S.I. No. 226 of 2001

SEA FISHERIES (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 )), for the purpose of giving effect to Council Regulation (EC) No. 1239/98 of 8 June, 1998¹ , and to that part of Annex If of Council Regulation 2848/2000 which refers to Northern Albacore Germo alalunga hereby order as follows:

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

2.       In this Order -

“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);

“gill nets” means any type of gill nets, driftnets, bottom set gill nets, trammel nets and entangling nets.

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

3.       (1)      Subject to Article 4 of this Order, the master of an Irish sea-fishing boat shall comply with Articles 11, 11a and 11b of the Council Regulation.

(2)      Subject to Article 4 of this Order, the master, owner, charterer or hirer of an Irish sea-fishing boat shall not cause or permit a person on board the boat to fail to comply with Articles 11, 11a or 11b of the Council Regulation.

(3)      Subject to Article 6 of this Order, the master of a foreign sea-fishing boat, within the exclusive fishing limits of the State, shall comply with Articles 11, 11a and 11b of the Council Regulation.

(4)      Subject to Article 6 of this Order, the master, owner, charterer or hirer of a foreign sea-fishing boat shall not cause or permit a person on board the boat, within the exclusive fishery limits of the State, to fail to comply with Articles 11, 11a or 11b of the Council Regulation.

4.       (1)      The holder of an authorisation granted under Article 7 of this Order may keep on board an Irish sea-fishing boat to which the authorisation relates, or use for fishing from the boat, one or more gill nets, whose individual or total length is not more than 2.5 kilometres, intended for the capture of the species listed in the Annex, or cause or permit such a boat or any person to keep on board, or use for fishing from the boat, one or more such nets, whose individual or total length is not more than 2.5 kilometres intended for the capture of the species listed in the Annex.

5.       Neither an Irish sea-fishing boat nor a person on board an Irish sea-fishing boat shall fish with gill nets 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 fish with gill nets for the species listed in the Annex unless operating under an authorisation granted under Article 7 of this Order.

6.       (1)      The holder of an authorisation granted for the purposes of Article 11a(3) of the Council Regulation by the competent authority of the flag Member State of the European Community (other than the State) may, within the exclusive fishery limits of the State, keep on board the foreign sea-fishing boat to which the authorisation relates, or use for fishing from the boat, one or more driftnets whose individual or total length is not more than 2.5 kilometres, intended for the capture of the species listed in the Annex, or a combined length of any type of gillnets of not more than 2.5 kilometres when fishing for Northern Albacore Germo alalunga or cause or permit such a boat or any person to keep on board, or use for fishing from the boat, one or more such driftnets intended for the capture of species listed in the Annex or a combined length of any type of gillnets of not more than 2.5 kilometres when fishing for Northern Albacore Germo alalunga.

7.       (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 authorising the use from the boat of one or more gill nets, whose individual or total length is not more than 2.5 kilometres, for the capture of species listed in the Annex, during such period as may be specified in the authorisation.

(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 .

(3)      An authorisation under this Article shall be subject to -

(a)      the conditions specified in Article 11b of the Council Regulation and specified in the authorisation, and

(b)      any or all of the following conditions (if any) as the Minister thinks fit and specifies in the authorisation -

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

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

(iii)     requiring the master of the boat concerned to keep specified records, in addition to those required by Article 11b(3) of the Council Regulation in relation to the activities of the boat,

(iv)     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.

(v)      requiring the keeping of the authorisation on the boat concerned, or

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

(4)      The Minister may, if he or she is satisfied that there has been a failure to comply with a condition specified in an authorisation under this Article, revoke the authorisation.

(5)      Where an application for an authorisation under this Article is made by a person who has previously held an authorisation that was revoked under this Article by the Minister, the Minister may, if he or she so thinks fit refuse to grant the authorisation to which the application relates.

(6)      The Minister may at any time revoke or vary any condition, or insert a new condition, under paragraph (3)(b) of this Article, and the condition as so revoked, varied or inserted shall be regarded as being specified in the authorisation.

(7)      Neither a person to whom an authorisation is granted under this Article 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.

8.       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 7 by the holder of the authorisation or the master of the vessel to which such an authorisation relates, revoke the authorisation.

9.       The following Order is hereby revoked:

The Sea Fisheries (Driftnets) Order, 1998 ( S.I.No. 267 of 1998 ).

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 provide for a regulatory framework for the authorisation of gill net fishing for tuna and other species listed in the Annex to Council Regulation 1239/98.

Published by the Stationery Office, Dublin.

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

2. O.J.No.L132,23.5.97.p1

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