European Communities (Data Collection In the Fisheries Sector) Regulations, 2010

• Jurisdiction: Ireland
• Citation: IR SI 132/2010

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 2nd April, 2010.

I, BRENDAN SMITH, Minister for Agriculture, Fisheries and Food, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972), for the purpose of giving full effect to Council Regulation (EC) No. 199/2008 of 25 February 2008 1 and Commission Decision No. 2008/949/EC of 6 November 2008 2 , hereby make the following Regulations:

Citation

1. These Regulations may be cited as the European Communities (Data Collection in the Fisheries Sector) Regulations 2010.

Interpretation

2. (1) In these Regulations—

“Bord Iascaigh Mhara” means a body established under section 14 of the Sea Fisheries Act 1952 (No. 7 of 1952);

“Council Regulation” means Council Regulation (EC) No. 199/2008 of 25 February 2008;

“Commission Decision” means Commission Decision No. 2008/949/EC of 6 November 2008;

“data collection officer” means—

(a) a sea-fisheries protection officer, or

(b) a person appointed under Regulation 9

“fish” includes crustaceans and molluscs;

“Marine Institute” means a body established under section 3 of the Marine Institute Act 1991 (No. 2 of 1991);

“Minister” means Minister for Agriculture, Fisheries and Food;

“Sea-Fisheries Protection Authority” means a body established under section 41 of the Sea-Fisheries and Maritime Jurisdiction Act 2006 (No. 8 of 2006).

(2) A word or expression that is used in these Regulations and is also used in the Council Regulation or the Commission Decision has, in these Regulations, the same meaning as in the Council Regulation or the Commission Decision.

Duties of vessel owner

3. The owner of a sea-fishing boat shall maintain data of—

(a) all catches, discards, landings and transhipments of fish by quantity and species,

(b) fishing gear used, to target species or for target species,

(c) economic data as listed in Appendix VI to the Commission Decision, and

(d) capacity, effort and landings as listed in Appendix VIII to the Commission Decision.

Duties of aquaculture operator

4. The operator of an aquaculture site shall maintain data of—

(a) transfers of fish to or from the site,

(b) production by quantity and species, and

(c) economic data as listed in Appendix X to the Commission Decision.

Duties of processor

5. The operator of a fish processing plant shall maintain data of—

(a) quantities and species of raw material entering the plant,

(b) quantities and types of products produced, and

(c) economic data as listed in Annex XII of the Commission Decision.

Maintenance of data, etc.

6. (1) Data under Regulations 3, 4 or 5 shall be maintained for a period of three years after the year to which the data relates and be made available on request to a data collection officer.

(2) The Minister may determine the form in which data under Regulations 3, 4 or 5 is to be maintained and, if he or she does so, the data shall be maintained in that form.

(3) Data under Regulations 3, 4 or 5 may be maintained in machine readable form if it is capable of being transferred into readable form.

Obligations on certain public bodies

7. Notwithstanding the Data Protection Acts 1998 and 2003, the Sea Fisheries Protection Authority, the Marine Institute, Bord Iascaigh Mhara and the Minister shall make available to a data collection officer such data relating to activities referred to in Regulations 3, 4 or 5 as is available.

Disclosure of information

8. A person shall not disclose data obtained under these Regulations unless authorised by the Minister to do so.

Appointment of data collection officer

9. (1) The Minister may, by...