S.I. No. 206/2015 - Razor Clam (Conservation of Stocks) Regulations 2015.
Notice of the making of this Statutory Instrument was published in | ||
“Iris Oifigiúil” of 29th May, 2015. | ||
I, SIMON COVENEY, Minister for Agriculture, Food and the Marine, in exercise of the powers conferred on me by sections 3 and 15 of the Sea-Fisheries and Maritime Jurisdiction Act 2006 (No. 8 of 2006) and the Sea Fisheries, Foreshore and Dumping at Sea (Transfer of Departmental Administration and Ministerial Functions) Order 2007 ( S.I. No. 707 of 2007 ) (as adapted by the Agriculture, Fisheries and Food (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 455 of 2011 )), hereby make the following regulations: | ||
1. These Regulations may be cited as the Razor Clam (Conservation of Stocks) Regulations 2015. | ||
2. In these Regulations— | ||
“Authority” means the Sea-Fisheries Protection Authority; | ||
“classified production area” means an area classified by the Authority in accordance with Chapter II, Annex II of Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 20041 ; | ||
“fishing week” means seven consecutive days commencing on a Monday; | ||
“GPRS” means general packet radio service; | ||
“GPS” means global positioning system; | ||
“razor clams” means Ensis spp. | ||
3. The master or person in charge of a sea-fishing boat fishing for razor clams within the internal waters or territorial seas shall: | ||
(1) not fish for or attempt to fish for razor clams outside of a classified production area; | ||
(2) not fish for or attempt to fish for razor clams in more than one class of classified production area on any one day. | ||
4. (1) The owner, master or other person who is for the time being in charge of a sea-fishing boat fishing for razor clams within the internal waters or territorial seas shall: | ||
(a) ensure that a fully functioning GPS monitoring system is installed onboard the boat; | ||
(b) ensure that the GPS monitoring system is operational at all times while the boat is away from port and has on board fishing equipment; | ||
(c) ensure that the data of GPS monitoring system are not altered in any way; | ||
(d) ensure the antenna or the antennas connected to the GPS monitoring system are not obstructed, disconnected or blocked in any way; | ||
(e) not permit a person on board the boat to destroy, damage or otherwise interfere with the GPS monitoring system unless an officer of the Authority has authorised its repair or replacement. | ||
(2) The GPS monitoring system referred to in paragraph (1) shall: | ||
(a) be of a type included on any list of approved GPS monitoring systems that may be published by the Authority; | ||
(b) acquire, log, store and transmit to shore the boat’s positional information as required over the GPRS; | ||
(c) use a direct power supply from the boat and have an independent power source; | ||
(d) be fitted in a robust and tamperproof manner; and | ||
(e) transmit the boat’s positional information to shore at a frequency of up to once per minute in a format accessible by the Authority and the Marine Institute. | ||
(3) This Regulation comes into operation on 20 July 2015. | ||
5. The master or person in charge of a sea-fishing boat used to fish for razor clams within the internal waters or territorial seas shall ensure that all landings of razor clams by the boat are weighed in a location and by means of weighing systems approved in writing by the Authority before being sorted, processed, held in storage or transported from the port of landing. | ||
6. The owner, master or other person who is for the time being in charge of a sea-fishing boat used to fish for razor clams within the internal waters or territorial seas shall accurately complete a copy of the Authority’s “Shellfish Gatherers Document for Shellfish Vessels” in respect of each day of fishing razor clams and send the records relating to a fishing week as directed by the Authority within 48 hours of the end of that fishing week. | ||
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GIVEN under my Official Seal, | ||
26 May 2015. | ||
SIMON COVENEY, | ||
Minister for Agriculture, Food and the Marine. | ||
EXPLANATORY NOTE | ||
(This note is not part of the instrument and does not purport to be a legal interpretation) | ||
The effect of these Regulations is to regulate the razor clam fishery within the internal waters or territorial seas by implementing a number of restrictions and conditions for the fishery, including weighing of landings, reporting of catch and GPS monitoring of vessels. | ||
