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S.I. No. 136/2004 - Wild Salmon and Sea Trout Tagging Scheme Regulations 2004
Table of Provisions (21)
Statutory Text (21 Articles)
1. The tail tag shall be made of plastic and bear a locking device.
2. The tail tag shall be a cable tie type tag with flag to allow printed details.
3. The tail tag shall be a minimum of 19 centimetres in length.
4. The tail tag shall be attached around the tail of the fish, one end shall be passed through the locking device and pulled until the tag is securely in place.
5. The tail tag shall be capable of locking or sealing ensuring that the tag is not capable of being opened except by breaking the lock or tag.
6. The tail tag is not reusable.
Colours, Codes and Numbers for Tail Tags
Colours
Yellow
Country code
I = Ireland
Fisheries Region code
E
=
Eastern Region
S
=
Southern Region
SW
=
South Western Region
SH
=
Shannon Region
W
=
Western Region
NW
=
North Western Region
N
=
Northern Region
Year code
The year code shall be the last two digits of the year.
Security code
A two digit security code shall be added to the tags.
Number
Numbers shall be from 1 to the expected maximum allocation.
For example, an imported fish recorded in the Northern Region in the year 2002 should be identifiable from its tag as follows
Tag colour yellow, code IN02XX and number between 1 and the maximum
Other optional details
The words “Fisheries Boards” and a bar code may be printed on the tag.
SCHEDULE 3
Regulation 2.
Regional Fisheries Boards
Salmon and Sea Trout Commercial Fishing Logbook
Issuing Board: ____________________________________________________________
Log Book Number: ________________________________________________________
Year: ___________________________________________________________________
Details of Commercial Licence Holder
Licence Holder
Surname: ________________________________________________________________
Given Names: ____________________________________________________________
Address: ________________________________________________________________
_______________________________________________________________________
Licence holder’s nominee
Surname: ________________________________________________________________
Given Names: ____________________________________________________________
Address: ________________________________________________________________
_______________________________________________________________________
Licensed fishing method: _____________________________________________________
District to be fished as per licence: _____________________________________________
Identification number of licence: _______________________________________________
Type of fishing vessel and registration number: ____________________________________
Record of Gill Tags Issues
Date of Issue
Number of tags issued
Codes and numbers of issued tags
Issuing officer’s name & initials
Record of Gill Tags Lost
*
See note
Date of declaration
Number of lost tags
Codes and numbers of lost tags
Certifying officer’s name & initials
* Gill tags which are lost or accidentally destroyed, may be replaced by the Chief Executive Officer of the regional board where he or she has been informed immediately of the loss or destruction and is satisfied that the tags are so lost or destroyed.
Record of Gill Tags Returned
Date of declaration
Number of returned tags
Codes and numbers of returned tags
Certifying officer’s name & initials
Daily Fishing Effort and Catch Record
Date:_________________(dd/mm/yy)
Time commenced fishing
Time completed fishing
Number of salmon captured and tagged
Number of sea trout captured and tagged
Port/Pier at which fish landed
AM/PM
*
AM/PM
*
* Please delete AM or PM as appropriate or use the 24 hour clock.
Certified Correct: ____________________________________________________________
(licence holder or nominee signature)
Daily Disposal of Captured Fish
Date of disposal (dd/mm/yy)
Name & address of salmon dealer/hotel/guest house/ restaurant/other purchaser or domestic consumption
Number of fish
Salmon
Sea trout
Certified Correct: ____________________________________________________________
(Licence holder or nominee signature)
SCHEDULE 4
Regulation 2.
Central Fisheries Board and Regional Fisheries Boards
Salmon and Sea Trout Angler’s Logbook
Year: _________
(Details of salmon rod ordinary licence to be entered here)
Record of Gill Tags
Date (dd/mm/yy)
Issued (give quantity)
Lost (give quantity)
Returned (give quantity)
Tag Codes and Numbers (give first and last in sequence)
Authorised Agent
Authorised Agent Signature
Fishing and Catch Record
Date (dd/mm/yy)
River/ Lake/ Beat
County
Species (tick box)
Weight lbs/kgs (delete as appropriate)
Lure
Tag Code and Number (enter R if fish released)
For official use only
Salmon
Sea Trout
1.
2.
etc.
Please record lure using the following codes: Fly (F), Spinner (S), Worm (W), Prawn/Shrimp (P), Other (O).
Certified correct: __________________________________________________________
(Licence holder’s signature)
Total days fished (including those when no fish were caught)__________________________
SCHEDULE 5
Regulation 2.
Gill Tags Issues Register
Serial No. TG________________to TG ________________________
Year _____________________________________________________
Fisheries region _____________________________________________
Issuing regional board or authorised agent: _______________________________________
Agent Code ______________________________________________________________
Date
Licence number (please include letter prefix)
Name of licence holder
Number of gill tags issued
Codes and numbers of gill tags (give first and last in sequence)
Name of issuer (initials will suffice)
SCHEDULE 6
Regulation 2.
Imported Wild Salmon and Sea Trout Dealer’s Record Book
Serial No. TG______________to _____________________
Year ________________________________________________
Dealer Licence Number: ____________________________________________________
Dealer Name: ____________________________________________________________
Dealer Address:___________________________________________________________
Date of Import
Time of Import
Supplier
Number of fish notified to regional board
Number of fish imported and tagged
Codes and numbers of tail tags affixed to fish
SCHEDULE 7
Regulation 2.
Gill and Tail Tag Removal Register
Serial No. TR____________________to _________________
Year ________________________________________________
Dealer Licence Number: ____________________________________________________
Dealer Name: ____________________________________________________________
Dealer Address:___________________________________________________________
Date of Tag Removal
Tag Code and Number
Tag Colour
Species (if sea trout please tick box)
SCHEDULE 8
Regulation 6(2).
Fishery district
Maximum number of wild salmon or sea trout that may be taken by commercial fishing engines
(1)
(2)
Dublin
542
Wexford
1,933
Waterford
12,113
Lismore
9,303
Cork
22,425
Kerry
27,644
Limerick
12,145
Galway
4,115
Connemara
2,877
Ballinakill
6,436
Bangor
5,768
Ballina
21,797
Sligo
4,964
Ballyshannon
9,620
Letterkenny
16,272
Dundalk
1,202
Drogheda
2,795
GIVEN under my hand, 7th April, 2004.
JOHN BROWNE,
Minister of State at the Department of Communications, Marine and Natural Resources.
EXPLANATORY NOTE.
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These regulations provide for a scheme of carcass tagging for wild salmon and sea trout taken by the holders of salmon fishing licences or imported into the State by salmon dealers and for quotas in each of the 17 fishery districts for the taking of wild salmon and sea trout by commercial fishing engines.
7. (1) Where a person being the holder of a salmon rod ordinary licence has used all of the gill tags issued to him or her under Regulation 4, he or she shall cease to fish for wild salmon or sea trout until he or she has been issued with additional gill tags under Regulation 4 subject to the Conservation of Salmon and Sea Trout Byelaw No. 786, 2002.
(2) Where a person being the holder of a commercial fishing licence, captures more fish than he or she has tags in his or her possession, he or she shall cease to fish, and any wild salmon or sea trout taken by him or her before so ceasing shall, if alive and uninjured, be returned immediately to the water. Where the fish cannot be so returned he or she must report this before removing the untagged fish from the boat on which they were caught to the relevant board and surrender the fish to that board on landing. Where the person does not surrender the fish to the regional board, the board may take them.
Safety days
8. Where a Chief Executive Officer of a regional board is satisfied that, because of bad weather, it was unsuitable on a particular day (other than a day permitted under this regulation) for a person to use a particular kind of fishing engine which may be lawfully used by that person on that day in a fishery district of the regional board for which he or she is the Chief Executive Officer, he or she may upon receipt of a formal application from that person—
(
a
) in the case of a drift net licence holder, allow that person to fish on one of the last 4 Fridays in July,
(
b
) in the case of a draft net licence holder, allow that person to fish on one of the last 4 Mondays in July,
(
c
) in the case of a snap net licence holder, allow that person to fish on any 2 Mondays in the period between 12 May and 11 June,
and that day shall be construed as a day on which the Salmon and Trout Conservation Bye-law No. 794, 2004 shall operate to permit the use of that kind of fishing engine by that person in that fishery district on that day in accordance with that Bye-law and the Bye-law so construed shall operate accordingly.
Matters relating to Chief Executive Officers
9. The Chief Executive Officer of a regional board may perform any of his or her functions under these Regulations through or by any of the board’s officers or employees or any other person duly authorised by the board in that behalf.
Prohibitions
10 (1) The holder of a salmon rod ordinary licence shall not fish for wild salmon or sea trout if he or she is not in possession of gill tags or he or she has used all gill tags issued to him or her under Regulation 4.
(2) The holder of a commercial fishing licence shall not fish for wild salmon or sea trout in a fishery district where he or she has taken the number of fish referred to in the quota applicable to the licence under Regulation 6(1) from waters in the district.
(3) A person shall not remove a tag that is affixed to a wild salmon or sea trout in accordance with these Regulations except at the time the salmon or sea trout is processed.
(4) A person shall not affix, or have affixed, a tag other than a tag which has been issued to him or her by the Central Board, a regional board or an authorised agent under these Regulations, to any wild salmon or sea trout.
(5) A person shall not affix a tag to any fish which is not a wild salmon or sea trout.
(6) A person shall not sell, offer to sell, display, import, export or tranship any wild salmon or sea trout which has not a tag affixed to it in accordance with these Regulations.
(7) A person shall not have in his or her possession any untagged wild salmon or sea trout which he or she knows, or in the circumstances ought to know, should have a tag affixed to it in accordance with these Regulations.
(8) A person shall not—
(
a
) affix, or have affixed, a tag to a farmed salmon or sea trout, or
(
b
) have in his or her possession, sell, offer to sell, display, import, export or tranship any tagged farmed salmon or sea trout which he or she knows, or in the circumstances ought to know, should not have a tag affixed to it.
(9) A person shall not have in his or her possession any wild salmon or sea trout which he or she knows, or in the circumstances ought to know, was taken in contravention of paragraph (8).
Dealers
11. (1) A dealer who removes a tag from a wild salmon or sea trout at the time of processing shall retain the tag together with the record of the purchase of the fish, shall complete the tag removals register in respect of such tag and such fish and shall deliver all such tags, records and registers to the relevant board on the first Tuesday in December of each year and on any other day that may be specified from time to time by the board.
(2) A dealer who imports a wild salmon or sea trout into the State shall—
(
a
) notify the relevant board before the fish is imported,
(
b
) affix to such fish, within a period which may be specified from time to time by the board, a tail tag issued to him or her under these Regulations by the board by firmly fastening the tag to and securely locking it on the fish as indicated in Schedule 2 so that it cannot be removed without tampering with the lock, breaking or cutting the tag or without cutting or tearing any part of the fish, and
(
c
) complete the dealer’s record book in respect of such fish in particular by entering a record of the code and number of the tail tag which he or she affixes to the fish.
(3) Any tail tag held by a dealer which is lost or accidentally destroyed, may be replaced by the relevant board where the board has been informed immediately of the loss or destruction and is satisfied that the tag is so lost or destroyed.
Issue of logbooks
12. (1) The relevant board shall issue a salmon and sea trout commercial fishing logbook to the holder of a commercial fishing licence.
(2) A salmon and sea trout angler’s logbook shall be issued by the Central Fisheries Board, the relevant board or an authorised agent to the holder of a salmon rod ordinary licence.
(3) A logbook shall relate to one fishing licence only.
(4) The holder of a logbook shall complete the logbook in respect of wild salmon and sea trout captured by him or her.
Obligation on logbook holders to have logbooks whilst fishing
13. The holder of a logbook shall have the logbook in his or her possession when fishing for wild salmon or sea trout under the fishing licence to which the logbook relates.
Entries into logbooks
14. (1) Where an event has occurred in respect of which it is appropriate to make an entry—
(
a
) in a salmon and sea trout commercial fishing logbook, the holder of the logbook shall make an entry before midnight on the day the event occurred,
(
b
) in a salmon and sea trout anglers logbook, the holder of the logbook shall make the entry pertaining to that event immediately on securing and affixing the tag to the captured fish.
(2) Without prejudice to the generality of paragraph (1), where a wild salmon or a sea trout is sold by or on behalf of the holder of a salmon and sea trout commercial fishing logbook he or she shall enter into the logbook the name and address of the purchaser of the fish.
Surrender of completed logbooks and unused tags to Chief Executive Officers
15. (1) The holder of a salmon and sea trout commercial fishing logbook shall deliver the logbook completed in accordance with these Regulations together with all unused tags issued to him or her under these Regulations to the Chief Executive Officer of the regional board which issued the licence to which the logbook relates within a period of 7 days commencing on the day after the last day of the relevant fishing season in the manner set out in the logbook.
(2) The holder of a salmon and sea trout angler’s logbook shall deliver the logbook completed in accordance with these Regulations together with all unused tags issued to him or her under these Regulations to—
(
a
) the Chief Executive Officer of the regional board which issued the licence to which the logbook relates, or
(
b
) the Chief Executive Officer of the regional board in the fisheries region of which he or she resides,
within a period of 7 days commencing on the day after the last day—
(i) on which the licence was in force, or
(ii) of the relevant fishing season,
whichever is the earlier, in the manner set out in the logbook.
(3) Where delivery for the purposes of paragraph (2) is by post, the holder of the salmon and sea trout angler’s logbook shall obtain a certificate or other proof of posting and shall retain such proof for 12 months.
Reporting lost or destroyed logbooks
16. The holder of a logbook shall report any lost or accidentally destroyed logbook, as soon as possible, to the regional board which issued the fishing licence to which the logbook relates and the logbook may be replaced by the person who issued it on presentation to that person of a signed declaration made before an authorised officer who is satisfied that the logbook is so lost or destroyed.
Authorised distributors of gill tags and logbooks
17. (1) A person who has possession of gill tags and logbooks for issue to the holder of a fishing licence shall—
(
a
) keep them in a secure place,
(
b
) enter the code and number of any gill tag being issued to a person in the logbook held by, or being issued to, that person,
(
c
) keep and maintain a gill tags issues register to record, in particular, the code and number of any gill tag which he or she issues and the serial number of the logbook in which he or she has entered the said code and number in accordance with paragraph (
b
),
(
d
) enter a record in the gill tags issues register of the code and number of any gill tag (the first and last numbers of a series will suffice) issued to any person and the serial number of the logbook in which he or she has entered the said code and number in accordance with paragraph (
b
), and
(
e
) return all gill tags held in stock to the regional board which issued them no later than 31 October each year or such other day as may be specified from time to time by the board.
(2) Information kept in a gill tags register by a person referred to in paragraph (1) may also be kept by the person by means of any mechanical or electronic device, whether or not stored, maintained or preserved in a legible form.
(3) An authorised officer may request a person referred to in paragraph (1) to produce for examination by the officer the gill tags issues register kept and maintained by the person or any extract of it or any gill tags or logbooks in his or her possession.
Non-application to certain matters
18. These Regulations do not apply to—
(
a
) anything done in accordance with section 14 (inserted by
section 4
of the
Fisheries (Amendment) Act 1962
(No. 31 of 1962)) of the Principal Act, or
(
b
) any wild salmon or sea trout lawfully caught and retained by the Central Board, a regional board, the Marine Institute or the Electricity Supply Board other than where it decides to tag any wild salmon or sea trout caught and retained by it, in accordance with these Regulations.
Persons engaged in catering
19. (1) A person, other than a dealer, who removes a tag in accordance with these Regulations that is affixed to a wild salmon or sea trout which he or she has lawfully purchased shall retain the tag together with a record of the date of the purchase of the fish, a record of the date of the removal of the tag and if applicable the statement of the fisherman obtained under section 163A(2)(
b
) (inserted by section 20 of the Act of 1994) of the Principal Act for a period of 3 months and shall surrender to an authorised officer all such tags and records in his or her possession when requested by the officer to do so.
(2) This Regulation does not apply to any wild salmon or sea trout which is purchased
bona fide
by or on behalf of a person for use by the person in his or her own home.
Consequential disqualification orders
20. It is hereby declared that section 90(3) (inserted by section 51 of the Act of 1980, and as amended by section 4 of the Act of 2000) of the Principal Act applies to the offences under section 24(6) (inserted by
section 3
(
a
)(i) of the Act of 2000) of the
Fisheries (Amendment) Act 1999
(No. 35 of 1999) in respect of a failure to comply with Regulation 3 or a contravention of Regulation 9.
Application and revocation
21. (1) Any tag, logbook or document issued under the Wild Salmon and Sea Trout Tagging Scheme Regulations 2003 (
S.I. No. 174 of 2003
), shall be deemed to have been in operation on the date the tag, logbook or document concerned was so issued.
(2) The Wild Salmon and Sea Trout Tagging Scheme Regulations 2003 (
S.I. No. 174 of 2003
) are revoked.
SCHEDULE 1
Regulations 2 and 3.
Physical description of the gill tag
I, JOHN BROWNE, Minister of State at the Department of Communications, Marine and Natural Resources, in exercise of the powers conferred on me by section 24 (as amended by
section 3
(
a
) of the
Fisheries (Amendment) Act 2000
(No. 34 of 2000)) of the
Fisheries (Amendment) Act 1999
(No. 35 of 1999), after consultation with the National Salmon Commission, and section 90(3)(
a
)(v) (inserted by
section 4
of the
Fisheries (Amendment) Act 2000
) of the
Fisheries (Consolidation) Act 1959
(No. 14 of 1959), the Fisheries (Transfer of Departmental Administration and Ministerial Functions) Order 1977 (
S.I. No. 30 of 1977
) (as adapted by the Marine (Alteration of Name of Department and Title of Minister) Order 2002 (
S.I. No. 307 of 2002
)) and the Communications, Marine and Natural Resources (Delegation of Ministerial Functions) Order 2002 (
S.I. No. 374 of 2002
), hereby make the following regulations
Citation