Sea-Fisheries (Community Control System) Regulations 2012

• Jurisdiction: Ireland
• Citation: IR SI 320/2012
• Year: 2012

ARRANGEMENT OF REGULATIONS

1. Citation

2. Interpretation

3. Single Authority

4. Competent Authority

5. Requirements on fishing vessels for complying with Council and Commission Regulations

6. Obligation on operator to comply with common mandatory standards

7. Buyers to comply with rules on weighting fisheries products

8. Derogation from Vessel Monitoring Systems and Electronic Recording of information

9. Designated ports

10. Recreational fisheries

11. Marketing records

12. Weighing of fishery products — approved equipment

13. Fisheries Monitoring Centre

14. Revocation

S.I. No. 320 of 2011

SEA-FISHERIES (COMMUNITY CONTROL SYSTEM) REGULATIONS 2012

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 17th August, 2012.

I, SIMON COVENEY, Minister for Agriculture, Food and the Marine, in exercise of the powers conferred on me by section 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. 1224/2009 of 20 November 20091 (other than Article 92) and Commission Implementing Regulation (EU) No 404/2011 of 8 April 20112 (other than Title VII), hereby make the following regulations:

Citation

1. These Regulations may be cited as the Sea-Fisheries (Community Control System) Regulations 2012.

Interpretation

2. (1) In these Regulations—

“Commission Regulation” means Commission Implementing Regulation (EU) No 404/2011 of 8 April 2011;

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

“Marine Survey Office” means that part of the Department of Transport, Tourism and Sport which is known by that name;

“SFPA” means Sea Fisheries Protection Authority;

“surveyor of ships” means a person appointed under section 724 of The Merchant Shipping Act 1894 (c. 60) to be a surveyor of ships for the purposes of that Act.

(2) A word or expression that is used in the Commission Regulation or the Council 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 Commission Regulation or the Council Regulation, as the case may be.

Single-authority

3. The Single Authority for the purposes of Article 5(5) of the Council Regulation and Article 46 of the Commission Regulation is the SFPA.

Competent authority

4. (1) The SFPA is the competent authority in the State, for the purpose of—

(a) Articles 14 (6), 15(1) and (2), 17(1), (2) and (3), 19, 21(4), 22(1), (4) and (5), 23(3), 24(1), (4) and (7), 27, 28 (1), 29(2), 48(3) and (4), 62(1), (2) and 5 and 63(1), 67 and 68(1), (2) and (3) of the Council Regulation, and

(b) Articles 29, 31(1), 32, 51(4), 61, 71(3), 75, 80(1) and (2), 82(1) and 87 of the Commission Regulation.

(2) The Marine Survey Office is the competent authority in the State for the purposes of—

(a) Articles 39(2) and (3) and 41(2) of the Council Regulation, and

(b) Article 62(2) of the Commission Regulation.

(3) A surveyor of ships may carry out the functions of a sea fisheries protection officer under sections 17 and 18 of the Sea-Fisheries and Maritime Jurisdiction Act 2006 (No. 8 of 2006) for the purpose of Articles 39(2) and (3) and 41(2) of the Council Regulation and Article 62(2) of the Commission Regulation.

(4) The Irish Naval Service who operate the Fisheries Monitoring Centre is the competent authority in the State for the purposes of—

(a) Article 80 of the Council Regulation, and

(b) Articles 20(3), 25, 39(1), 40, 41, 58(1) of the Commission Regulation.

Requirements on fishing...