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

Type Statutory Instrument
Publication 2006-12-20
Last updated 2008-01-29
State Repealed superseded text
Text As published
Source Irish Statute Book
articles 14

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

2 amending acts · 2008-01-29, S.I. No. 849/2007 - Wild Salmon and Sea Trout Tagging Scheme Regulations 2007

Reform history JSON API

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

1.

1.

These Regulations may be cited as the Wild Salmon and Sea Trout Tagging Scheme (No. 2) Regulations 2006.

Definitions

2.

2.

(1) In these Regulations -

“Act of 1980” means the Fisheries Act 1980 (No. 1 of 1980);

“Act of 1994” means the Fisheries (Amendment) Act 1994 (No. 23 of 1994);

“Act of 2000” means the Fisheries (Amendment) Act 2000 (No. 34 of 2000);

“authorised agent” means an authorised agent (within the meaning of section 70(1) of the Principal Act) of a regional board;

“commercial fishing engine” means a draft net, a drift net, an other fishing engine or a snap net;

“commercial fishing licence” means a licence authorising the use of a commercial fishing engine for the taking of salmon or sea trout;

“dealer” means the holder of a salmon dealer's licence;

“dealer's record book” means a record book in the form set out in Schedule 6 or a form to the like effect;

“document” includes a dealer's record book, a gill tags issues register or a tag removals register;

“draft net” includes a single wall of netting attached to a floating head rope and a weighted ground rope, designed so that a bag is formed into which the catch is drafted or hauled, for the purpose of taking or fishing for, or attempting to take or to fish for, salmon or sea trout;

“drift net” includes a single sheet of netting attached to a floating head rope and a weighted ground rope, designed to drift freely at the surface of waters for the purpose of taking or fishing for, or attempting to take or to fish for, salmon or sea trout, to which net or ropes no weights or anchoring devices are attached which in any way hinder or prevent the free movement of the net in those waters;

“farmed salmon or sea trout” includes salmon or sea trout reared entirely in captivity pursuant to an aquaculture licence and salmon or sea trout produced by means of aquaculture and imported from outside the State;

“fishing licence” means a commercial fishing licence or a salmon rod ordinary licence;

“gill tag” means a gill tag as described in Schedule 1;

“gill tags issues register” means a register in the form set out in Schedule 5 or a form to the like effect;

“holder of a fishing licence” includes a person who is authorised under section 67(9) (inserted by section 67 of the Act of 1980) of the Principal Act to use the fishing engine which is related to the licence;

“holder of a logbook” includes a person who is a holder of the fishing licence to which the logbook relates;

“length” in relation to a sea trout, means the distance measured in a straight line from the tip of the snout to the fork of the tail;

“logbook” means a salmon and sea trout commercial fishing logbook or a salmon and sea trout angler's logbook;

“other fishing engine” means any fishing engine not being a drift net, a draft net, a snap net or a rod and line, capable of being used for the purpose of taking or fishing for, or attempting to take or to fish for, salmon or sea trout;

“Principal Act” means the Fisheries (Consolidation) Act 1959 (No. 14 of 1959);

“processing” in relation to a wild salmon or sea trout, means -

and “processed” shall be construed accordingly;

“relevant board” in relation to a fishing licence or a salmon dealer's licence, means the regional board which issued the licence;

“rod and line” means any rod and line capable of being used for the purpose of taking or fishing for, or attempting to take or fish for, salmon or sea trout;

“salmon and sea trout angler's logbook” means a logbook in the form set out in Schedule 4 or a form to the like effect;

“salmon and sea trout commercial fishing logbook” means a logbook in the form set out in Schedule 3 or a form to the like effect;

“salmon dealer's licence” has the meaning assigned to it by section 154 (inserted by section 20 of the Act of 1994) of the Principal Act;

“salmon” means fish of the species Salmo salar (Atlantic Salmon);

“sea trout” means a sea trout over 40 centimetres in length and does not include a farmed sea trout but does include a sea trout which has been released from, or has escaped from, captivity;

“snap net” includes a single wall of netting attached to a floating head rope and a weighted ground rope, designed to suspend between two boats and into which the catch is drawn, for the purpose of taking or fishing for, or attempting to take or to fish for, salmon or sea trout;

“tag” means a gill tag or a tail tag;

“tag removals register” means a register in the form set out in Schedule 7 or a form to the like effect;

“tail tag” means a tail tag as described in Schedule 2;

“wild salmon” does not include a farmed salmon but does include a salmon which has been released from, or has escaped from, captivity.

Tagging of lawfully taken wild salmon and sea trout

3.

3.

(1) Subject to this Regulation, where a person lawfully catches and retains a wild salmon or sea trout, he or she shall affix to such fish a gill tag issued to him or her under these Regulations by firmly fastening the tag to and securely locking it on the salmon or sea trout as indicated in Schedule 1, 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.

Distribution of tags to anglers

4.

4.

(1) The holder of a salmon rod ordinary licence shall be issued by a distributor on receipt of the licence duty payable under section 68 the Principal Act in respect of the licence -

Fishery district committees

5.

5.

(1) There shall be established in relation to each fishery district a committee (in these Regulations referred to as a “fishery district committee” to be known as “The ----------- ------ Fishery District Committee” (the name of the fishery district being inserted) and such 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.

appointed annually for a period of 12 months by the Chief Executive Officer of the regional board concerned.

Quotas

6.

6.

(1) Subject to paragraph (2), where a regional board has issued a fishing licence the Chief Executive Officer of that board, on the recommendation of the fishery district committee concerned -

Surrender of wild salmon or sea trout where tags or quotas are exhausted

7.

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.

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 -

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.

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.

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.

Dealers

11.

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.

Issue of log cards

12.

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.

Issue of logbooks

13.

13.

(1) The relevant board shall issue a salmon and sea trout commercial fishing logbook to the holder of a commercial fishing licence.

Obligation on logbook holders to have logbooks whilst fishing

14.

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.

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.

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-

Non-application to certain matters

19.

These Regulations do not apply to -

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.

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

Physical description of the gill tag:

1.

The gill tag shall be made of plastic and bear a locking device.

2.

The gill tag shall be at least 0.5 centimetres in width and at least 18 centimetres in length with printed details and colour as specified below.

3.

The gill tag shall be attached through the gill opening and mouth of the fish and securely locked around the gill cover so that the code and number of the tag face outwards.

4.

The gill 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.

5.

The gill tag is not reusable.

Colours, Codes and Numbers for Gill Tags

Colours
Green = Draft net
White = Snap net
Blue = Rod and line
Orange = Other fishing engine

Country code

I = Ireland

Fisheries Region and Fishery District codes

E = Eastern Region

District (DK = Dundalk, DA = Drogheda, DN = Dublin, WD = Wexford)

S = Southern Region

District (WD = Waterford, LE = Lismore)

SW = South Western Region

District (CK = Cork, KY = Kerry)

SH = Shannon Region

No fishery district code required.

W = Western Region

District (GY = Galway, CA = Connemara, BL = Ballinakill)

NW = North Western Region District (BR = Bangor, BA = Ballina, SO = Sligo)

N = Northern Region District (BN = Ballyshannon, LY = Letterkenny)

Blue tags shall not bear a fishery district code.

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 estimated maximum allocation.

For example, a draft net caught fish recorded in the Ballina district in the year 2002 should be identifiable from its tag as follows:

Tag colour green, code INWBA02XX 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 2

Physical description of the tail tag:

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 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 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) 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 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 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 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
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
Cork Lower Lee (Martin, Shornach, Bride) 1,614
Cork Bandon 1,453
Cork Ilen 502
Cork Mealagh 63
Cork Coomhola 277
Kerry Roughty 577
Kerry Blackwater (Kerry) 236
Kerry
Kerry Sneem 84
Kerry Waterville 672
Kerry Caragh 751
Kerry Laune 7,170
Kerry Owenmore R. 109
Limerick Feale 4,688
Limerick Mulkear 1,349
Galway Corrib 375
Connemara Cashla 300
Connemara Screebe 263
Connemara Ballynahinch 623
Ballinakill Erriff 1,621
Ballinakill Bundorragha 438
Ballinakill
Ballinakill Common estuary1 1,648
Ballinakill Owenglin (Clifden) 257
Ballinakill Dawros 271
Bangor Burrishoole 494
Bangor Owenduff (Glenamong) 1,251
Bangor Owenmore R. 3,113
Bangor Common estuary2 3,233
Ballina Moy 20,267
Ballina Easkey 752
Sligo Ballysadare 848
Sligo Drumcliff 112
Ballyshannon Duff 478
Ballyshannon Drowes 2,768
Ballyshannon Eany 950
Ballyshannon Glen 336
Letterkenny Owenea 2,105
Letterkenny Gweebarra 606
Letterkenny Clady 58
Letterkenny Tullaghobegly 147
Letterkenny Crana 431
Dundalk Castletown 42
Dundalk Fane 223
--- ---
GIVEN under my hand, 20^th 12 2006.
[image omitted]
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.

Footnotes

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.

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