S.I. No. 672/2006 - Wild Salmon and Sea Trout Tagging Scheme (No. 2) Regulations 2006

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)

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

You are required by law to return all logbooks and all unused carcass tags to your local regional fisheries board or the fisheries board in whose region you licence was purchased. Logbooks and unused tags may be returned by post (a business reply envelope is provided) or in person. Logbooks and unused tags

Fishing and Catch Record

Date (dd/mm/ yy)

River/ Lake/ Beat

Count y

Species (tick box)

Weight lbs/kgs (delete as appropriat e)

Lure

Tag Code and Number (enter R if fish released )

For official use only

1.

Salmon

Sea Trout

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. TD ______________ 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 Removals 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(3)

Fishery district

Rivers

Maximum number of wild salmon or sea trout that may be taken by commercial fishing engines and Rod and Line

(1)

(2)

(3)

Waterford

Black Water

265

Lismore

Blackwater (Munster)

4,463

Cork

Owennacurra

461

Lower Lee (Martin, Shornach, Bride)

1,614

Bandon

1,453

Ilen

502

Mealagh

63

Coomhola

277

Kerry

Roughty

577

Blackwater (Kerry)

236

Sneem

84

Waterville

672

Caragh

751

Laune

7,170

Owenmore R.

109

Limerick

Feale

4,688

Mulkear

1,349

Galway

Corrib

375

Connemara

Cashla

300

Screebe

263

Ballynahinch

623

Ballinakill

Erriff

1,621

Bundorragha

438

Common estuary

1

1,648

Owenglin (Clifden)

257

Dawros

271

Bangor

Burrishoole

494

Owenduff (Glenamong)

1,251

Owenmore R.

3,113

Common estuary

2

3,233

Ballina

Moy

20,267

Easkey

752

Sligo

Ballysadare

848

Drumcliff

112

Ballyshannon

Duff

478

Drowes

2,768

Eany

950

Glen

336

Letterkenny

Owenea

2,105

Gweebarra

606

Clady

58

Tullaghobegly

147

Crana

431

Dundalk

Castletown

42

Fane

223

GIVEN under my hand,

20

th

12

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 among other things, for the quotas of fish that can be harvested by commercial fishing engines and rod and line from those rivers identified in schedule 8 as having a surplus above the conservation limit.

1

If draft netting in the common estuary is allowed the quotas for the Erriff and Bundorragha have to be fixed forthe common estuary and this quota is lower than a combination of the two individual river quotas because it is amixed stock fishery and the lower amount is necessary to ensure meeting the 75% target.

2

If draft netting in the common estuary is allowed the quotas for the Owenduff and Owenmore have to be fixedfor the common estuary and this quota is lower than a combination of the two individual river quotas because itis a mixed stock fishery and the lower amount is necessary to ensure meeting the 75% target.

7. 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 draft net licence holder, allow that person to fish on one of the last 4 Mondays in July,

(b) 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 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) Where the holder of a fishing licence has taken the number of fish referred to in the quota applicable to the commercial licence under Regulation 6(1) from waters in a river, he or she shall not fish for any further wild salmon or sea trout in that river.

(2) 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.

(3) 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.

(4) A person shall not affix a tag to any fish which is not a wild salmon or sea trout.

(5) 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.

(6) 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.

(7) 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.

(8) 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 (7).

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 log cards

12. (1) The Chief Executive Officer of a regional board may require distributors in its fishery region to issue a fish capture card together with each gill tag issued to the holder of a salmon rod ordinary licence.

(2) The holder of the salmon rod licence shall enter details (river, date, number of fish killed and rod and line licence number) of any fish captured and killed on a fish capture card and post the card to the regional board concerned specified on the card.

(3) The Chief Executive Officer of a regional board may require a holder of salmon rod ordinary licence fishing in a fishery district of the fisheries region of that board to give details of the number of fish caught, date of catch, and the river from which they were taken together with his or her licence number as by means of a telephone number provided by or on behalf or the Chief Executive Officer to the holder.

(4) A telephone number under paragraph (3) may be provided by publishing the number and the details to be given in a notice given to the licence holder, prominently displayed in the fishery district concerned or published in a newspaper published in and circulating in the fisheries region of the regional board concerned.

(4) In this Regulation “fish capture card” means a card issued by and addressed to the relevant regional board (whether pre-paid or not) under paragraph (1).

Issue of logbooks

13. (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.

Obligation on logbook holders to have logbooks whilst fishing

14. 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

15 (1) Where a wild salmon or sea trout is captured, or captured and released alive to the waters in which it is taken, by the holder of a salmon rod ordinary licence, the holder shall make an entry of the event in his or her salmon and sea trout angler's logbook immediately upon the capture or the capture and release of the fish.

(2) 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, or

(b) in a salmon and sea trout angler's 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,

(3) 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, the holder of the logbook shall enter into it the name and address of the purchaser of the fish.

Surrender of completed logbooks and unused tags to Chief Executive Officers

16. (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, at the principal offices of the board, not later than 21 August of the year to which they relate, 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 the Chief Executive Officer of the regional board, which issued the licence to which the logbook relates, at the principal offices of the board, not later than 19 October of the year to which they relate, 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 concerned shall obtain a certificate or other proof of posting and retain it for 12 months.

Reporting lost or destroyed logbooks

17. 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

18. (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 issues 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

19. 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

20. (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

21. It is 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 10.

Revocation and saver.

22. (1) The Wild Salmon and Sea Trout Tagging Scheme Regulations 2006 (

S.I. No. 208 of 2006

) are revoked.

SCHEDULE 1

Regulations 2

and

3

Physical description of the gill tag

STATUTORY INSTRUMENTS

S.I. No. 672 of 2006

WILD SALMON AND SEA TROUT TAGGING SCHEME (No. 2) REGULATIONS 2006.

S.I No. 672 of 2006

Wild Salmon and Sea Trout Tagging Scheme Regulations (No. 2) 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 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 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

) (as adapted by the (Marine Delegation of Ministerial Functions) (No. 4) Order 2006 (

S.I. No. 543 of 2006

)), and having complied with the requirements of Regulation 31 of the European Communities (Natural Habitats) Regulations 1997 (

S.I. No. 94 of 1997

), hereby make the following regulations

Citation