S.I. No. 605 of 2008

MUSSEL SEED (PROHIBITION ON FISHING) (NO. 3) REGULATIONS 2008

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 16th January, 2009.

I, BRENDAN SMITH, Minister for Agriculture, Fisheries and Food, inexercise 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 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 Mussel Seed (Prohibition on Fishing) Regulations 2008 and come into operation on 31 December 2008.

2. In these Regulations “mussel seed” means mussels (mytilus edulis) whether alive or dead and includes any part of a mussel and the shell, or any part of the shell, of a mussel seed and which are not intended for direct humanconsumption.

3. (1) A person shall not fish for or attempt to fish for mussel seed or cause or permit another person to fish for or attempt to fish for mussel seed within the exclusive fishery limits of the State.

(2) A person shall not buy, handle, weigh, tranship, transport, land, process, store or sell mussel seed that has been caught or harvested in contravention of paragraph (1).

(3) Nothing the Regulations effects the harvesting of mussel seed in accordance with an aquaculture licence (within the meaning of the Fisheries (Amendment) Act 1997 (No. 23 of 1997).

4. These Regulations are in addition to and not in substitution for theEuropean Communities (Control on Mussel Seed Fishing) Regulations 2008 ( S.I. No. 347 of 2008 )

GIVEN under my Official Seal,

23 December 2008

BRENDAN SMITH,

Minister for Agriculture, Fisheries and Food.

EXPLANATORY MEMORANDUM

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

The effect of these Regulations is to provide for the closure of the mussel seed fishery.