S.I. No. 585/2018 - Wild Salmon and Sea Trout Tagging Scheme Regulations 2018

1. IFI Code

IFI = Inland Fisheries Ireland

2. Year code

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

3. Security code

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

4. Number

Numbers shall be from 1 to the expected maximum allocation.

Example

An imported fish to the Western River Basin recorded in the year 2019 should be identifiable from its tag as follows

Tag colour yellow, code “IFI19XX” and number between 1 and the maximum.

Schedule 10

Regulation 20(3)(c)

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,

19 December 2018.

SEÁN CANNEY,

Minister of State at the Department of Communications, Climate Action and Environment.

EXPLANATORY NOTE

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

These regulations provide for, 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.

1In 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

2In 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.

5. (1) In addition to the tagging requirements set out in Regulation 3, where a person lawfully catches and retains a wild salmon or sea trout by rod and line during the period from 1 January to 30 September in any year in respect of a river mentioned in column (2) of Schedule 4 that opens on or after 1 January in that year in accordance with bye-laws, he or she shall attach to the fish in accordance with paragraph (4) a brown tag issued to him or her under Regulation 6.

(2) A brown tag to be attached to a wild salmon or sea trout under this Regulation shall—

(

a

) be brown in colour,

(

b

) be made of plastic,

(

c

) bear a locking device,

(

d

) be at least 0.5 centimetres in width and at least 18 centimetres in length,

(

e

) bear the inscription “Inland Fisheries Ireland” or “IFI”,

(

f

) bear the tag code and serial number referred to in, and in accordance with, Schedule 3, and

(

g

) bear the designated code specified in column (3), opposite mention of a fishery district in column (1), of Schedule 4 for the river concerned.

(3) A brown tag may bear a bar code.

(4) A brown tag shall, on landing a fish, be firmly fastened and securely locked to the fish by attaching it through the gill opening and mouth of the fish and double locking it around the gill cover so that—

(

a

) the tag code and serial number of the tag face outwards, and

(

b

) it cannot be removed without tampering with the lock, breaking or cutting the tag or without cutting or tearing any part of the fish.

(5) A person shall not attach to a fish a brown tag that does not comply with paragraph (2).

Distribution of brown tags to anglers

6. (1) Subject to paragraph (2), a distributor shall issue to the holder of a salmon rod ordinary licence brown tags in accordance with a notice issued under Regulation 7.

(2) The holder of a salmon rod ordinary licence shall not be issued with a number of brown tags which is greater than the number of wild salmon or sea trout which he or she may lawfully take with rod and line during the period for which the licence is in force.

(3) A distributor may replace a brown tag which has been lost or accidentally destroyed where—

(

a

) the holder of the licence to which the tag relates makes a written declaration before an authorised officer that the tag has been lost or so destroyed,

(

b

) the authorised officer before whom the declaration has been made is satisfied that the tag has been so lost or destroyed, and

(

c

) the declaration signed by the holder is presented to the distributor.

Notice to distributors relating to brown tags

7. (1) The CEO shall issue a notice to distributors in respect of the issuing of brown tags for a river mentioned in column (2) of Schedule 4 opposite mention, in column (1) of that Schedule, of a fishery district.

(2) A notice under this Regulation shall—

(

a

) specify the procedures to be followed in relation to the issuing of brown tags, the making of entries in log books in relation to brown tags, the making of entries in registers held by distributors in relation to brown, the returning of brown tags, the replacement of brown tags and the issuing, as appropriate, of second and subsequent brown tags, and

(

b

) be issued and published in such manner as the CEO decides.

Restrictions on issuing of brown tags to distributors

8. (1) Subject to this Regulation, the CEO shall issue brown tags to distributors based on estimated demand for such tags 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 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 shall ensure that brown tags in relation to each river in a fishing district are issued to distributors sequentially and for specified periods for issue to licence holders.

(5) The CEO 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).

(2) Each fishery district committee shall perform, as regards the fishery district in relation to which it is established, the functions assigned to a fishery district committee by Regulation 10(1).

(3) A fishery district committee shall consist of—

(

a

) such persons as 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, after consultation with the fishery district committee concerned, shall decide the allocation of the total allowable catch applicable to a river in a fishery district between the holders of commercial fishing licences and rod and line fishing licences, as he or she sees fit.

(2) The CEO in deciding the allocation of a total allowable catch under paragraph (1) shall provide the Minister with his or her reasons for the allocation decided.

Quotas — commercial fishing licences

11. (1) The CEO, in accordance with paragraph (2)—

(

a

) shall decide the quota applicable to the holder of a commercial fishing licence in respect of a river mentioned in column (2) of Schedule 2 opposite mention, in column (1) of that Schedule, of a fishery district,

(

b

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

(

c

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

(2) The total sum of the quota decided under paragraph (1) by the CEO in respect of a river mentioned in column (2) of Schedule 2 opposite mention, in column (1) of that Schedule, of a fishery district, shall not exceed the total allowable catch for the river.

(3) In accordance with the decision made under paragraph (1) the CEO 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 where he or she has been informed immediately of such loss or destruction and is satisfied that the tag is so lost or destroyed.

(5) The holder of a commercial fishing licence who has been issued with commercial gill tags under paragraph (3) shall 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 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 decides.

(7) Where the CEO 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 in relation to 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 commercial fishing engine concerned, as described in Regulation 3(3)(

d

)(ii), (iii) or (iv), respectively, to be attached in accordance with Regulation 3(5) to a wild salmon or sea trout lawfully caught by the 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 column (2) of Schedule 2 opposite mention, in column (1) of that Schedule, of a fishery district.

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

12. (1) Where a person, being the holder of a commercial fishing licence, captures more fish than the number of commercial gill tags that he or she has in his or her possession, he or she shall cease to fish, and any fish, in excess of the number permitted to be captured, that have been captured by him or her, to which he or she cannot attach to such a tag, before so ceasing shall, if alive and uninjured, be returned immediately to the water.

(2) Where the excess number of fish referred to in paragraph (1) cannot be returned in accordance with that paragraph, the person referred to in that paragraph shall, on landing—

(i) report this fact to IFI, and

(ii) remove the untagged fish from the boat on which they were caught and surrender them to IFI.

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 and nominated by the CEO.

Fish capture cards

14. (1) The CEO may require distributors to provide a fish capture card (in such form as the CEO decides) to the holder of a salmon rod ordinary licence together with each gill tag issued to that person.

(2) Where the holder of a salmon rod ordinary licence who has been provided with a fish capture card captures any fish at any time, the holder shall enter details of—

(

a

) the river or lake where the fish was captured,

(

b

) the date of capture of the fish,

(

c

) the number of fish captured and killed, and

(

d

) his or her rod licence number,

on the fish capture card and post or deliver that card to IFI at one of its offices mentioned in Schedule 6.

(3) The CEO may require a holder of a salmon rod ordinary licence fishing in a fishery district to provide the details referred to in paragraph (2) by telephone, electronic mail or facsimile to such number or address, as the case may be, provided by or on behalf of the CEO to the holder in accordance with paragraph (5).

(4) The holder of a salmon rod ordinary licence shall comply with a requirement made of him or her under paragraph (3).

(5) Details of the telephone number or the electronic mail or facsimile address referred to in paragraph (3), together with the information required to be provided under that paragraph, shall be set out 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 fishery district concerned.

(6) In this Regulation “fish capture card” means a card referred to in paragraph (1) which is issued by IFI and which a distributor shall provide to the holder of a salmon rod ordinary licence in accordance with paragraph (1) where required to do so by the CEO.

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 shall relate to one fishing licence only.

(4) 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.

(5) Logbooks shall be in the form set out in Schedule 5.

Entries of events into logbooks

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

(

a

) by the holder of or on foot of a commercial fishing 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 fishing 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 the name and address of the purchaser of the fish into the logbook.

Surrender of completed logbooks and unused tags to CEO

17. (1) The holder of a salmon and sea trout commercial fishing logbook shall, in the manner set out in the logbook, 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 at one of the offices of IFI set out in Schedule 6, within the period of 7 days commencing on the day after the last day of the relevant fishing season.

(2) The holder of a salmon and sea trout angler’s logbook shall, in the manner set out in the logbook, 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 at one of the offices of IFI set out in Schedule 6, not later than 19 October of the year to which they relate.

(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 from the date of posting.

(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. (1) The holder of a logbook shall report any loss or accidental destruction of the logbook, as soon as possible, to the IFI at an office referred to in Schedule 6 and the logbook may be replaced by the CEO on presentation to him or her of a declaration made in accordance with paragraph (2).

(2) Where an authorised officer is satisfied on information given to the officer by the holder of a logbook that that logbook is lost or accidently destroyed, the holder shall make and sign a declaration to that effect.

Requirements relating to distribution of blue and brown tags and logbooks — tags issue register

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 shall—

(

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 subparagraph (

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 subparagraph (

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.

(4) In this section “tags issues register” means a register containing the details in the form set out in Schedule 7.

Tail tags — requirement of dealers

20. (1) IFI shall issue tail tags to dealers for the purposes of this Regulation.

(2) A dealer shall keep and maintain a tags removal register and a dealer’s record book.

(3) A dealer who removes a tail tag from a wild salmon or sea trout at the time of processing shall—

(

a

) retain the tag together with the record of the purchase of the fish,

(

b

) complete the tag removals register kept by him or her in respect of the tag and the fish, and

(

c

) deliver all such tags, records and registers to the relevant office of IFI mentioned in Schedule 6 on the first Tuesday in December of each year and on any other day that may be specified from time to time by IFI.

(4) 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 this Regulation 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, containing the details set out in the form in Schedule 10, in respect of such fish in particular by entering a record of the code and number of the tail tag which he or she attaches to the fish.

(5) A tail tag to be attached to a fish shall—

(

a

) be yellow in colour,

(

b

) be made of plastic and bear a locking device,

(

c

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

(

d

) be a minimum of 19 centimetres in length, and

(

e

) bear the codes and numbers set out in, and in accordance with, Schedule 9.

(6) A tail tag shall bear—

(

a

) the inscription “Inland Fisheries Ireland” or “IFI”, or

(

b

) a bar code,

or both such an inscription and bar code.

(7) Where a tail tag held by a dealer is lost or accidentally destroyed, the dealer to whom the tag was issued shall immediately inform IFI, either verbally or in writing, of the loss or destruction of the tag and IFI may replace a tail tag whose loss or destruction has been so notified to it where IFI is satisfied that the tag has been lost or so destroyed.

(8) A person shall not attach a tail tag to a fish that does not comply with paragraph (5).

(9) 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 shall—

(

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, tagged in accordance with these regulations, which is purchased bona fide from a person fishing under a commercial fishing licence by or on behalf of a person for personal or for 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 does not have a tag attached to it in accordance with these Regulations.

(7) A person shall not have in his or her possession any wild salmon or sea trout which are not tagged in accordance with these Regulations and which he or she knows, or in the circumstances ought to know, should have a tag attached to them 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 column (2) of 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 IFI, that Institute or that Board, as the case may be, decides to tag any wild salmon or sea trout caught and retained by it in accordance with these Regulations.

Declaration of application of section 78(3) of Act of 2010

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.

Penal offences

25. The contravention of, or the failure to comply with, any of the following Regulations is a penal offence

(

a

) Regulation 3;

(

b

) Regulation 5;

(

c

) Regulation 11(5);

(

d

) Regulation 12;

(

e

) Regulation 14(2);

(

f

) Regulation 15(4);

(

g

) Regulation 16;

(

h

) Regulation 17(1) or (2);

(

i

) Regulation 18;

(

j

) Regulation 19(1);

(

k

) Regulation 20(2), (3), (4) and (8);

(

l

) Regulation 21(1);

(

m

) Regulation 22.

Revocations

26. The following regulations are revoked

(

a

) the Wild Salmon and Sea Trout Tagging Scheme Regulations 2013 (

S.I. No. 573 of 2013

),

(

b

) the Wild Salmon and Sea Trout Tagging Scheme (Amendment) Regulations 2014 (

S.I. No. 301 of 2014

),

(

c

) the Wild Salmon and Sea Trout Tagging Scheme (Amendment) Regulations 2016 (

S.I. No. 636 of 2016

) and

(

d

) the Wild Salmon and Sea Trout Tagging Scheme (Amendment) Regulations 2017 (

S.I. No. 602 of 2017

).

Schedule 1

Regulation 3

Gill tags

Angling — blue tag

Commercial fishing licences—

green — draft net

white — snap net

orange — other fishing engine