Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 21st June, 2019.

I, MICHAEL CREED, Minister for Agriculture, Food and the Marine, in exercise of the powers conferred on me by sections 3 and 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 )), and after consultation with the Minister for Communications, Climate Action and Environment, hereby make the following regulations:

1. These Regulations may be cited as the Sea-Fisheries and Maritime Jurisdiction (Bluefin Tuna) Regulations 2019.

2. These regulations do not apply to fishing vessels that are licensed under section 4 of the Fisheries (Amendment) Act 2003 (as inserted by section 97 of the Sea-Fisheries and Maritime Jurisdiction Act 2006 ) and registered under sections 74 to 80 and section 100 of the Sea-Fisheries and Maritime Jurisdiction Act 2006 , and the Merchant Shipping (Registry, Lettering and Numbering of Fishing Boats) Regulations 2005 ( S.I. No. 261 of 2005 ).

3. A person shall not target bluefin tuna (Thunnus thynnus) unless he or she is authorised by the Minister for Communications, Climate Action and Environment under section 14 of the Fisheries (Consolidation) Act 1959 (as substituted by section 4 of the Fisheries (Amendment) Act 1962 ), permitting such person, as the vessel operator of a specific vessel identified in the authorisation, to target bluefin tuna in a catch, tag and release fishery.

4. A person authorised under section 14 of the Fisheries (Consolidation) Act 1959 (as substituted by section 4 of the Fisheries (Amendment) Act 1962 ) to target bluefin tuna in a catch, tag and release fishery shall not retain on board, tranship, transfer, tow, land, transport, store, offer for sale or sell bluefin tuna.

5. A person not authorised under section 14 of the Fisheries (Consolidation) Act 1959 (as substituted by section 4 of the Fisheries (Amendment) Act 1962 ) to target bluefin tuna in a catch, tag and release fishery shall not target, retain on board, tranship, transfer, tow, land, transport, store, offer for sale or sell bluefin tuna.

6. A bluefin tuna caught alive shall not be removed from the sea but, if so removed, shall be carefully handled and returned immediately alive to the waters from which it was taken.

7. A bluefin tuna that dies during capture shall be recorded and discarded by returning immediately to the waters from which it was taken.

8. On return to port, the vessel operator shall immediately report to the Sea Fisheries Protection Authority (SFPA) any discards of bluefin tuna on that trip.

9. A report made by a vessel operator in accordance with regulation 8 shall include the following particulars:

(i) The name of the vessel;

(ii) The name of the vessel operator and that of the persons catching the fish;

(iii) The length of the largest bluefin tuna caught in centimetres, or where only one bluefin tuna is caught, the length of that bluefin tuna; and

(iv) The returns to the sea in numbers of bluefin tuna as well as tag identification details, should a tagged blue fin tuna be caught during fishing.

10. A report made in accordance with regulation 8 shall be transmitted to the SFPA by means of electronic mail to the relevant local Port Office electronic mail address as may be listed on the website of the SFPA from time to time.

GIVEN under my Official Seal,

17 June, 2019.

MICHAEL CREED,

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).

These Regulations provide that any person not authorised in a bluefin tuna catch, tag and release fishery shall not target, retain on board, tranship, transfer, tow, land, transport, store, offer for sale or sell bluefin tuna.

These Regulations also provide inter alia that any bluefin tuna caught alive shall not be removed from the sea but, if so removed, shall be carefully handled and returned immediately alive to the waters from which it was taken.