S.I. No. 417 of 2009

MONKFISH (CONTROL OF LANDINGS) REGULATIONS 2009

Notice of the making of this Statutory Instrument was published in

"Iris Oifigiúil" of 23rd October, 2009.

I, Tony Killeen, Minister of State at the Department of Agriculture, Fisheries and Food, in exercise of the powers conferred on me by sections 3 and 14 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 and Food (Alteration of Name of Department and Title of Minister) Order 2007 (S.I. No. 705 of 2007)), hereby make the following regulations-

1. These Regulations may be cited as the Monkfish (Control of Landings) Regulations 2009.

2. (1) The master of an Irish sea-fishing boat shall not land or tranship 150 kilograms or more of monkfish, or cause or permit another person to land or tranship 150 kilograms or more of monkfish at a port or landing place whether within the State or outside the State unless he or she has given at least four hours' notice of his or her intention to do so to a sea-fisheries protection officer.

(2) A notice under paragraph (1) shall be given to the Fisheries Monitoring Centre in written form, to fax number +353 21 437 8096, or by telephone, to phone number +353 21 437 8752 and shall contain at least-

(a) the name of the sea-fishing boat,

(b) the name of the port or landing place,

(c) the estimated time of arrival at the port or landing place and

(d) the quantity in kilograms (live weight) of monkfish on board.

3. If requested by a sea-fisheries protection officer, the master of an Irish sea-fishing boat shall not land or tranship monkfish at a port or landing place or cause or permit another person to land or tranship monkfish at the port or landing place unless on each occasion a sea-fisheries protection officer has gives approval for the landing.

4. The master of an Irish sea-fishing boat shall ensure that monkfish is stored separately from other fish retained on board the sea-fishing boat.

5. The master of-

(a) an Irish sea-fishing boat, or

(b) a foreign sea-fishing boat,

landing or transhipping in excess of 750 kilograms of monkfish in the State shall not land or tranship monkfish, or cause or permit another person to land or tranship monkfish, except at An Daingean, Castletownbere, Dunmore East, Greencastle, Howth, Killybegs, Kilmore Quay, Kinsale, Cobh in the Port of Cork, Ros a Mhíl, Rosslare Harbour, Schull, Union Hall, Baltimore, Ballycotton or Clogherhead.

6. The Monkfish (Control of Landings) Regulations 2009 ( S.I. no. 33 of 2009 ) are revoked.

GIVEN under my Hand,

19 October 2009.

TONY KILLEEN,

Minister of State for the Department of Agriculture, Fisheries and Food.

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 establish landing controls for all Irish sea-fishing boats fishing for monkfish and to establish designated ports of landing for all Irish and foreign boats landing more then 750 kg of Monkfish. Baltimore and Ballycotton have now been included as designated ports.