S.I. No. 225 of 2001

SEA FISHERIES (NON-GILL NET TUNA AND CERTAIN OTHER SPECIES FISHING) ORDER, 2001.

I, Frank Fahey, Minister for the Marine and Natural Resources in exercise of the powers conferred on me by Section 223A (inserted by Section 9 of the Fisheries (Amendment) Act, 1978 ( No. 18 of 1978 ) and amended by Section 4 of the Fisheries (Amendment) Act, 1983 ( No.27 of 1983 )) of the Fisheries (Consolidation) Act, 1959 (No. 14 of 1959) , and the Fisheries (Transfer of Departmental Administration and Ministerial Functions) Order, 1977 ( S.I.No. 30 of 1977 ) (as adapted by the Marine (Alteration of name of Department and Title of Minister) Order, 1997 ( S.I. No. 301 of 1997 )), hereby order as follows:

1.       This Order may be cited as the Sea Fisheries (Non-Gill Net Tuna and Certain Other Species Fishing) Order, 2001.

This Order shall come into operation on the 24th day of May, 2001.

2.       In this Order -

“tuna” means Northern Albacore (Germo alalunga) listed in Annex VIII to the Council Regulation;

“the Annex”, means Annex VIII to the Council Regulation;

“the Council Regulation” means Council Regulation (EC) No. 894/97 of 29 April, 1997² , as amended by Council Regulation (EC) No. 1239/98 of 8 June, 1998¹ , and any future regulation of the Council of the European Union made after the making of this Order which amends, extends, replaces or consolidates (with or without modifications) the Council Regulation (as defined herein);

“non-gill net tuna fishing” means fishing for tuna and certain other species listed in the Annex by means of fishing gears other than any type of gill net, driftnets, bottom set gill nets, trammel nets and entangling nets.

“scientific data” means information collected in the course of experimental fishing for tuna relating to gear, catch, location, effort and other parameters as laid down;

“Minister” means the Minister for the Marine and Natural Resources;

“BIM” means Bord Iascaigh Mhara (The Irish Sea Fisheries Board).

3.       A person who is the owner, charterer or hirer of an Irish sea fishing boat may not engage in non-gill net fishing for the species listed in the Annex unless:

(i)      an authorisation has been granted under Article 4 of this Order or

(ii)      an authorisation has been granted under Article 7 of the Sea Fisheries (Gill Net Tuna and Certain Other Species Fishing) Order, 2001, ( S.I.No.226 of 2001 ).

4.       (1)      The Minister may, upon the application of any person who is the owner, charterer or hirer of an Irish sea-fishing boat and upon being furnished by the person with any information which the Minister may reasonably require in relation to the application, grant to the person an authorisation for the purposes of conducting non gill net tuna fishing.

(2) An authorisation under this Article shall stand revoked if the holder of the authorisation ceases to be the owner, charterer or hirer of the boat to which the authorisation relates or does not or ceases to hold a licence granted under section 222B (inserted by section 2 of the Fisheries (Amendment) Act, 1983 ) of the Fisheries (Consolidation) Act, 1959 or ceases to be registered in the Register of Fishing Boats.

(3) An authorisation under this Article shall be subject to any or all of the following conditions as the Minister thinks fit and specifies in the authorisation;

(i)       specifying the quantities or types of fishing gear or gears which may be used for the purposes of non-gill net tuna fishing, and the manner in which such gear or gears may be used;

(ii)      restricting the quantity of the species listed in the Annex that may be taken, landed or transhipped in a specified period or periods;

(iii)      prohibiting the landing or transhipment of the species listed in the Annex other than at specified places;

(iv)     the collection, collation and submission of all specified data considered necessary in relation to non-gill net tuna fishing;

(v)      the keeping by the master of the boat in relation to the activities of the boat such records as may be specified by the Minister in the authorisation under this Article;

(vi)     requiring the master of the boat concerned at all times on a request being made in that behalf to facilitate the boarding and inspection of the boat and inspection of the authorisation and any records kept on board the boat in relation to the boat, whether pursuant to a requirement of the authorisation or otherwise, by a sea fisheries protection officer and the taking of copies of the authorisation or any such records by such an officer;

(vii)    requiring the master of the boat to facilitate the placing of any person appointed by the Minister or BIM on board the vessel for the purposes of ensuring compliance with the requirements of the authorisation, fisheries legislation generally and scientific observation or otherwise;

(vii)    requiring the keeping of the authorisation on the boat concerned; or

(ix)     requiring the surrender of the authorisation by the holder to the Minister or a sea fisheries protection officer upon its expiry or revocation.

5.       Neither an Irish sea-fishing boat nor a person on board an Irish sea-fishing boat shall engage in non-gill net fishing for the species listed in the Annex and the master of an Irish sea-fishing boat shall not cause or permit the boat or any person on board to engage in non-gill net fishing for the species listed in the Annex unless operating under an authorisation granted under Article 4 of this Order.

6.       The Minister may, if he or she is satisfied that there has been a failure to comply with all relevant EU and national legislation or with a condition specified in an authorisation under Article 4 by the holder of the authorisation or the master of the vessel to which such an authorisation relates, revoke the authorisation.

7.       The Minister may at any time revoke or vary any condition, or insert a new condition, under Article 4, and the condition as so revoked, varied or inserted shall be regarded as being specified in the authorisation.

8.       Neither a person to whom an authorisation is granted under Article 4 nor the master of an Irish sea-fishing boat to which such an authorisation relates shall fail to comply with a condition specified in the authorisation or cause or permit such a failure.

9.       The following Order is hereby revoked:

Sea Fisheries (Experimental Fishing for Tuna) Order, 2000 ( S.I. No. 251 of 2000 ).

EXPLANATORY NOTE

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

The effect of this Order is to allow for the fishing for tuna and the other species listed in the Annex to Council Regulation 1239/98 by means of fishing gears other than any type of gill net, driftnets, bottom set gill nets, trammel nets and entangling nets.

This Order comes into operation on the 24th day of May, 2001.

Published by the Stationery Office, Dublin.

2.O.J.No.L.132,23.5.97,pl.

1.O.J.No.L171,17.6.98,pl.