European Union (Birds and Natural Habitats) (Sea-fisheries) Regulations 2013

• Jurisdiction: Ireland
• Citation: IR SI 290/2013
• Year: 2013

CONTENTS

Regulation

Part 1

Preliminary and General

1. Citation

2. Interpretation

Part 2

Measures for environmental protection

3. Fisheries Natura plan

4. Screening of fisheries Natura plan

5. Appropriate Assessment of fisheries Natura plan

6. Adoption of fisheries Natura plan

7. Publication of fisheries Natura plan

8. Assessment of sea-fishing

9. Fisheries Natura declaration

10. Fisheries Natura permit

Part 3

Authorised officers and related matters

11. Appointment of authorised officer

12. Functions of authorised officer

13. Search warrant

14. Assistance to authorised officer

15. Obstruction, etc.

16. Disposal of sea-fish, etc.

Part 4

Proceedings, offences and related matters

17. Detention order

18. Detention pending trial

19. Provision of security

20. Matters relating to indictable offences

21. Service of documents

22. Notices

Part 5

Offences, etc.

23. Due diligence, etc.

24. Presumption

25. Offences

26. Penalties

27. Jurisdiction of District Court

28. Recovery of fine and forfeiture, etc.

29. Non-recording of forfeiture

30. Appeal by prosecutor

31. Evidence on certificate

Part 6

Amendments, revocations and savers

32. Amendments to Regulations

33. Revocations and savers

S.I. No. 290 of 2013

EUROPEAN UNION (BIRDS AND NATURAL HABITATS) (SEA-FISHERIES) REGULATIONS 2013

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 6th August, 2013.

I, SIMON COVENEY, Minister for Agriculture, Food and the Marine, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving further effect to Directive 2009/147/EC of the European Parliament and of the Council of 30 November 20091 and Council Directive 92/43/EEC of 21 May 19922 (as amended by Council Directive 97/62/EC of 27 October 19973 , Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29 September 20034 and Council Directive 2006/105/EC of 20 November 20065 ), in so far as those Directives relate to the impact of sea-fisheries on the marine environment, hereby make the following regulations:

Part 1

Preliminary and General

Citation

1. These Regulations may be cited as the European Union (Birds and Natural Habitats) (Sea-fisheries) Regulations 2013.

Interpretation

2. (1) In these Regulations—

“Act of 2006” means Sea-Fisheries and Maritime Jurisdiction Act 2006 (No. 8 of 2006);

“Appropriate Assessment” means appropriate assessment as referred to in Article 6(3) of the habitats Directive;

“assessment report” shall be construed in accordance with Regulation 8(1);

“authorised officer” means—

(a) a sea-fisheries protection officer within the meaning of section 16 of the Act of 2006, or

(b) a person appointed as such under Regulation 11;

“Authority” means Sea-Fisheries Protection Authority;

“birds Directive” means Directive 2009/147/EC of the European Parliament and of the Council of 30 November 20091;

“Community fishing vessel” has the meaning assigned to it in Article 3(d) of Council Regulation (EC) No. 2371/2002 of 20 December 20026 ;

“conservation objectives” has the meaning assigned to it in Regulation 2 of the Regulations of 2011;

“electronic publication” includes publication on the internet;

“European site” has the meaning assigned to it Regulation 2 of the Regulations of 2011;

“fish” and “sea-fish” have the meanings assigned to them in section 6 of the Act of 2006;

“fisheries Natura declaration” shall be construed in accordance with Regulation 9;

“fisheries Natura permit” shall be construed in accordance with Regulation 10;

“fisheries Natura plan” shall be construed in accordance with Regulation 3;

“fishing effort” has the meaning assigned to it in section 6 of the Act of 2006;

“fishing gear” has the meaning assigned to it in section 6 of the Act of 2006;

“fishing licence” has the meaning assigned to it in Article 4 of Council Regulation (EC) No. 1224/2009 of 20 November 20097 ;

“habitats Directive” means Council Directive 92/43/EEC of 21 May 19922, as amended by—

(a) Council Directive 97/62/EC of 27 October 19973,

(b) Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29 September 20034, and

(c) Council Directive 2006/105/EC of 20 November 20065;

“Irish sea-fishing boat” has the meaning assigned to it in section 2 of the Act of 2006;

“licence” means a licence, in respect of a boat, which has been granted—

(a) under section 4 of the Fisheries (Amendment) Act 2003 (No. 21 of 2003) (as amended by section 97 of the Act of 2006), or

(b) by the competent authority of another Member State in accordance with Article 6 of Council Regulation (EC) No. 1224/2009 of 20 November 20097;

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

“Minister” means Minister for Agriculture, Food and the Marine;

“Natura Impact Statement” has the meaning assigned to it in Regulation 2 of the Regulations of 2011;

“plan” has the same meaning as it has in Regulation 2 of the Regulations of 2011 in so far as a plan establishes public policy in relation to sea-fishing;

“record” includes a memorandum, book, plan, map, drawing, diagram, pictorial or graphic work or other document, a photograph, film or recording (whether of sound or images or both), any form in which data (within the meaning of the Data Protection Acts 1988 and 2003) are held, any other form (including machine-readable form) or thing in which information is held or stored manually, mechanically or electronically and anything that is a part or a copy, in any form, of any of the foregoing or is a combination of 2 or more of the foregoing;

“Regulations of 2011” means European Communities (Birds and Natural Habitats) Regulations 2011 ( S.I. No. 477 of 2011 );

“sea-fishing” has the same meaning as it has in section 6 of the Act of 2006;

“sea-fishing boat” includes a Community fishing vessel, or an Irish sea-fishing boat, with a valid fishing licence;

“vehicle” includes a railway wagon or trailer, designed for use or used with a vehicle, or container designed or used for carriage on a vehicle, whether either is attached to or detached from a vehicle;

“vessel” includes sea-fishing boat.

(2) A word or expression that is used in these Regulations and is also used in the birds Directive or the habitats Directive has, unless the contrary intention appears, the same meaning in these Regulations as it has in those Directives, as the case may be.

(3) A reference in these Regulations to sea-fishing activity or fishing activity includes—

(a) taking of sea-fish or fish, by any means,

(b) surveying or searching for sea-fish or fish, by any means,

(c) attempting to fish,

(d) the purchase, sale, handling, transport, processing, or storage of fish or sea-fish, or

(e) having on board, retaining in possession, landing, trans-shipping, attempting to land or trans-ship, fish or sea-fish,

but does not include carrying out of aquaculture in accordance with an aquaculture licence (within the meaning of section 3 of the Fisheries (Amendment) Act 1997 (No. 23 of 1997)).

(4) These Regulations apply to the regulation of sea-fishing in so far as the regulation of that activity is necessary to secure compliance with the Regulations of 2011 and the objectives of the habitats Directive.

Part 2

Measures for environmental protection

Fisheries Natura plan

3. (1) Where the Minister is satisfied that a sea-fishing activity has the potential to have an impact on the conservation objectives of a European site, the Minister may invite a person to submit a plan, or an amendment to a plan, in such form (if any) as may be specified from time to time by the Minister (“fisheries Natura plan”), that relates to such activity.

(2) The purpose of a fisheries Natura plan is to assist in the achievement of the conservation objectives of a European site having regard to sea-fishing activity which has the potential to have an impact on those conservation objectives.

(3) A fisheries Natura plan may relate to one or more European sites.

(4) A fisheries Natura plan shall contain a description of the sea-fishing activity to which the plan relates and such other matters as may be specified from time to time by the Minister.

(5) A plan that relates to sea-fishing (other than a fisheries Natura plan) which the Minister may consider for adoption, approval or authorisation may be treated as a fisheries Natura plan for the purposes of these Regulations.

Screening of fisheries Natura plan

4. (1) Where the Minister receives a fisheries Natura plan submitted under Regulation 3(1), or proposes to substitute or amend a fisheries Natura plan adopted under Regulation 6, he or she may direct the Marine Institute, and if so directed the Marine Institute shall—

(a) carry out screening for an Appropriate Assessment in accordance with Regulation 42(1) of the Regulations of 2011, and

(b) make a recommendation to the Minister as to whether or not an Appropriate Assessment should be carried out on the fisheries Natura plan.

(2) The Minister may, having taken account of a recommendation received under paragraph (1)(b)—

(a) determine the need for an Appropriate Assessment of the fisheries Natura plan in accordance with Regulation 42(6) and (7) of the Regulations of 2011, and

(b) make a determination referred to in subparagraph (a) available in accordance with Regulation 42(18) of the Regulations of 2011.

Appropriate Assessment of fisheries Natura plan

5. (1) Where the Minister determines under Regulation 4 that an Appropriate Assessment is not required in respect of a fisheries Natura plan, he or she may determine whether or not to adopt the fisheries Natura plan in accordance with Regulation 6.

(2) Where the Minister determines under Regulation 4...