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Notice of the making of this Statutory Instrument was published in |
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"Iris Oifigiúil" of 20th August, 2010. |
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I, BRENDAN SMITH, Minister for Agriculture, Fisheries and Food, in exercise of the powers conferred on me by section 3 of the section 32 of the British-Irish Agreement Act 1999 ", |
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(i) by the substitution, for Regulation 19(1), of- |
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"19. (1) A person shall not use a vessel, vehicle or aircraft specially designed or adapted wholly for that purpose to transport an aquaculture animal unless his or her name and details of the means of transport are entered in a register, ("aquaculture animal transport register") maintained by the Marine Institute or the competent authority of another member state.", |
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(j) by the insertion, after Regulation 22(3), of- |
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"(3A) A person who sells or supplies an aquaculture animal or product shall maintain such records as are directed to be kept by the Marine Institute.", |
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(k) by the substitution, for Regulation 37(1), of- |
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"37. (1) A person who- |
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(a) imports fish of the family Cyprinidae in contravention of Article 1 of Commission Regulation No. 1252/2008 of 12 December 2008, |
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(b) has in his or her possession or under his or her control, sells or supplies a fish that has been imported in contravention of Article 1 of Commission Regulation No. 1252/2008 of 12 December 2008, or |
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(c) contravenes or aids or abets a contravention of Regulation 4, 5, 6(1), (2), 7(1), (2), 7A, 9, 10(4), 11(2), (5), 11A(1), 12(4), 13(1), (4), 16(1), 17(1), (6), 19(1), 20, 21, 22, 23(1), (3), (6), 24(1), (5), 26, 27, 29(2), 30(3), 31(7), 33 or 34 of these Regulations, |
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commits an offence. |
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(1A) A person who- |
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(a) moves an ornamental aquatic animal in contravention of Article 4, |
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(b) moves an aquaculture animal in contravention of Article 5, |
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(c) moves an aquaculture animal or product intended for further processing before human consumption in contravention of Article 6, |
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(d) moves live molluscs or crustaceans in contravention of Article 7, |
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(e) moves an aquaculture animal or product from a member state, zone or compartment subject to disease control measures in contravention of Article 8, |
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(f) moves an aquaculture animal intended for farming, a relaying area, a put and take fishery, an open ornamental facility or restocking that is not accompanied by a certificate, in contravention of Article 8a, |
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(g) introduces a live aquaculture animal or mollusc in contravention of Article 9, |
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(h) imports an aquaculture animal intended for a farm, relaying area, put and take fishery or open ornamental facility in contravention of Article 10, |
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(i) imports an ornamental fish intended for a closed ornamental system other than in accordance with Article 11, |
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(j) imports an aquaculture animal or product intended for human consumption in contravention of Article 12, |
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(k) transports an aquaculture animal in contravention of Article 14, |
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(l) handles or releases an aquaculture animal in contravention of Article 15, |
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(m) deals with transport water in contravention of Article 15(3), |
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(n) deals with a consignment in transit in contravention of Article 16, |
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(o) otherwise contravenes a provision (cited in this paragraph), |
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of Commission Regulation (EC) No. 1251/2008 of 12 December 2008 (as amended by Commission Regulation (EC) No. 719/2009 of 6 August 2009 and Commission Regulation (EU) No. 346/2010 of 15 April 2010) commits an offence. |
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(1B) A person who- |
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(a) moves oysters (Crassostrea gigas) from a containment area in contravention of Article 3, or |
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(b) places oysters obtained from a containment area on the market in contravention of Article 5, |
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of Commission Regulation (EU) No. 175/2010 of 2 March 2010, commits an offence. |
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(1C) A person who, with respect to spring viraemia of carp (SVC), bacterial kidney disease (BKD), infectious pancreatic necrosis virus (IPN), koi herpes virus (KHV) or infection with Gyrodactylus salaries (GS), introduces or attempts to introduce- |
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(a) an aquaculture animal intended for farming, a relaying area, a put and take fishery, an open ornamental facility or restocking in contravention of the marketing, import or transit and storage requirements specified in Article 2(2)(a), or |
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(b) an ornamental aquatic animal intended for a closed ornamental facility in contravention of the import or transit and storage requirements specified in Article 2(2)(b), |
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of the Commission Decision, commits an offence. |
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(1D) A person convicted of an offence under these Regulations is liable- |
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(a) on summary conviction, to a fine not exceeding €5,000, or to imprisonment for a term not exceeding 6 months, or to both, or |
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(b) on conviction on indictment- |
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(i) in the case of a first offence, to a fine not exceeding €100,000, or to imprisonment for a term not exceeding 1 year, or to both, or |
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(ii) in the case of a second or subsequent offence to a fine not exceeding €250,000, or to imprisonment for a term not exceeding 3 years, or to both.", and |
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(l) by the insertion, after Regulation 43, of- |
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Regulation 11A |
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Schedule |
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1.That part of Cork Harbour bounded by the high water mark and enclosed by a line drawn in a westerly direction from the most westerly point of the high water mark at Roches Point in the townland of Trabolgan barony of Imokilly, County of Cork E.R. to the most easterly high water mark at Weaver Point in the townland of Crosshavenhill barony of Kerrycurrihy, County of Cork E.R. |
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2.That part of Galway Bay bounded by the high water mark and enclosed by a line drawn in a northerly direction from the most northerly point of the high water mark at Black Head in the townland of Murroughtoohy North, barony of Burren, County of Clare to the most southerly point of the high water mark of the townland of Spiddle Middle, barony of Moycullen, County of Galway. |
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3.That part of Clew Bay bounded by the high water mark and enclosed by a line drawn in a northerly direction from the most northerly point of the high water mark at Old Head in the townland of Oldhead, barony of Murrisk, County of Mayo to the most easterly point of the high water mark at Gubbaun Point in the townland of Dooghbeg barony of Burrishoole, County of Mayo. |
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4.That part of Ballynakill Harbour bounded by the high water mark and enclosed by a line drawn in a southerly direction from the most westerly point of the high watermark at Tonabinnia Head in the townland of Letter More, barony of Ballynahinch, County of Galway to the most northerly point of the high water mark at the boundary of the townlands of Ardkyle and Ross both in the barony of Ballynahinch, County of Galway. |
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5.That part of Tullaghan Bay, Bellacragher Bay and Achill Sound bounded by the high water mark and enclosed by a line drawn from the most northerly point of the high water mark at Ridge Point in the townland of Tonatannally and terminating at the most southerly point of the high water mark of the townland of Doohooma and by a line drawn due east from the most easterly point of the high water mark at Darbys Point in the townland of Cloghmore and terminating at the high water mark of the townland of Gubnahardia. |
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6.That part of Blacksod Bay bounded by a point near Portmore beach on the southern tip of the Erris peninsula to the northwest corner of Achill Island known as Gubroenacoragh incorporating the three islands of Duvillaun More, Duvillaun Beag and Gaghta that are located at the mouth of the bay. |
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7.That part of Lough Swilly bounded by the high water mark and enclosed by a line drawn in an easterly direction from the easterly point of the high water mark at Fanad Head in the townland of Arryheernabin, barony of Kilmacrenan, County of Donegal to the most westerly point of the high water mark at Dunaff Head in the townland of Dunaff, barony of Inishowen East, County Donegal. |
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8.That part of Lough Foyle that lies within the jurisdiction of the State and is bounded by the high water mark and enclosed by a line drawn between the most northerly point of the high water mark of Greencastle Fort in the County of Donegal and the most northerly part of the high water mark at Martello Tower at Magilligan Point in the County of Londonderry in Northern Ireland. |
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GIVEN under my Official Seal, |
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11 August 2010. |
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BRENDAN SMITH, |
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Minister for Agriculture, Fisheries and Food. |
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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 amend the European Communities (Health of Aquaculture Animals and Products) Regulations 2008 ( S.I. No. 261 of 2008 ), to take account of developments at European Union level. |
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1 O.J. L 337 of 16.12.2008, p. 41. 2 O.J. L 337 of 16.12.2008, p.76. 3 O.J. L 337 of 16.12.2008, p. 94. 4 O.J. L 63 of 7.3.2009, p. 15. 5 O.J. L 205 of 7.8.2009, p. 10. |