Irish Statutory Instruments

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 22nd February, 2013.

I, SIMON COVENEY, Minister for Agriculture, Food and the Marine, in exercise of the powers conferred on me by section 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 Monkfish (Control of Landings) (No. 2) Regulations 2013.

2. (1) The master of an Irish sea-fishing boat, wherever it may be, shall give at least four hours notice to a sea-fisheries protection officer of his or her intention to enter a port or landing place to land or tranship 150 kilograms or more of monkfish.

(2) The notice under paragraph (1) shall contain at least the following information-

(a) The external identification number and 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

and shall be submitted electronically, in writing, or by telephone to Fisheries Monitoring Centre, Naval Base, Haulbowline, Co. Cork (telephone: 353 21 437 8752 or 1890 252081, facsimile: 353 21 437 8096 or electronic mail- [email protected]).

3. If required by a sea-fisheries protection officer, the master of an Irish sea-fishing boat, wherever it may be, shall seek approval from a sea-fisheries protection officer before he or she lands or tranships monkfish in a port or landing place.

4. The master of an Irish sea-fishing boat, wherever it may be, shall ensure that monkfish is stored separately from other fish retained on board the sea-fishing boat and is displayed on the vessel stowage plan.

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 only land or tranship the monkfish at one of the following ports or landing places: An Daingean, Ballycotton, Baltimore, Castletownbere, Clogherhead, Cobh in the Port of Cork, Dunmore East, Greencastle, Howth, Killybegs, Kilmore Quay, Kinsale, Ros a Mhíl, Rosslare Harbour, Schull, Union Hall.

6. The Monkfish (Control of Landings) Regulations 2013 ( S.I. No. 7 of 2013 ) are revoked.

GIVEN under my Official Seal,

13 February 2013.

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 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 than 750 kg of Monkfish. Section 5 is amended to include Ballycotton and Baltimore as ports designated for Monkfish landings. In accordance with Section 2(1), at least 4 hours notice of intention to enter port to land monkfish must be given to a sea-fisheries protection officer.