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S.I. No. 274 of
2007
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SEA-FISHERIES
(INCIDENTAL CATCHES OF CETACEANS IN FISHERIES) REGULATIONS 2007
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Notice of the
making of this Statutory Instrument was published in
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“Iris Oifigiúil”
of 15th June, 2007.
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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 14 of the Sea-Fisheries
and Maritime Jurisdiction Act 2006 (No. 8 of 2006) and the Marine
(Delegation of Ministerial Functions) (No. 2) Order 2006 ( S.I. No. 167 of
2006 ), for the purpose of giving full effect to Council Regulation (EC) No.
812/2004 of 26.4.2004 1 ,
hereby make the following regulations—
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1. These
Regulations may be cited as the Sea-Fisheries (Incidental Catches of
Cetaceans in Fisheries) Regulations 2007.
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2. (1) In
these Regulations “Council Regulation” means Council Regulation (EC) No.
812/2004 of 26.4.20041.
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(2) A word
or expression that is used in these Regulations and is also used in the
Council Regulation has, unless the contrary intention appears, the same
meaning in these Regulations as it has in the Council Regulation.
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3. These
Regulations apply to—
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(a) an Irish
sea-fishing boat wherever it may be, and
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(b) a foreign
sea-fishing boat within the exclusive fishery limits,
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of 12
metres or over in overall length.
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4. A
sea-fishing boat shall comply with Article 2(1) of the Council Regulation.
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5. The
master of a sea-fishing boat shall comply with Article 2(2) of the Council
Regulation.
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6. An
acoustic deterrent device used on board a sea-fishing boat in application of
Article 2(1) of the Council Regulation shall comply with Article 3(1) of the
Council Regulation, subject to any derogation authorised by the Minister
under paragraph 2 of that Article published in the Iris Oifigiúil and by such other means as the Minister
considers appropriate.
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7. A record
of any acoustic deterrent device used on board a sea-fishing boat must be
kept by the master of the boat for a period of not less than 3 years and
shall be made available on request to a sea-fisheries protection officer for
inspection.
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8. The
master of a sea-fishing boat shall facilitate an at-sea observer appointed
by the Minister under Article 5 of the Council Regulation, in boarding or
while on board the boat, to carry out his or her tasks.
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GIVEN under my hand,
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12 June 2007
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JOHN BROWNE,
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Minister of State at the Department of
Communications, Marine and Natural Resources.
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EXPLANATORY NOTE
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(This note is not part of
the instrument and does not purport to be a legal interpretation)
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These Regulations give full
effect to Council Regulation (EC) No. 812/2004 of 26.4.2004 which lays down
measures concerning incidental catches of cetaceans in certain fisheries.
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1 OJ No. L150, 30.
4. 2004, p. 12
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