S.I. No. 705/2011 - Wild Salmon and Sea Trout Tagging Scheme (No. 2) Regulations 2011.

1. Physical description of a tail tag

A tail tag shall be—

(

a

) yellow in colour,

(

b

) made of plastic and bear a locking device,

(

c

) a cable tie type tag with flag to allow printed details, and

(

d

) a minimum of 19 centimetres in length with printed details as specified below.

2. IFI Code

IFI = Inland Fisheries Ireland

3. River Basin District Codes

E = Eastern River Basin District

SE = South Eastern River Basin District

SW = South Western River Basin District

SH = Shannon River Basin District

W = Western River Basin District

NW = North Western River Basin District

4. Year code

The year code shall be the last two digits of the year.

5. Security code

A two digit security code shall be added to the tags.

6. Number

Numbers shall be from 1 to the expected maximum allocation.

7. Other optional details

The words “Inland Fisheries Ireland” and/or bar code may be printed on the tag.

Example

For example, an imported fish to the Western River Basin recorded in the year 2012 should be identifiable from its tag as follows

Tag colour yellow, code “Inland Fisheries Ireland IFIW12XX” and number between 1 and the maximum.

Regulation 20(2)(c).

Schedule 9

Dealer’s Record Book

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 IFI

Number of fish imported and tagged

Codes and numbers of tail tags affixed to fish

GIVEN under my hand,

16 December 2011.

FERGUS O’DOWD,

Minister of State at the Department of Communications, Energy 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, the quotas of fish that can be harvested by commercial fishing engines and rod and line from those rivers identified in Schedule 2. The Regulations also provide for the use of brown tags in specified rivers which are identified in Schedule 4.

1 In the event that draft net fishing takes place in the common estuary, the combined total allowable catch of the rivers Caragh, Laune and Maine contributing to the fishery is reduced to reflect the higher risk associated with meeting the individual river conservation limits simultaneously.

2 In the event that draft net fishing takes place in the common estuary, the combined total allowable catch of the rivers Erriff and Bundorragha contributing to the fishery is reduced to reflect the higher risk associated with meeting the individual river conservation limits simultaneously.

3 In the event that draft net fishing takes place in the common estuary, the combined total allowable catch of the rivers Owenduff and Owenmore contributing to the fishery is reduced to reflect the higher risk associated with meeting the individual river conservation limits simultaneously

8. (1) Subject to this Regulation, the CEO or such person or persons nominated by him or her shall issue to distributors brown tags based on estimated demand in any one month for a river mentioned in column (2) of Schedule 4 opposite mention in column (1) of that Schedule of a fishery district.

(2) The total number of brown tags that may be issued to distributors in respect of a river shall not exceed the total allowable catch for the river.

(3) The CEO or such person or persons nominated by him or her shall not issue to distributors more than 25 per cent of the total number of brown tags available for any river at any one time, except where due to seasonal variations he or she considers it appropriate to do so.

(4) The CEO or such person or persons nominated by him or her shall ensure that brown tags are issued to distributors sequentially and for specified periods for issue to licence holders in relation to each river in a fishing district.

(5) The CEO or such person or persons nominated by him or her may require distributors to return unused tags at the end of the period for which they were issued before issuing a distributor with a further allocation of brown tags.

Fishery district committees

9. (1) There continues in being in relation to each fishery district a committee (“fishery district committee”) to be known as “The

Fishery District Committee” (the name of the fishery district being inserted) and each committee shall perform as regards the fishery district in relation to which it is established the functions assigned to a fishery district committee by these Regulations.

(2) A fishery district committee shall consist of—

(

a

) such persons as the CEO of IFI or such other Officer of IFI nominated by the CEO considers appropriate and who are representative of commercial fishermen, salmon rod anglers and rated occupiers in the fishery district of the committee and who in total number not more than 8, and

(

b

) a representative of An Bord Iascaigh Mhara nominated by it,

appointed annually for a period of 12 months by IFI.

Total allowable catch — fishing licences

10. (1) Subject to paragraph (2), the CEO or such person or persons nominated by him or her, after consultation with the fishery district committee concerned, shall decide the allocation of the total allowable catch applicable to a river between the holders of commercial fishing licences and rod and line fishing licences, as he or she sees fit.

(2) The CEO or such person or persons nominated by him or her in deciding the allocation of a total allowable catch under paragraph (1) shall give the Minister his or her reasons for deciding the allocation.

(3) In this Regulation “total allowable catch” means the maximum number of gill tags (if any) specified in column (3) of Schedule 2 that may be issued in respect of wild salmon and sea trout which may be lawfully taken by the holders of fishing licences in a river mentioned in column (2), opposite mention of a fishery district in column (1), of Schedule 2.

Quotas — commercial fishing licences

11. (1) The CEO or such person or persons nominated by him or her shall, in accordance with paragraph (2)—

(

a

) decide the quota applicable to the holder of a commercial fishing licence in respect of a river of a fishery district referred to in Schedule 2,

(

b

) may decide to vary the quota applicable to the licence, and

(

c

) shall inform the licence holder of the quota applicable or any variation of it.

(2) The total sum of the quota decided under paragraph (1) by the CEO or such person or persons nominated by him or her for a fishery district mentioned in column (1) of Schedule 2 in respect of a river mentioned in column (2) of Schedule 2 opposite mention of the district shall not exceed the total allowable catch for the river.

(3) In accordance with a decision made under paragraph (1) the CEO or such person or persons nominated by him or her shall cause the appropriate number of commercial gill tags to be issued to the holders of commercial fishing licences in respect of the rivers concerned.

(4) Any commercial gill tag held by the holder of a commercial fishing licence, which is lost or accidentally destroyed, may be replaced by the CEO or such person or persons nominated by him or her where he or she has been informed immediately of the loss or destruction and is satisfied that the tag is so lost or destroyed.

(5) The holder of a commercial licence who has been issued with commercial gill tags under paragraph (3) must surrender—

(

a

) any tag which has not been used by him or her during the annual season for which it was issued, or

(

b

) at the request of the CEO or such person or persons nominated by him or her such number of tags contained in the request,

to an authorised officer.

(6) A request under paragraph (5)(

b

) may be made generally to holders of commercial fishing licences or individually to such a licence holder by such written means as the CEO or such person or persons nominated by him or her decides.

(7) Where the CEO or such person or persons nominated by him or her issues commercial gill tags under paragraph (3), he or she shall, within the period of 7 days from the issue of the tags, record details of the tag allocation, including information on the date of tag issue, the number of tags and tag codes issued to the holder of a commercial fishing licence and the identifying code number of the licence.

(8) In this Regulation—

“commercial gill tag” means a gill tag which is green, white or orange in colour as appropriate to the fishing engine concerned, as described in Schedule 1, to be attached in accordance with Regulation 3 to a wild salmon or sea trout lawfully caught by the commercial fishing engine;

“quota” means the maximum number of salmon and sea trout that the holder of a commercial fishing licence may catch and retain under this Regulation from a river mentioned in Schedule 2.

Cessation of commercial fishing and surrender of untagged fish where tags are exhausted

12. Where—

(

a

) a person being the holder of a commercial fishing licence, captures more fish than he or she has commercial gill tags in his or her possession, he or she must 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,

(

b

) the fish cannot be so returned he or she must report this and remove the untagged fish from the boat on which they were caught and surrender them to IFI on landing, or

(

c

) the person does not surrender the fish to an authorised officer of IFI, they may be seized.

Performance of CEO’s functions by other persons

13. The CEO may perform any of his or her functions under these Regulations through or by any of IFI’s officers or employees or any other person duly authorised by IFI in that behalf.

Log cards

14. (1) The CEO or such person or persons nominated by him or her may require distributors 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 IFI.

(3) The CEO or such person or persons nominated by him or her may require a holder of salmon rod ordinary licence fishing in a fishery district 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, electronic mail or facsimile provided by or on behalf of the CEO or such person or persons nominated by him or her to the holder.

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

(5) In this Regulation “fish capture card” means a card issued by and addressed to IFI (whether pre-paid or not) under paragraph (1).

Logbooks

15. (1) IFI 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 IFI or an authorised agent to the holder of a salmon rod ordinary licence.

(3) A logbook relates to one fishing licence only.

(4) The holder of a logbook must 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 of events into logbooks

16. (1) Where a wild salmon or sea trout is captured, or captured and released alive to the waters in which it is taken—

(

a

) by the holder of or on foot of a commercial licence, the holder of the licence shall make or cause to be made an entry of the event in the salmon and sea trout commercial logbook immediately upon the capture and tagging under these Regulations, or

(

b

) 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 and tagging under these Regulations, or the capture and release, of the fish.

(2) 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 CEO

17. (1) The holder of a salmon and sea trout commercial fishing logbook must deliver the logbook completed in accordance with Regulation 16(1)(

a

) together with all unused tags issued to him or her under Regulation 3 to the CEO or such person or persons nominated by him or her, at the principal offices of IFI, within the 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 must deliver the logbook completed in accordance with Regulation 16(1)(

b

) together with all unused tags issued to him or her under Regulations 4 and 6 to the CEO or such person or persons nominated by him or her at the principal offices of IFI, 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 should obtain a certificate or other proof of posting and retain it for 12 months.

(4) In paragraph (1) “fishing season” means the period during which commercial fishing for wild salmon or sea trout may take place.

Reporting lost or destroyed logbooks

18. The holder of a logbook must report any lost or accidentally destroyed logbook, as soon as possible, to IFI 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.

Distributors of blue and brown tags and logbooks

19. (1) A distributor who has possession of blue and brown tags and salmon and sea trout anglers’ logbooks for issue to the holder of a rod licence must—

(

a

) keep them in a secure place,

(

b

) enter the code and number of any tag being issued to a person in the logbook held by, or being issued to, that person,

(

c

) keep and maintain a tags issues register to record, in particular, the code and number of any tag which he or she issues and the serial number of the logbook in which he or she has entered the code and number in accordance with paragraph (

b

),

(

d

) enter a record in the tags issues register of the code and number of any 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 code and number in accordance with paragraph (

b

), and

(

e

) return all tags held in stock to IFI no later than 31 October each year or such other day as may be specified from time to time by IFI.

(2) Information kept in a 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 tags issues register kept and maintained by the person or any extract of it or any tags or logbooks in his or her possession.

Dealers

20. (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 the tag and the fish and shall deliver all such tags, records and registers to the relevant office of IFI on the first Tuesday in December of each year and on any other day that may be specified from time to time by IFI.

(2) A dealer who imports a wild salmon or sea trout into the State shall—

(

a

) notify IFI before the fish is imported,

(

b

) attach to the fish, within a period which may be specified from time to time by IFI, a tail tag issued to him or her under these Regulations by IFI by firmly fastening the tag to and securely locking it on the fish by attaching it around the tail of the fish with one end being passed through the locking device and pulled until the tag is securely in place 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 IFI where IFI has been informed immediately of the loss or destruction and is satisfied that the tag is so lost or destroyed.

(4) In this Regulation “processing” in relation to a wild salmon or sea trout, means—

(

a

) smoking, marinating or cooking the fish,

(

b

) in the case of a fish tagged with a gill tag, removing the viscera, and the head or tail of the fish and freezing it,

(

c

) removing the viscera and cutting any steaks, cutlets or other portions of the fish.

Persons engaged in catering

21. (1) A person, other than a dealer, who removes a tag that is attached to a wild salmon or sea trout which he or she has lawfully purchased must—

(

a

) 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

(

b

) give 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 domestic or private leisure consumption.

Prohibitions

22. (1) Where the holder of a commercial fishing licence has taken the number of fish referred to in the quota applicable to the commercial licence under Regulation 11(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 attached 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 attach, or have attached, a tag other than a tag which has been issued to him or her under these Regulations, to any wild salmon or sea trout.

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

(5) A person shall not attach to a wild salmon or sea trout a tag which has previously been attached to such a fish.

(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 attached 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 attached to it in accordance with these Regulations.

(8) A person shall not—

(

a

) attach, or have attached, 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 attached 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 from a river mentioned in Schedule 2 other than in accordance with the total allowable catch applicable to the river.

Non-application to certain matters

23. 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 IFI, 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.

Forfeiture of fishing licence and consequential disqualification order

24. It is declared that section 78(3) of the Act of 2010 applies to an offence under section 69(6) of the Act of 2010 in respect of a failure to comply with Regulation 3 or 5 or a contravention of Regulation 22.

Revocations

25. The Wild Salmon and Sea Trout Tagging Scheme (No. 2) Regulations, 2010 (

S.I. No. 665 of 2010

) and the Wild Salmon and Sea Trout Tagging Scheme Regulations 2011 (

S.I. No. 326 of 2011

) are revoked.

Regulation 3.

Schedule 1

Gill Tags — blue tags and commercial gill tags

Description of a gill tag