S.I. No. 554/2009 - Mussel Seed (Prohibition On Fishing) (No. 3) Regulations 2009

1. These Regulations may be cited as the Mussel Seed (Prohibition on Fishing) (No. 3) Regulations 2009 and come into operation on 23 December 2009.

2. In these Regulations “mussel seed” means mussels (

mytilus edulis

) whether alive or dead and includes any part of a mussel and the shell, or any part of the shell, of a mussel seed and which are not intended for direct human consumption.

3. (1) A person shall not fish for or attempt to fish for mussel seed or cause or permit another person to fish for or attempt to fish for mussel seed within the exclusive fishery limits of the State.

(2) A person shall not buy, handle, weigh, tranship, transport, land, process, store or sell mussel seed that has been caught or harvested in contravention of paragraph (1).

4. (1) These Regulations cease to apply to the Moville Area (within the meaning of the

Foyle Fisheries Act 1952

) and the Louth Area (within the meaning of

section 31

of the

British-Irish Agreement Act 1999

), or a part thereof, if, and to the extent that, an activity mentioned in Regulation 3 is subject to Regulations under

section 13

of the

Foyle Fisheries Act 1952

.

(2) These Regulations are in addition to and not in substitution for the European Communities (Control on Mussel Fishing) Regulations 2008 (

S.I. No. 347 of 2008

).

GIVEN under my hand,

22 December 2009

TONY KILLEEN,

Minister of State at the Department of Agriculture, Fisheries and Food.

EXPLANATORY MEMORANDUM

(This note is not part of the instrument and does not purport to be a legal interpretation.)

These Regulations close the mussel seed fishery.

S.I. No. 554 of 2009

MUSSEL SEED (PROHIBITION ON FISHING) (NO. 3) REGULATIONS 2009

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

5

th January

, 2010.

I, TONY KILLEEN, Minister of State at the Department of Agriculture, Fisheries and Food, in exercise of the powers conferred on me by sections 3 and 15 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 2007 (

S.I. No. 705 of 2007

)) and the Agriculture, Fisheries and Food (Delegation of Ministerial Functions) Order 2009 (

S.I. No. 189 of 2009

), hereby make the following regulations