S.I. No. 446/2018 - Sea-Fisheries (Community Control System) (Amendment) (No. 2) Regulations 2018

1. These Regulations may be cited as the Sea-Fisheries (Community Control System) (Amendment) (No. 2) Regulations 2018.

2. The Sea-Fisheries (Community Control System) Regulations 2016 (

S.I. No. 54 of 2016

) is amended

(

a

) In Regulation 2(1) by deleting the definition of “Cod Regulation” (as inserted by Regulation 2 of the Sea-Fisheries (Community Control System) (Amendment) Regulations 2017 (

S.I. No. 78 of 2017

)),

(

b

) In Regulation 2(2) by deleting “the Cod Regulation,” in both places where it occurs, and

(

c

) substituting the following for the Schedule (as inserted by the Sea-Fisheries (Community Control System) (Amendment) Regulations 2018 (

S.I. No. 155 of 2018

))

“

Regulation 9

SCHEDULE

List of designated ports in the State for the purposes of Article 43(4) of the Council Regulation, Article 79 of the Commission Regulation and Article 9 of the Hake Regulation.

Designated Ports — Ireland

Hake

greater than 2 tonnes

Pelagic SpeciesIncluding Blue Whiting

Greater than 10 tonnes

Deep Sea Species

greater than 100kg

Blue Fin Tuna

(BFT)

Designated PortsCommunity Fishing Vessels

All ICES Zones

All ICES Zones

All ICES Zones

Port

An Daingean

YES

YES

YES

YES

Ballycotton

YES

Baltimore

YES

YES

YES

Castletownbere

YES

YES

YES

YES

Clogherhead

YES

YES

Dunmore East

YES

YES

YES

Fenit

YES

Galway

YES

Greencastle

YES

YES

Howth

YES

YES

YES

Killybegs

YES

YES

YES

YES

Kilmore Quay

YES

Kinsale

YES

Port of Cork

YES

YES

Rathmullan

YES

Renard

YES

Ros a Mhil

YES

YES

YES

YES

Schull

YES

Union Hall

YES

YES

YES

”.

GIVEN under my Official Seal,

24 October 2018.

MICHAEL CREED,

Minister for Agriculture, Food and the Marine.

EXPLANATORY NOTE

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

These Regulations provide for the removal of designated ports for landings of Cod greater than 2 tonnes given the repeal of Council Regulation (EC) No 1342/2008 of 18 December 2008 which established a long-term plan for cod stocks and the fisheries exploiting those stocks and repealing Regulation (EC) No. 423/2004.

These Regulations remove Duncannon Port as a designated port for landings of Herring greater than 10 tonnes as it is not used for this purpose.

These Regulations also designate the Port of Cork for landings of by catches of Blue Fin Tuna.

1 OJ L 150, 30.4.2004, p. 1

2 OJ L 343, 22.12.2009, p. 1

3 OJ L 354, 28.12.2013, p. 1

4 OJ L 354, 28.12.2013, p.86

5 OJ L 149, 20.5.2014, p. 1

6 OJ L 133, 29.5.2015, p.1

7 OJ L 112, 30.4.2011, p.1

8 OJ L 287, 31.10.2015, p. 6

9 OJ L 179, 16.7.2018, p. 1–13

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

2

nd November

, 2018.

I, MICHAEL CREED, Minister for Agriculture, Food and the Marine, in exercise of the powers conferred on me by

sections 3

and

14

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, Fisheries and Food (Alteration of Name of Department and Title of Minister) Order 2011 (

S.I. No. 455 of 2011

)), for the purpose of giving full effect to Council Regulation (EC) No 811/2004 of 21 April 2004

1

(as amended by Council Regulation (EC) No 1224/2009 of 20 November 2009

2

), Council Regulation (EC) No 1224/2009 of 20 November 2009 (as amended by Regulation (EU) No 1379/2013 of the European Parliament and of the Council of 11 December 2013

3

, Council Regulation (EU) No 1385/2013 of 17 December 2013

4

, Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014

5

and Regulation (EU) No 2015/812 of the European Parliament and of the Council of 20 May 2015

6

), Commission Implementing Regulation (EU) No 404/2011 of 8 April 2011

7

(other than Title VII) (as amended by Commission Implementing Regulation (EU) 2015/1962 of 28 October 2015

8

) and Regulation (EU) 2018/973 of the European Parliament and of the Council of 4 July 2018

9

, hereby make the following regulations