The Mussels (Prohibition of Fishing) Regulations (Northern Ireland) 2013

Citation and commencement N.I.

1.  These Regulations may be cited as the Mussels (Prohibition of Fishing) Regulations (Northern Ireland) 2013 and come into operation on 8^th February 2013.

Application N.I.

2.—(1) Subject to paragraph (2), these Regulations apply in the Northern Ireland zone.

(2) These Regulations do not apply to fishing vessels within the meaning of [F1 Article 4(1)(4) of Regulation (EU) No 1380/2013 of the European Parliament and of the Council on the Common Fisheries Policy, as last amended by Regulation (EU) 2017/2092.]

Textual Amendments

F1 Words in reg. 2(2) substituted (24.12.2018) by The Environment (Miscellaneous Amendments) Regulations (Northern Ireland) 2018 (S.R. 2018/200), reg. 1(1), Sch. 4 para. 7

Interpretation N.I.

3.  In these Regulations—

“the Act” means the Fisheries Act (Northern Ireland) 1966;

“mussels” means shell-fish of the species Mytilus Edulis;

“mussel seed licence” means a licence granted by the Department under section 4 of the Sea Fish (Conservation) Act 1967 M1 for the collection of mussel seed.

Marginal Citations

M1 1967 c.84. Section 4 was substituted by 1976 c.86 section 3 and amended by 1981 c.29 section 20, 1992 c.60 section 1 and S.I. 1999/1820 article 4, Schedule 2, Part 1, paragraph 43. By virtue of article 3(1) of, and paragraph 3(1)(d) of Schedule 1 to, S.I. 2002/790, the functions of the Ministers exercisable under section 4 of the 1967 Act in relation to the granting of licences authorising fishing within the Northern Ireland zone were transferred to the Department of Agriculture and Rural Development but, by virtue of paragraph 3(2)(a), the Ministers retain a concurrent function to grant licences authorising fishing by British fishing boats, other than Northern Ireland fishing boats, within the Northern Ireland zone.

Prohibition of fishing N.I.

4.  Subject to regulation 6, fishing for mussels other than for direct human consumption is prohibited.

Prohibition of retaining on board N.I.

5.  Subject to regulation 6, retaining mussels, other than mussels taken for direct human consumption, on board any sea-fishing boat is prohibited.

Exemptions N.I.

6.  Regulation 4 and 5 do not apply in relation to any person operating under the authority and in accordance with the terms and conditions of—

(a) a fish culture licence granted under section 11 of the Act;

(b) a permit granted under section 14 of the Act; or

(c) a mussel seed licence.

Revocation N.I.

7.  The Mussels (Prohibition of Fishing) Regulations (Northern Ireland) 1999 M2 are revoked.

Marginal Citations

M2 S.R. 1999 No.423

Sealed with the Official Seal of the Department of Agriculture and Rural Development on 3^rd January 2013.

L.S.

John Speers

A senior officer of the

Department of Agriculture and Rural Development