S.I. No. 636/2016 - Wild Salmon and Sea Trout Tagging Scheme (Amendment) Regulations 2016.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 3rd January, 2017.

I, SEAN KYNE, Minister of State at the Department of Communications, Climate Action and Environment, in exercise of the powers conferred on me by sections 69 and 78 (3)(a)(v) of the Inland Fisheries Act 2010 (No. 10 of 2010) and the Energy and Natural Resources (Delegation of Ministerial Functions) Order 2016 ( S.I. No. 420 of 2016 )(as adapted by the Communications, Energy and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2016 ( S.I. No. 421 of 2016 ), after consultation with Inland Fisheries Ireland, hereby make the following regulations:

1. (1) These Regulations may be cited as the Wild Salmon and Sea Trout Tagging Scheme (Amendment) Regulations 2016.

(2) These Regulations come into operation on 1 January 2017.

2. The Wild Salmon and Sea Trout Tagging Scheme Regulations 2013 ( S.I. No. 573 of 2013 ) (as amended by the Wild Salmon and Sea Trout Tagging Scheme (Amendment) Regulations 2015 ( S.I. No. 581 of 2015 ) are amended—

(a) in Regulation 5, by the substitution of the following paragraph for paragraph (1):

“(1) In addition to the tagging requirements contained in Regulation 3, where a person lawfully catches and retains a wild salmon or sea trout by rod and line during the period from 1 January to 30 September in any year in respect of a river mentioned in column (2) of Schedule 4 that opens on or after 1 January in accordance with bye-laws, he or she shall attach to the fish in accordance with paragraph (4) a brown tag issued to him or her under Regulation 6.”,

(b) in Regulation 7(1), by the substitution of “a river mentioned in Schedule 4” for “a river mentioned in Part 1 and Part 2 of Schedule 4”,

(c) in Regulation 8(1), by the substitution of “a river mentioned in column (2) of Schedule 4 opposite mention, in column (1) of that Schedule” for “a river mentioned in column (2) of Part 1 and column (2) of Part 2 of Schedule 4 opposite mention, in column (1) of Part 1 and column (1) of Part 2, as the case may be, of that Schedule”,

(d) in Regulation 21, by the substitution of the following paragraph for paragraph (2):

“(2) This Regulation does not apply to any wild salmon or sea trout tagged in accordance with these Regulations which is purchased bona fide from a person fishing under a commercial fishing licence by or on behalf of a person for personal or for private leisure consumption.”,

(e) by the substitution of the following Schedule for Schedule 2:

Schedule 2

Regulations 3(7), 4(8), 10, 11 and 22

Rivers

Total Allowable Catch

(f) by the substitution of the following Schedule for Schedule 4:

Schedule 4

Regulations 5, 7 and 8

Fishery districts and rivers to which brown tags apply

and

(g) by the substitution of the following Schedule for Schedule 6:

Schedule 6

Regulations 14, 17 and 20

Offices of IFI

GIVEN under my hand,

20 December 2016.

SEAN KYNE,

Minister of State at the Department of Communications, Climate Action and Environment.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

These regulations provide for, the quotas of fish that can be harvested by commercial fishing engines and rod and line from those rivers identified in Schedule 2. The Regulations also provide for the use of brown tags in specified rivers which are identified in Schedule 4.

1In the event that draft net fishing takes place in the common estuary, the combined total allowable catch of the rivers Caragh, Laune and Maine contributing to the fishery is reduced to reflect the higher risk associated with meeting the individual river conservation limits simultaneously

2In the event that draft net fishing takes place in the common estuary, the combined total allowable catch of the rivers Erriff and Bundorragha contributing to the fishery is reduced to reflect the higher risk associated with meeting the individual river conservation limits simultaneously.