Wild Salmon and Sea Trout Tagging Scheme Regulations 2013 (S.I. No. 573 of 2013)

STATUTORY INSTRUMENTS. S.I. No. 573 of 2013 ———————— WILD SALMON AND SEA TROUT TAGGING SCHEME REGULATIONS 2013 2 [573] S.I. No. 573 of 2013 WILD SALMON AND SEA TROUT TAGGING SCHEME REGULATIONS 2013 INDEX Regulation 1. Citation and commencement 2. Definitions 3. Tagging of lawfully taken wild salmon and sea trout — gill tags 4. Distribution of blue tags to anglers 5. Additional tagging for anglers in certain rivers — brown tags 6. Distribution of brown tags to anglers 7. Notice to distributors relating to brown tags 8. Restrictions on issue to distributors of brown tags 9. Fishery district committees 10. Total allowable catch — fishing licences 11. Quotas — commercial fishing licences 12. Cessation of commercial fishing and surrender of untagged fish where tags are exhausted 13. Performance of CEO’s functions by other persons 14. Fish capture cards 15. Logbooks 16. Entries of events into logbooks 17. Surrender of completed logbooks and unused tags to CEO 18. Reporting lost or destroyed logbooks 19. Requirements relating to distribution of blue and brown tags and logbooks — tags issue register 20. Tail tags — requirement of dealers 21. Persons engaged in catering 22. Prohibitions 23. Non-application to certain matters [573] 3 24. Forfeiture of fishing licence and consequential disqualification order 25. Penal offences 26. Revocations Schedule 1 Gill Tags — Angling tags and commercial tags Schedule 2 Rivers Total Allowable Catch Schedule 3 Brown tags Schedule 4 Fishery districts and rivers to which brown tags apply Schedule 5 Logbooks Schedule 6 Offices of IFI Schedule 7 Tags Issues Register Schedule 8 Tags Removals Register Schedule 9 Tail tag Schedule 10 Dealer’s Record Book 4 [573] S.I. No. 573 of 2013 WILD SALMON AND SEA TROUT TAGGING SCHEME REGULATIONS 2013 I, Fergus O’Dowd, Minister of State at the Department of Communications, Energy and Natural Resources, in exercise of the powers conferred on me by sections 69 and 78 (3)(a)(v) of the Inland Fisheries Act 2010 (No. 10 of 2010) and the Energy and Natural Resources (Delegation of Ministerial Functions) (No. 2) Order 2011 (S.I. No. 631 of 2011), after consultation with Inland Fisher ies Ireland, and having complied with Regulations 27 and 42 of the European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), hereby make the following regulations: Citation and commencement 1. (1) These Regulations may be cited as the Wild Salmon and Sea Trout Tagging Scheme Regulations 2013. (2) These Regulations come into operation on 1 January 2014. Definitions 2. In these Regulations— “Act of 1980” means Fisheries Act 1980 (No. 1 of 1980); “Act of 1994” means Fisheries (Amendment) Act 1994 (No. 23 of 1994); “Act of 2010” means Inland Fisheries Act 2010 (No. 10 of 2010); “angling season” means the period of time in any year during which it is permit ted to fish in the waters of any river in accordance with bye-laws; “authorised agent” means an authorised agent (within the meaning of section 70(1) of the Principal Act) of IFI; “blue tag” means a gill tag described in Regulation 3(3) to be attached to a fish through its gill in accordance with Regulation 3(5) lawfully caught by angling with rod and line; “brown tag” means a gill tag described in Regulation 5(2) and (3) to be attached to a fish through its gill in accordance with Regulation 5(4); “bye-laws” means bye-laws made under section 57 of the Act of 2010; “CEO” means chief executive officer of IFI; “commercial gill tag” has the meaning assigned to it by Regulation 11(8); Notice of the making of this Statutory Instrument was published in “Iris Oifigiúil” of 3rd January, 2014. [573] 5 “commercial fishing engine” means a draft net, snap net or any other lawful fishing engine (other than rod and line); “commercial fishing licence” means a licence authorising the use of a commer cial 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 10; “distributor” means IFI or an authorised agent or owner, occupier or a manager of a private or several fishery; “document” includes a dealer’s record book, a tags issues register or a tags 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; “farmed salmon or sea trout” includes salmon or sea trout reared entirely in captivity under an aquaculture licence and salmon or sea trout produced by means of aquaculture and imported into the State; “fish” means wild salmon or sea trout; “fishery district committee” has the meaning assigned to it in Regulation 9(1); “fishing licence” means a commercial fishing licence or a rod licence or both, as the case may be; “gill tag” means a tag described in Regulation 3(3) and (4) and attached to a fish in accordance with Regulation 3(5); “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; “IFI” means Inland Fisheries Ireland; “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; “Principal Act” means Fisheries (Consolidation) Act 1959 (No. 14 of 1959); 6 [573] “rivers” includes its waters; “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, wild salmon or sea trout; “rod licence” has the meaning assigned to it by Regulation 4(8); “salmon and sea trout angler’s logbook” means a logbook in the form set out in Part 2 of Schedule 5; “salmon and sea trout commercial fishing logbook” means a logbook in the form set out in Part 1 of Schedule 5; “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; “tags issues register” means a register in the form set out in Schedule 7; “tags removal register” means a register in the form set out in Schedule 8; “tail tag” means a tag described in Regulation 20(5) to be attached to the tail of a fish by a dealer; “total allowable catch” has the meaning assigned to it by Regulation 10(3); “wild salmon” does not include a farmed salmon but does include a salmon which has been released, or has escaped, from captivity. Tagging of lawfully taken wild salmon and sea trout — gill tags 3. (1) Where a person lawfully catches and retains a wild salmon or sea trout by rod and line, he or she shall attach to the fish, in accordance with paragraph (5) a blue gill tag issued to him or her under Regulation 4. (2) The holder of a commercial licence shall ensure that any wild salmon or sea trout caught and retained by, or on behalf of, the holder, in accordance with a quota decided under Regulation 11(1) applicable to the licence, by a commer cial fishing engine has a commercial gill tag, issued under Regulation 11(3), attached to it in accordance with paragraph (5). [573] 7 (3) A gill tag to be attached to a wild salmon or sea trout under this Regu lation shall— (a) be made of plastic, (b) bear a locking device, (c) be at least 0.5 centimetres in width and at least 18 centimetres in length with printed details and colour as specified in subparagraph (d), (d) be in colour— (i) blue, where the fish is caught by rod and line, (ii) green, where the fish is caught by draft net, (iii) white, where the fish is caught by snap net, and (iv) orange, where the fish is caught by any other lawful fishing engine, (e) bear the correct year code in which the fish was caught, and the secur ity code and number in accordance with Schedule 1, (f) other than where the fish is caught by rod and line, bear the code for the fishery district, mentioned in paragraph 1 of Schedule 1, in which the fish is caught, (g) bear the correct tag code and number as specified in the logbook to which the tag relates, and (h) be in such a condition, that it is capable of being read. (4) A gill tag may bear— (a) the inscription “Inland Fisheries Ireland” or “IFI”, or (b) a bar code, or both such an inscription and a bar code. (5) A gill tag shall, upon 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 code and 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. (6) A person shall not attach to a fish a gill tag that does not comply with paragraph (3). 8 [573] (7) This Regulation applies to a wild salmon or sea trout caught in a river mentioned in column (2) of Schedule 2. Distribution of blue tags to anglers 4. (1) Subject to paragraph (2), the holder of a salmon rod (annual) ordinary, juvenile or district licence shall be issued by a distributor on receipt of licence duty in any year in respect of the period from— (a) 1 January to 11 May, with 3 blue tags, and (b) 12 May to 30 September— (i) with 7 blue tags, where the licence commences during the period referred to in subparagraph (a) and continues into the period referred to in this subparagraph, or (ii) with 10 blue tags, where the licence commences during the period referred to in this subparagraph. (2) Tags issued under paragraph (1) shall be issued in lots of 3 or 4 at such intervals in accordance with the instructions of the CEO. (3) The holder of a salmon rod (twenty-one day) ordinary licence shall be issued by a distributor on receipt of licence duty in any year in respect of the period from— (a) 1 January to 11 May, with 3 blue tags, and (b) 12 May to 30 September— (i) with 7 blue tags, where the licence commences during the period referred to in subparagraph (a) and continues into the period referred to in this subparagraph, or (ii) with 10 blue tags, where the licence commences during the period referred to in this subparagraph. (4) Tags issued under paragraph (3) shall be issued in lots of 3 or 4 at such intervals in accordance with the instructions of the CEO. (5) The holder of a salmon rod (one-day) ordinary licence shall be issued by a distributor on receipt of licence duty, in any year in respect of the period from 1 January to 30 September, with one blue tag. (6) The holder of a rod licence shall be issued with one blue tag in the period from 1 October to 12 October, for sea trout in rivers which are open under bye-laws. (7) Notwithstanding the foregoing, where a person has been issued with blue tags in accordance with this Regulation and the person has not used any of those tags, that person is not entitled to be issued with any further blue tags until at least one of the previous issue of tags has been used. [573] 9 (8) Notwithstanding the foregoing, holders of rod licences shall not be issued with— (a) any blue tags for which there is no total allowable catch, or (b) a number of blue tags which is greater than the total allowable catch, for a river mentioned in Schedule 2. (9) Any blue tag held by the holder of a rod licence which is lost or acciden tally destroyed may be replaced by a distributor on presentation of a signed declaration of the loss or destruction made before an authorised officer who is satisfied that the tag is so lost or destroyed. (10) In this Regulation— “licence duty” means in relation to a rod licence, licence duty payable under section 68 of the Principal Act in respect of the licence; “rod licence” means a licence referred to in this Regulation. Additional tagging for anglers in certain rivers — brown tags 5. (1) In addition to the tagging requirements contained 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 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 with printed details as specified below, (e) bear the designated code for the river concerned specified in column (3) of Schedule 4, (f) bear the inscription “Inland Fisheries Ireland” or “IFI”; (g) bear the letter and numbers in accordance with Schedule 3, and (h) bear the designated code specified in column (3) of Schedule 4 for the river concerned. (3) A brown tag may bear a bar code. 10 [573] (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 code and 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), the holder of a salmon rod ordinary licence shall be issued by a distributor with such number of brown tags as are in accord ance with the instructions of the CEO. (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) Any brown tag held by the holder of a salmon rod ordinary licence which is lost or accidentally destroyed may be replaced by a distributor on presentation of a signed declaration of loss or destruction made before an authorised officer who is satisfied that the tag is so lost or destroyed. Notice to distributors relating to brown tags 7. (1) The CEO shall issue a notice to distributors in respect of the issue of brown tags for a river mentioned in Schedule 4. (2) A notice under this Regulation shall— (a) specify the procedures to be followed in relation to the issuing of brown tags, entries into log books, registers, return of brown tags, replacement of brown tags and issue of second and subsequent brown tags, and (b) be issued and published in such manner as the CEO decides. Restrictions on issue to distributors of brown tags 8. (1) Subject to this Regulation, the CEO shall issue brown tags to distribu tors 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. [573] 11 (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 dis trict 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 represen tative of commercial fishermen, salmon rod anglers and rated occu piers 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 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 para graph (1) shall provide the Minister with his or her reasons for the allocation decided. (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, in accordance with paragraph (2)— 12 [573] (a) shall decide the quota applicable to the holder of a commercial fishing licence in respect of a river of a fishery district referred to in Sched ule 2, (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 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 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 the 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 com mercial 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 writ ten 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 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 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 fish ing engine; [573] 13 “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. (1) Where— (a) 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 cap tured 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 immedi ately to the water, or (b) the excess number of fish cannot be so returned, he or she shall report this and remove the untagged fish from the boat on which they were caught and surrender them to IFI on landing. (2) Where a person does not surrender the fish to an authorised officer of IFI in accordance with paragraph (1)(b), the fish may be seized by an authorised officer of IFI. Performance of CEO’s functions by other persons 13. The CEO may perform any of his or her functions under these Regu lations 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 issue a fish capture card (in such form as he or she decides) together with each gill tag issued to the holder of a salmon rod ordinary licence. (2) Where the holder of a salmon rod licence 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 a fish capture card and post or deliver the card to IFI at one of its offices mentioned in Schedule 6. (3) The CEO may require a holder of salmon rod ordinary licence fishing in a fishery district to give details of the number of fish captured by the holder, date of capture, and the river from which they were captured together with his 14 [573] or her licence number by means of a telephone number, an electronic mail or a facsimile address provided by or on behalf of the CEO to the holder. (4) The holder of a salmon rod or primary licence shall comply with a require ment made of him or her under paragraph (3). (5) A telephone number, an electronic mail or a facsimile address under para graph (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 fishery district concerned. (6) In this Regulation “fish capture card” means a card issued by IFI 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 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 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 cap ture 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 Regu lations, 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 [573] 15 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 Regu lation 16(1)(b) together with all unused tags issued to him or her under Regu lations 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 certifi cate 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 commer cial 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 an office of IFI 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 may 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 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 16 [573] (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 para graph (1) may also be kept by the person by means of any mechanical or elec tronic 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 main tained 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 removals register and a dealer’s record. (3) A dealer who removes a 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, shall complete the tag removals register kept by him or her in respect of the tag and the fish, and (b) 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. [573] 17 (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 with printed details as speci fied below, and (e) bear the codes and numbers set out in, and in accordance with, Sched ule 9. (6) A tail tag may bear— (a) the inscription “Inland Fisheries Ireland” or “IFI”, or (b) a bar code, or both such an inscription and bar code. (7) 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. (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. 18 [573] (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 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 accord ance 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 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— [573] 19 (a) anything done in accordance with section 14 (inserted by section 4 of the Fisheries (Amendment) Act 1962 (No. 31 of 1962)) of the Princi pal 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. 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. 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(1); (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 (7); (l) Regulation 21(1); (m) Regulation 22. Revocations 26. The Wild Salmon and Sea Trout Tagging Scheme Regulations 2012 (S.I. No. 556 of 2012) are revoked. 20 [573] Schedule 1 Regulation 3 Gill tags Angling — blue tag Commercial fishing licences— green — draft net white — snap net orange — other fishing engine 1. Fishery District codes District (DK = Dundalk, DA = Drogheda, DN = Dublin) District (WX = Wexford, WD = Waterford) District (LE = Lismore, CK = Cork, KY = Kerry) District (LK = Limerick) District (GY = Galway, CA = Connemara, BL = Ballinakill) District (BR = Bangor, BA = Ballina, SO = Sligo) District (BN = Ballyshannon, LY = Letterkenny) 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 estimated maximum allocation. Example A draft net caught fish recorded in the Bangor district in the year 2014 should be identifiable from its tag as follows: Tag colour green, code IFIWBR14XX and number between 1 and the maximum. [573] 21 Schedule 2 Regulations 3(7), 4(8), 10 and 11 Rivers Total Allowable Catch Fishery district Waters of the River Proposed maximum number of tags that may be issued in respect of taking wild salmon or sea trout from river (1) (2) (3) Dublin Dargle 0 Upper Liffey 0 Lower Liffey (downstream of 0 Leixlip Dam) Vartry 0 Wexford Slaney 0 Avoca 0 Owenavorragh 0 Waterford Barrow and Pollmounty 0 Nore 2,214 Suir including Clodiagh, 0 Lingaun, and Waterford Blackwater Colligan 0 Corock R 0 Owenduff 0 Mahon 0 Tay 0 Lismore Blackwater (Munster) 6,902 including Glenshelane and Finisk Bride 0 Lickey 0 Tourig 0 Womanagh 0 Cork Owenacurra 45 Lower Lee 2,177 Bandon 752 Ilen 711 Mealagh 192 Coomhola 96 Upper Lee 0 Glengarriff 331 Argideen 125 22 [573] Fishery district Waters of the River Proposed maximum number of tags that may be issued in respect of taking wild salmon or sea trout from river (1) (2) (3) Owvane 502 Adrigole 0 Kerry Roughty 463 Blackwater (Kerry) 0 Sneem 694 Waterville 404 Caragh} 1,170 Laune including Cottoners} 4,743 Maine} 1,639 Castlemaine Harbour1 1,020 Behy 0 Emlagh 0 Owenmore 211 Croanshagh (Glanmore River 102 and Lake) Sheen 103 Inny 394 Kealincha 0 Lough Fada 0 Owenshagh 0 Cloonee 0 Finnihy 0 Owenreagh 0 Emlaghmore 0 Carhan 0 Ferta 0 Owenascaul 0 Milltown 0 Feohanagh 0 Lee 0 Limerick Feale including Galey and 2,872 Brick Mulkear 645 Maigue 0 Shannon River 0 Fergus 0 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. [573] 23 Fishery district Waters of the River Proposed maximum number of tags that may be issued in respect of taking wild salmon or sea trout from river (1) (2) (3) Deel 0 Owenagarney 0 Doonbeg 0 Skivaleen 0 Annageeragh 0 Inagh 0 Aughyvackeen 0 Galway Corrib 6,246 Aille (Galway) 0 Kilcolgan 0 Clarinbridge 0 Knock 0 Owenboliska (Spiddal) 0 Connemara Cashla 379 Screebe 57 Ballynahinch 1,262 Lough Na Furnace 0 Ballinakill Erriff} 669 Bundorragha} 330 Common estuary2 831 Owenglin (Clifden) 643 Dawros 697 Culfin 270 Carrownisky 0 Bunowen 335 Owenwee (Belclare) 45 Bangor Srahmore (Burrishoole) 0 Carrowmore Lake 587 Owenduff (Glenamong) 1,846 Owenmore 0 Common estuary 0 Newport 538 (including Lough Beltra) Glenamoy 153 Owengarve River 0 Muingnabo 0 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. 24 [573] Fishery district Waters of the River Proposed maximum number of tags that may be issued in respect of taking wild salmon or sea trout from river (1) (2) (3) Ballina Moy 25,803 Easkey 418 Cloonaghmore (Palmerstown) 0 Ballinglen 0 Brusna 0 Leaffony 0 Sligo Ballysadare 3,195 Drumcliff 151 Garvogue (River Bonet and 527 Lough Gill) Grange 0 Ballyshannon Duff 305 Drowes 2,675 Eany 128 Glen 219 Owenwee (Yellow River) 0 Erne 0 Eske 43 Abbey 0 Ballintra (Murvagh R) 0 Laghy 0 Oily 0 Bungosteen 0 Letterkenny Owenea/Owentocker 936 Gweebarra 332 Clady 83 Tullaghobegly 103 Crana 160 Gweedore (Crolly River) 417 Ray 0 Lackagh 0 Leannan 0 Bracky 0 Owenamarve 0 Glenna 0 Swilly 0 Isle (Burn) 0 Mill 0 [573] 25 Fishery district Waters of the River Proposed maximum number of tags that may be issued in respect of taking wild salmon or sea trout from river (1) (2) (3) Clonmany 0 Straid 0 Donagh 0 Glenagannon 0 Culoort 0 Drogheda Boyne 0 Dundalk Castletown 0 Fane 411 Glyde 201 Dee 0 Flurry 0 26 [573] Schedule 3 Regulation 5 Brown tags 1. Letter and number Each coded tag shall contain a letter followed by a number. 2. Serial number Each tag shall contain a unique serial number. Example A fish caught on 1 May 2014 in the River Eske in the Ballyshannon District should be identifiable from its brown tag as follows: Code “Inland Fisheries Ireland S3” and a unique serial number. [573] 27 Schedule 4 Regulations 5, 7 and 8 Fishery districts and rivers to which brown tags apply Fishery district River Designated code Dundalk Glyde C3 Limerick Mulkear D3 Kerry Sheen F3 Kerry Roughty G3 Connemara Screebe K3 Ballinakill Owenwee (Belclare) Q3 Bangor Carrowmore R3 Ballyshannon Eske S3 Ballyshannon Eany U3 Letterkenny Clady W3 Letterkenny Tullaghobegley Y3 28 [573] Schedule 5 Regulation 15 Logbooks PART 1 Salmon and Sea Trout Commercial Fishing Logbook Issuing Office: ................................................................................................................ Log Book Number: ....................................................................................................... Year: .............................................................................................................................. Details of Commercial Licence Holder Licence holder Surname: ......................................................................................................................... Given Names: ................................................................................................................. Address: .......................................................................................................................... ........................................................................................................................................... Licence holder’s nominee Surname: ....................................................................................................................... Given Names: ............................................................................................................... Address: ........................................................................................................................ ........................................................................................................................................... River to be fished: ....................................................................................................... Licensed fishing method: .............................................................................................. District to be fished as per licence: ............................................................................. Identification number of licence: ................................................................................ Type of fishing vessel and registration number: ....................................................... [573] 29 Record of gill tags issues Date of Issue Number of tags Codes and numbers Issuing officer’s issued of issued tags name & initials Record of gill tags lost *See note Date of declaration Number of lost tags Codes and numbers Certifying officer’s of lost tags name & initials *Gill tags which are lost or accidentally destroyed, may be replaced by the CEO 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 Codes and numbers Certifying officer’s tags of returned tags name & initials Daily Fishing Effort and Catch Record Date: .................................. (dd/mm/yy) Time Time completed Number of Number of sea River/common commenced fishing salmon captured trout captured estuary from fishing and tagged and tagged which fish captured AM/PM* AM/PM* *Please delete AM or PM as appropriate or use the 24 hour clock. 30 [573] Certified Correct: ......................................................................................................... (licence holder or nominee signature) Daily Disposal of Captured Fish Date of disposal Name & address of Number of fish (dd/mm/yy) salmon dealer/hotel/guest house/restaurant/other purchaser or domestic consumption Salmon Sea trout Certified correct: ............................................................................................................. (Licence holder or nominee signature) PART 2 Inland Fisheries Ireland Salmon and Sea Trout Angler’s Logbook Year: .................. (Details of salmon rod ordinary licence to be entered here) Record of Tags Date Issued Lost Returned Tag Codes Authorised Authorised (dd/mm/yy) (give (give (give and Agent Agent quantity) quantity) quantity) Numbers Signature (give first and last in sequence) You must return all logbooks and all unused carcass tags to an IFI office mentioned below. Logbooks and unused tags may be returned by post (a business reply envelope is provided) or in person. [573] 31 Offices of IFI Inland Fisheries Ireland, Inland Fisheries Ireland, 3044 Lake Drive, Teach Breac, Citywest Business Campus, Earl's Island, Dublin 24 Galway, Ireland. Ireland. Inland Fisheries Ireland, Inland Fisheries Ireland, Anglesea Street, Ardnaree House, Clonmel, Abbey Street, Co. Tipperary, Ballina, Ireland. Co Mayo, Ireland. Inland Fisheries Ireland, Inland Fisheries Ireland, Sunnyside House, Station Road, Macroom, Ballyshannon, Co. Cork, Co. Donegal, Ireland. Ireland. Inland Fisheries Ireland, Ashbourne Business Park, Dock Road, Limerick, Ireland. Fishing and Catch Record Date Name Beat County Species Weight Lure Tag For (dd/mm/yy) of River (tick box) lbs/kgs Code official /Lake (delete and use only (Enter K if salmon as Number is a Kelt or appro- (enter Baggot*) priate) R if fish released) Salmon Sea Trout 1. 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) ........................... . *A Kelt is a salmon that has recently spawned and is usually in poor condition. A Baggot is a female salmon which is still full of mature eggs. A Kelt/Baggot (K) whilst recorded in the logbook will not be counted as part of the run for the current year as it relates to the previous year salmon returns. 32 [573] Schedule 6 Regulations 14, 17 and 20 Offices of IFI Inland Fisheries Ireland, Inland Fisheries Ireland, 3044 Lake Drive, Teach Breac, Citywest Business Campus, Earl's Island, Dublin 24 Galway, Ireland. Ireland. Inland Fisheries Ireland, Inland Fisheries Ireland, Anglesea Street, Ardnaree House, Clonmel, Abbey Street, Co. Tipperary, Ballina, Ireland. Co Mayo, Ireland. Inland Fisheries Ireland, Inland Fisheries Ireland, Sunnyside House, Station Road, Macroom, Ballyshannon, Co. Cork, Co. Donegal, Ireland. Ireland. Inland Fisheries Ireland, Ashbourne Business Park, Dock Road, Limerick, Ireland. [573] 33 Schedule 7 Regulation 19(1) Tags Issues Register Serial No. TG: ................................................ to TG ................................................ Year: .............................................................................................................................. River Basin District: .................................................................................................... Issuing regional board or authorised agent: ............................................................ Agent Code .................................................................................................................. Date Licence Name of Number of Codes and Name of number licence holder blue tags and numbers of issuer (please brown tags blue tags and (initials will include letter issued brown tags suffice) prefix) (give first and last in sequence) Schedule 8 Regulation 20 Tags Removals Register Serial No. TR: .................................................... to ..................................................... Year: .............................................................................................................................. Dealer Licence Number: ............................................................................................ Dealer Name: ............................................................................................................... Dealer Address: ............................................................................................................. Date of Tag Removal Tag Code and Tag Colour Species Number (if sea trout please tick box) 34 [573] Schedule 9 Regulation 20(5)(e) Tail tag 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 2014 should be identifiable from its tag as follows: Tag colour yellow, code “IFI14XX” and number between 1 and the maximum. [573] 35 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 Time of Supplier Number of Number of Codes and Import Import fish notified fish imported numbers of to IFI and tagged tail tags affixed to fish GIVEN under my hand, 17 December 2013. FERGUS O’DOWD, Minister of State at the Department of Communications, Energy and Natural Resources. 36 [573] 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. BAILE ÁTHA CLIATH ARNA FHOILSIÚ AG OIFIG AN tSOLÁTHAIR Le ceannach díreach ó FOILSEACHÁIN RIALTAIS, 52 FAICHE STIABHNA, BAILE ÁTHA CLIATH 2 (Teil: 01 - 6476834 nó 1890 213434; Fax: 01 - 6476843) nó trí aon díoltóir leabhar. —————— DUBLIN PUBLISHED BY THE STATIONERY OFFICE To be purchased from GOVERNMENT PUBLICATIONS, 52 ST. STEPHEN'S GREEN, DUBLIN 2. (Tel: 01 - 6476834 or 1890 213434; Fax: 01 - 6476843) or through any bookseller. —————— €8.89 Wt. (B30373). 285. 1/14. Clondalkin. Gr 30-15.