S.I. No. 483/2006 - National Salmon Commission and Standing Scientific Committee (Terms Of Reference and Procedure) Order 2006

1. The Committee shall carry out an appropriate assessment of salmon stocks in accordance with Regulation 31 of the Regulations of 1997.

The appropriate assessment using internationally accepted best scientific practice should demonstrate whether conservation limits are being or likely to be attained or otherwise -

(a) in special areas of conservation designated under Regulation 9 of the Regulations of 1997, and

(b) on an individual river basis or on a fishery district basis in areas other than special areas of conservation.

The appropriate assessment for special areas of conservation and for all fishery districts shall take account of the interceptory effects on mixed salmon stocks including the potential effects on freshwater salmon in other jurisdictions.

2. In cases where stocks are determined to be below the conservation limits the Committee shall advise the level to which catches should be reduced or other measures adopted on a fishery basis or district basis in order to ensure a high degree of probability of meeting the conservation limits.

3. In cases of identified small scale artisanal fisheries, which may impact on stocks that are below the conservation limits, the Committee shall advise on the impact such a fishery has and in what circumstances, if any, it may be allowed to continue.

4. For the purpose of advising the Commission, the Committee shall develop age specific conservation limits where possible on individual river stocks and estimate the overall abundance of salmon returning to rivers in the State.

5. The Committee shall provide the Commission with a report, which contains the following information

(a) an annual overview of salmon catches by district and region and an estimate of the number of “catch and release” salmon,

(b) catch advice with an assessment of risks associated with the objective of meeting conservation limits in all rivers,

(c) an evaluation of the effects on stocks and homewater fisheries of significant management measures introduced in certain periods, and

(d) advice on significant developments, which might assist the Commission in advising the Minister on methods he or she might adopt for the management of salmon stocks.

GIVEN under my hand,

18

th

September 2006.

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 revised terms of reference and procedures for the National Salmon Commission and its Standing Scientific Committee.

6. To consider in relation to the making of any recommendations the following points

(a) best practice internationally,

(b) technical rules such as net size, lure type, etc.,

(c) enforcement measures,

(d) catchment management,

(e) single stock management,

(f) adjustments to fishing seasons,

(g) compensatory measures, including detailed costings and details of how they are to be resourced,

(h) obligations of the Minister under Regulation 31 of the Regulations of 1997,

(i) how the private sector may best contribute to the promotion of effective management, development, sustainable exploitation and conservation of wild stocks of salmon, and

(j) a timeframe within which the Commission considers specific recommendations should be implemented.

7. To have regard to the fact that any recommendations concerning compensatory measures must be predicted on the basis that the Minister will not contribute to any funding that may be required for any measures that may be recommended unless a public good is identified, justified and quantified.

Schedule 2

Article 4

Terms of Reference of Committee

S.I. No. 483 of 2006

National Salmon Commission and Standing Scientific Committee (Terms of Reference and Procedure) Order 2006

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 55D (inserted by section 22(1) of the

Fisheries (Amendment) Act 1999

(No. 35 of 1999)) of the

Fisheries Act 1980

(No. 1 of 1980) (as adapted by the Marine and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2002 (

S.I. No. 307 of 2002

)), and the Marine (Delegation of Ministerial Functions) Order 2006 (

S.I. No. 82 of 2006

), hereby order as follows