S.I. No. 82/1972 - Control of Fishing For Salmon (Lough Swilly) Order, 1972.

S.I. No. 82 of 1972.

CONTROL OF FISHING FOR SALMON (LOUGH SWILLY) ORDER, 1972.

I, JOHN FAHEY, Parliamentary Secretary to the Minister for Agriculture and Fisheries in exercise of the powers conferred on me by section 29 of the Fisheries (Amendment) Act, 1962 (No. 31 of 1962), and the Fisheries (Transfer of Departmental Administration and Ministerial Functions) Order, 1965 ( S.I. No. 83 of 1965 ) (as adapted by the Agriculture (Alteration of Name of Department and Title of Minister) Order, 1965 ( S.I. No. 146 of 1965 ), and the Fisheries (Delegation of Ministerial Functions) Order, 1970 ( S.I. No. 123 of 1970 )), hereby order as follows:

1. This Order may be cited as the Control of Fishing for Salmon (Lough Swilly) Order, 1972.

2. This Order shall come into operation on the 27th day of March, 1972.

3. In this Order "the Board" means the Letterkenny Board of Conservators.

4. This Order applies to all the tidal waters of Lough Swilly, including tidal creeks and tributaries, lying southwards of a line drawn from Fanad Head to Dunaff Head from the most northerly point at the high water mark of the townland of Arryheernabin, barony of Kilmacrenan, to the most westerly point at the high water mark of the townland of Dunaff, barony of Inishowen East, all in the county of Donegal.

5. (a) The maximum number of drift net licences, which the Board may issue in any year in respect of the waters to which this Order applies, shall not exceed eighteen.

(b) In allocating licences, preference shall be given by the Board to a person who—

(i) held drift net licences or was a member of the crew of a fishing vessel in any three of the six years between 1962 and 1967,

(ii) derived a substantial part of his livelihood from fishing in these years, and

(iii) resides within the Letterkenny Fishery District, provided always that not more than one person in any household may hold a drift net licence.

6. (a) Where the number of applications for drift net licences from persons to whom preference is to be given under Article 5 (b) of this Order exceeds eighteen, the Board shall determine, having regard to the number of years between 1962 and 1967 in which a drift net licence was held by the person and the proportion and amount of his livelihood in each of those years that an applicant derived from fishing, which of those persons are to be given preference in the allocation of the drift net licences and if—

(i) the Board determines that eighteen persons are to be given preference, the Board shall thereupon allocate drift net licences to those persons, or

(ii) the Board determines that there are more than eighteen persons to whom preference is to be given, the Chairman of the Board shall, in the presence of two witnesses, select by lot eighteen of those persons, and the Board shall allocate drift net licences to the eighteen persons so selected.

(b) Where the number of applications for drift net licences from persons to whom preference is to be given under Article 5 (b) of this Order is less than eighteen, the Board shall allocate drift net licences to those persons and shall, determine, either by lot or otherwise, the other persons to whom drift net licences shall be allocated.

7. An application for a drift net licence for fishing in the waters to which this Order applies shall be made to the Board and shall be in the form specified in the Schedule to this Order.

SCHEDULE.

FORM OF APPLICATION FOR A LICENCE FOR A DRIFT NET TO BE FISHED IN LOUGH SWILLY.

To: Clerk Letterkenny Board of Conservators.
I............................................................ ............................................................ ...............Name of............................................................ ............................................................ ............Address					Block letters
............................................................ .........................................
County............................................................ ...........................
HEREBY DECLARE THAT
(a) I held Licences as follows during the years 1962 to 1967:—
	Year	Class of Net		Licence Number
	1962	..........................		..................................
	1963	..........................		..................................
	1964	..........................		..................................
	1965	..........................		....................................
	1966	..........................		...................................
	1967	..........................		..................................
or (b) I did not hold a net licence in any of those years but was a member of
	the crew of Mr............................................................ .............................................
	of............................................................ ............................................................ .......
	County................................to whom was issued Licences for a drift net in the above years. (Delete whichever section does not apply in your case).
	I HEREBY APPLY for a drift net licence for the 1972 season
	AND I FURTHER DECLARE THAT the following persons have agreed to assist me in the operation of the net:—
	(1)............................................................ ............of ...............................................
	(2)............................................................ ............of ...............................................
	(3)............................................................ ...........of ................................................
	(4)............................................................ ............of ................................................
	Signature of Applicant............................................................ .....................................
THE CERTIFICATE FOLLOWING MUST BE COMPLETED IN EVERY APPLICATION.
*I............................................................ ...................certify that Mr. ..................................
who is known to me, signed this form in my presence. To the best of my knowledge he resides at the address stated in this application.
			Signature............................................................ ................
			Qualification ............................................................ ..........
			Place of residence ............................................................ ..
			............................................................ .......................

Official Stamp

NOTE:

*The signature of the applicant for a licence must be witnessed by either a Clergyman or a member of the Garda Siochána of the rank of Sergeant or above. The application duly completed must reach the Board not later than

............................................................ ............................................................ ..................

GIVEN under my hand, this 23rd day of March, 1972.

JOHN FAHEY,

Parliamentary Secretary to the Minister for Agriculture and Fisheries.

EXPLANATORY NOTE.

The Order limits to eighteen the number of licences that may be issued for drift netting for salmon in Lough Swilly and prescribes the method of allocating the licences.