Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 21st April, 2015.

I, SIMON COVENEY, Minister for Agriculture, Food and the Marine, 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 2011 ( S.I. No. 455 of 2011 )), for the purpose of giving full effect to Council Regulation (EC) No. 302/2009 of 6 April 2009¹ and Commission Delegated Regulation (EU) 2015/98 of 18 November 2014² hereby make the following regulations:

Citation

1. These Regulations may be cited as the Sea-Fisheries (Common Fisheries Policy) (Bluefin Tuna) Regulations 2015.

Application

2. These Regulations apply to the master of-

(a) an Irish sea-fishing boat wherever it may be, or

(b) a sea-fishing boat in the exclusive fishing limits of the State.

Interpretation

3. (1) In these Regulations-

“Bluefin Tuna Regulation” means Council Regulation (EC) No. 302/2009 of 6 April 2009, as amended by Regulation (EU) No. 500/2012 of the European Parliament and of the Council of 13 June 2012³ and Regulation (EU) No. 544/2014 of the European Parliament and of the Council of 15 May 2014⁴ ;

“Commission Delegated Regulation” means Commission Delegated Regulation (EU) 2015/98 of 18 November 2014;

“Control Regulation” means Council Regulation (EC) No. 1224/2009 of 20 November 2009⁵ ;

(2) A word or expression that is used in the Control Regulation, the Bluefin Tuna Regulation or the Commission Delegated Regulation and is also used in these Regulations, has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Control Regulation, the Bluefin Tuna Regulation or the Commission Delegated Regulation.

Directed Fishing

4. A master may not catch, land or retain on board a boat, Bluefin Tuna, other than in accordance with a fishing authorisation as defined in the Control Regulation.

Closed Fishing Season

5. A master shall comply with Article 7 of the Bluefin Tuna Regulation in respect of the closed fishing season.

Minimum size limits and incidental catches of Bluefin Tuna

6. A master shall comply with Article 9 of the Bluefin Tuna Regulation and Article 4 of the Commission Delegated Regulation in respect of minimum size limits and incidental catches of Bluefin Tuna.

Bycatches of Bluefin Tuna

7. A master shall comply with Article 11 of the Bluefin Tuna Regulation and Article 4 of the Commission Delegated Regulation in relation to by-catch of Bluefin Tuna.

Landing Obligations

8. (1) Notwithstanding Article 15 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013⁶ , a master of a sea fishing boat shall comply with Article 4 of the Commission Delegated Regulation in respect of landing measures for Bluefin Tuna.

(2) A master shall comply with Article 17(3) of the Bluefin Tuna Regulation in respect to designated ports for landing or transhipping of Bluefin Tuna.

Control Measures

9. A master shall comply with Chapter V of the Bluefin Tuna Regulation in respect of control measures for Bluefin Tuna.

GIVEN under my Official Seal,

14 April 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.)

This instrument implements measures for the protection of Bluefin Tuna (Thunnus Thynnus) adopted by the European Union as a contracting party to The International Commission for the Conservation of Atlantic Tunas. The multiannual recovery plan for bluefin tuna in the eastern Atlantic and Mediterranean is implemented by COUNCIL REGULATION (EC) No 302/2009 of 6 April 2009 as amended by Regulation (EU) No. 500/2012 of the European Parliament and of the Council of 13 June 2012 and Regulation (EU) No 544/2014 of The European Parliament and of The Council of 15 May 2014 and Commission Delegated Regulation (EU) 2015/98 of 18 November 2014.

1 OJ L 96, 15.04.2009, p.1

2 OJ L 16, 23.1.2015, p.23

3 OJ L 157,16.6.2012, p. 1

4 OJ L 163, 29.5.2014,p.7

5 OJ L 343,22.12.2009, p.1

6 OJ L 354, 28.12.2013, p.22