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S.I. No. 483 of 2006
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National Salmon Commission and
Standing Scientific Committee (Terms of Reference and Procedure) Order 2006
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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 55D (inserted by section 22(1) of the Fisheries
(Amendment) Act 1999 (No. 35 of 1999)) of the Fisheries Act 1980 (No. 1 of
1980) (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 ), hereby order as follows:
1. This
Order may be cited as the National Salmon Commission and Standing Scientific
Committee (Terms of Reference and Procedure) Order 2006.
2. In
this Order -
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“Commission” means National Salmon Commission;
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“Committee” means Standing Scientific Committee;
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“conservation limits” means the spawning stock level that produces
long term average maximum sustainable yield as derived from a stock and
recruitment relationship;
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“Regulations of 1997” means European Communities (National Habitat)
Regulations 1997 ( S.I. No. 94 of 1997 ).
3. The
terms of reference and procedure of the Commission are set out in Schedule
1.
4. The
terms of reference and procedure of the Committee are set out in Schedule 2.
5. The
National Salmon Commission (Terms of Reference) Order 2005 ( S.I. No. 627 of
2005 ) is revoked.
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Schedule
1
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Article 3
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Terms of reference of Commission
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1. To
consider how best the wild salmon resource may be managed, conserved and
exploited on a sustainable basis, having regard in particular to Government
policy and Regulation 31 of the Regulations of 1997.
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2. To
provide the Minister with any appropriate assessment prepared by the
Committee for purposes of Regulation 31 of the Regulations of 1997.
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3. To
consider what conservation management mechanism might be required to achieve
the alignment of total allowable catches and quotas with scientific advice
provided by the Committee.
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In particular, where possible, the Commission
should provide its advice on total allowable catches and quotas on an
individual river basis.
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Where it is not possible to tender advice on
the basis of individual rivers advice should tendered on the basis of
fishery districts.
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Advice on total allowable catches and quotas
shall reflect the imperative of ensuring that stocks are maintained above
their conservation limits.
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Where stocks are below conservation limits,
advice on total allowable catches and quotas should be to ensure a high
probability of meeting conservation limits.
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4. To
propose, how an objective balance between competing interests in the salmon
fishery may be obtained within the framework of the conservation management
mechanism as necessary.
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5. To
engage, as appropriate, in a proactive dialogue with representatives of
bodies and organisations prescribed for the purposes of section 55A(2)(b) of
the Fisheries Act
1980 and other relevant persons and objectively evaluate any proposals
they may have to achieve the alignment referred to in paragraph 3, having
regard to the conservation, management, protection and development of the
national salmon resource and to make practical recommendations to the
Minister in this regard.
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6. To
consider in relation to the making of any recommendations the following
points:
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(a) best
practice internationally,
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(b) technical
rules such as net size, lure type, etc.,
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(c) enforcement
measures,
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(d) catchment management,
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(e) single
stock management,
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(f) adjustments
to fishing seasons,
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(g) compensatory
measures, including detailed costings and details
of how they are to be resourced,
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(h) obligations
of the Minister under Regulation 31 of the Regulations of 1997,
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(i) how
the private sector may best contribute to the promotion of effective
management, development, sustainable exploitation and conservation of wild
stocks of salmon, and
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(j) a
timeframe within which the Commission considers specific recommendations
should be implemented.
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7. To
have regard to the fact that any recommendations concerning compensatory
measures must be predicted on the basis that the Minister will not
contribute to any funding that may be required for any measures that may be
recommended unless a public good is identified, justified and quantified.
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Schedule
2
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Article 4
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Terms of Reference of Committee
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1. The
Committee shall carry out an appropriate assessment of salmon stocks in
accordance with Regulation 31 of the Regulations of 1997.
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The appropriate assessment using
internationally accepted best scientific practice should demonstrate whether
conservation limits are being or likely to be attained or otherwise -
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(a) in
special areas of conservation designated under Regulation 9 of the
Regulations of 1997, and
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(b) on
an individual river basis or on a fishery district basis in areas other than
special areas of conservation.
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The appropriate assessment for special areas
of conservation and for all fishery districts shall take account of the interceptory effects on mixed salmon stocks including
the potential effects on freshwater salmon in other jurisdictions.
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2. In
cases where stocks are determined to be below the conservation limits the
Committee shall advise the level to which catches should be reduced or other
measures adopted on a fishery basis or district basis in order to ensure a
high degree of probability of meeting the conservation limits.
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3. In
cases of identified small scale artisanal
fisheries, which may impact on stocks that are below the conservation
limits, the Committee shall advise on the impact such a fishery has and in
what circumstances, if any, it may be allowed to continue.
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4. For
the purpose of advising the Commission, the Committee shall develop age
specific conservation limits where possible on individual river stocks and
estimate the overall abundance of salmon returning to rivers in the State.
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5. The
Committee shall provide the Commission with a report, which contains the
following information:
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(a) an
annual overview of salmon catches by district and region and an estimate of
the number of “catch and release” salmon,
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(b) catch
advice with an assessment of risks associated with the objective of meeting
conservation limits in all rivers,
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(c) an
evaluation of the effects on stocks and homewater
fisheries of significant management measures introduced in certain periods,
and
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(d) advice
on significant developments, which might assist the Commission in advising
the Minister on methods he or she might adopt for the management of salmon
stocks.
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GIVEN under my hand,
18th September 2006.
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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 provide for revised terms of reference and procedures
for the National Salmon Commission and its Standing Scientific Committee.
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