Sea-Fisheries (Illegal, Unreported and Unregulated Fishing) (Amendment) Regulations 2021

• Jurisdiction: Ireland
• Citation: IR SI 37/2021

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 5th February, 2021.

I, CHARLIE MCCONALOGUE, Minister for Agriculture, Food and the Marine, in exercise of the powers conferred on me by sections 3 and 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 )) and in relation to Regulation 2(e) of these Regulations, section 3 of the European Communities Act 1972 (No. 27 of 1972), for the purpose of giving full effect to Council Regulation (EC) No. 1005/2008 of 29 September 20081 , Commission Regulation (EC) No. 1010/2009 of 22 October 20092 , Commission Regulation (EU) No. 86/2010 of 29 January 20103 , Commission Regulation (EU) No 395/2010 of 7 May 20104 , Commission Regulation (EU) No 202/2011 of 1 March 20115 , Commission Implementing Regulation (EU) No 1222/2011 of 28 November 20116 , Commission Implementing Regulation (EU) No 336/2013 of 12 April 20137 , Commission Implementing Regulation (EU) No 865/2013 of 9 September 20138 and Commission Implementing Regulation (EU) 2020/423 of 19 March 20209 , hereby make the following regulations:

Citation

1. These Regulations may be cited as the Sea-Fisheries (Illegal, Unreported and Unregulated Fishing) (Amendment) Regulations 2021.

2. The Sea-Fisheries (Illegal, Unreported and Unregulated Fishing) Regulations 2010 ( S.I. No. 554 of 2010 ) are amended—

(a) in Regulation 2, by substituting for the definition of “Commission Regulation” the following –

“‘Commission Regulation’ means Commission Regulation (EC) No. 1010/2009 of 22 October 2009 as amended by Commission Regulation (EU) No 86/2010 of 29 January 2010, Commission Regulation (EU) No 395/2010 of 7 May 2010, Commission Regulation (EU) No 202/2011 of 1 March 2011, Commission Implementing Regulation (EU) No 1222/2011 of 28 November 2011, Commission Implementing Regulation (EU) No 336/2013 of 12 April 2013, Commission Implementing Regulation (EU) No 865/2013 of 9 September 2013 and Commission Implementing Regulation (EU) 2020/423 of 19 March 2020;”,

(b) in Regulation 3(3)(d), by deleting the following-

(i) before “authorisation” the word “written”,

(ii) following “sea-fisheries protection officer” the words “based at the port of landing”, and

(iii) clause (ii),

(c) in Regulation 4, by substituting for paragraph (1) the following:

“4. (1) A port mentioned in column (1) of the Schedule is designated for the purposes of Article 5 of the Council Regulation in respect of a sea-fishing boat with a third country status mentioned in column (2), vessel size mentioned in column (3), species mentioned in column (4), presentation mentioned in column (5) and times mentioned in column (6) of the Schedule opposite mention of that port.”,

(d) in Regulation 5, by inserting after paragraph (3) the following paragraph:

“(3A) A person shall not contravene Article 3(5) of the Commission Regulation by failing in relation to a sea-fishing boat to which that provision applies, to submit a pre-landing or pre-transhipment declaration at least 4 hours before the intended landing or transhipment.”,

(e) in Regulation 6, by substituting for paragraph (3) the following paragraph:

“(3) A function conferred on the Sea-Fisheries Protection Authority by paragraph (1), so far as it relates to the import of a fishery product may be exercised by an authorized officer (within the meaning of...