S.I. No. 129/2007 - Control of Fishing for Salmon Order 2007

S.I. No. 129 of 2007

Control of Fishing for Salmon Order 2007

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 29 (as amended by paragraph 4 of Part II of the Fourth Schedule to the Fisheries Act 1980 (No. 1 of 1980)) of the Fisheries (Amendment) Act 1962 (No. 31 of 1962), the Fisheries (Transfer of Departmental Administration and Ministerial Functions) Order 1977 (S.I. No. 30 of 1977) (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) and the Marine (Delegation of Ministerial Functions) (No. 4) Order 2006 (S.I. No. 543 of 2006)), and having complied with the requirements of Regulation 31 of the European Communities (Natural Habitats) Regulation 1997 (S.I. No. 94 of 1997), hereby make the following regulations:

1. This Order may be cited as the Control of Fishing for Salmon Order 2007.

2. In this Order -

“Order of 2005” means Control of Fishing for Salmon Order 2005 (S.I. No. 72 of 2005);

“available unallocated draft net licences in 2007” means the number of draft net licences in any fishery district available for allocation under this Order up to the maximum level that may be awarded in the year 2007 for that district that become available because a person who would otherwise qualify for a licence becomes ineligible to apply where he or she accepts an offer under the hardship fund in that year;

“draft net” includes a single wall of netting attached to a floating head rope and a weighted ground rope, designed so that a bag is formed into which the catch is drafted or hauled, for the purpose of taking or fishing for, or attempting to take or to fish for, salmon;

“drift net” includes a single sheet of netting attached to a floating head rope and a weighted ground rope, designed to drift freely at the surface of waters for the purpose of taking or fishing for or attempting to take or to fish for salmon, to which net or ropes no weights or anchoring devices are attached which in any way hinder or prevent the free movement of the net in those waters;

“hardship fund” means the fund established by the Government Decision of 1 November 2006 to assist commercial salmon fishermen who previously fished in areas that have now been closed for conservation reasons and commercial salmon fishermen who cease to fish for salmon;

“illness or injury” means illness or injury other than illness or injury that renders a person totally incapacitated by physical or mental infirmity from maintaining himself or herself;

“loop net” includes a net that is attached to a wooden frame that is no larger than 20 feet long and 6 feet wide at its widest end, designed so that the net forms a bag when the frame is held upright when fishing, allowing the catch to enter the net, for the purpose of taking or fishing for, or attempting to take or fish for salmon;

“snap net” includes a single wall of netting attached to a floating head rope and a weighted ground rope, designed to suspend between two boats and into which the catch is drawn, for the purpose of taking or fishing for, or attempting to take or to fish for salmon.

3. This Order applies to -

(a) all of the waters of the fishery districts referred to in column (1) of Schedule 1, and

(b) all fishing licences for any kind of fishing engine for the taking of salmon, except for fishing licences in respect of a rod and line.

4. A person who accepts an offer under the hardship fund in the year 2007 is not eligible to apply for any commercial fishing licence under this Order.

5. (1) (a) Subject to subparagraph (c), the maximum number of fishing licences for any kind of fishing engine for the taking of salmon mentioned in column (2) of Schedule 1, which the regional board in whose fisheries region is situated the fishery district mentioned in column (1) of Schedule 1 opposite the mention of that kind of fishing engine, may issue in any year for the district shall not exceed the number specified in column (3) of Schedule 1 opposite the mention of that kind of fishing engine.

(b) A regional board shall not issue any fishing licences for any fishery district situated within its fisheries region for any kind of fishing engine for the taking of salmon which is not mentioned in column (2) of Schedule 1 opposite the mention of the fishery district in column (1) of that Schedule.

(c) The maximum number of fishing licences for any kind of fishing engine for the taking of salmon in any year issued in respect of that year, shall not exceed the average number of such licences issued each year in the 3 years prior to that year. The average number shall be determined by dividing the total number of licences duly issued in that 3 year period by 3.

(2) A regional board shall not issue a fishing licence, for any kind of fishing engine for the taking of salmon -

(a) to the person paying the licence duty on such engine, or

(b) if the licence operates to authorise the use of the engine to which it relates by any person named in the licence, the person so named,

unless the person referred to at paragraph (a) and, if applicable, paragraph (b) -

(i) has attained the age of 18 years on the date on which the application is made, and

(ii) provides satisfactory evidence of his or her date of birth.

6. Subject to Article 7, a regional board, when considering an application for fishing licences for any kind of fishing engine for the taking of salmon mentioned in column (2) of Schedule 1 opposite the mention of the fishery district in column (1) of that Schedule, shall consider the applications, and, if satisfied having regard to its functions that it is appropriate to do so, shall issue the licences in the following order, that is to say -

(a) first, to persons who -

(i) have held a fishing licence in respect of the kind of fishing engine, and to fish the waters, in respect of which the application is made for all of the 3 years prior to the year in which the application for the fishing licence is made, and

(ii) have fished in accordance with the fishing licence themselves and did not permit fishing to take place in any of those years under the authority of their licence by any other person,

(b) second, to persons -

(i) who have held a fishing licence in respect of the kind of fishing engine, and to fish the waters, in respect of which the application is made for all of the 3 years prior to the year in which the application for the fishing licence is made,

(ii) who have failed to be present during all of the fishing operations to which the licence applies in any or in any part of the fishing seasons in those 3 years due to illness or injury, in respect of which illness or injury the licence holder has furnished satisfactory written evidence to the regional board, and

(iii) whose fishing licence operates to authorise the use of the engine to which it relates by any person named in the licence and who nominated the person so named to fish in accordance with the licence, and the person so nominated fished in accordance with the fishing licence,

(i) have held a fishing licence in respect of the kind of fishing engine, and to fish the waters, in respect of which the application is made for all of the 2 years prior to the year in which the application for the fishing licence is made and,

(ii) have fished in accordance with the fishing licence themselves and did not permit fishing to take place in any of those years under the authority of their licence by any other person,

(d) fourth, to persons -

(i) who have held a fishing licence in respect of the kind of fishing engine, and to fish the waters, in respect of which the application is made for all of the 2 years prior to the year in which the application for the fishing licence is made,

(ii) who have failed to be present during all of the fishing operations to which the licence applies in any or in any part of the fishing seasons in those 2 years due to illness or injury, in respect of which illness or injury the licence holder has furnished satisfactory written evidence to the regional board, and

(e) fifth, to persons who -

(i) have held a fishing licence in respect of the kind of fishing engine, and to fish the waters, in respect of which the application is made for all of the year prior to the year in which the application for the fishing licence is made and,

(ii) have fished in accordance with the fishing licence themselves and did not permit fishing to take place in that year under the authority of their licence by any other person,

(f) sixth, to persons -

(i) who have held a fishing licence in respect of the kind of fishing engine, and to fish the waters, in respect of which the application is made for the year prior to the year in which the application for the fishing licence is made,

(ii) who have failed to be present during all of the fishing operations to which the licence applies in any or in any part of the fishing seasons in that year due to illness or injury, in respect of which illness or injury the licence holder has furnished satisfactory written evidence to the regional board, and

(g) seventh, to persons who -

(i) did not hold a fishing licence in respect of the kind of fishing engine, and to fish the waters, in respect of which the application is made in the year prior to the year in which he or she makes the application for a fishing licence but who did hold such a fishing licence for the 2 years prior to that year, and

(ii) have fished in accordance with the fishing licence themselves and did not permit fishing to take place in any of those years under the authority of their licence by any other person,

(h) eighth, to persons -

(i) who did not hold a fishing licence in respect of the kind of fishing engine, and to fish the waters, in respect of which the application is made in the year prior to the year in which he or she makes the application for a fishing licence but who did hold a fishing licence for the 2 years prior to that year,

(i) ninth, to persons who -

(i) did not hold a fishing licence in respect of the kind of fishing engine, and to fish the waters, in respect of which the application is made in the year prior to the year in which they make the application for a fishing licence but who did hold such a licence in the year prior to that year, and

(ii) have fished in accordance with the fishing licence themselves and did not permit fishing to take place in any of those years under the authority of their licence by any other person,

(j) tenth to persons -

(i) who did not hold a fishing licence in respect of the kind of fishing engine, and to fish the waters, in respect of which the application is made, in the year prior to the year in which he or she makes the application for a fishing licence but who did hold a fishing licence for the year prior to that year,

(k) eleventh, to persons who -

(i) did not hold a fishing licence in respect of that kind of fishing engine, and to fish the waters in respect of which the application is made in the 2 years prior to the year in which they make the application for a fishing licence but who did hold such a licence in the year prior to those 2 years, and

(ii) have fished in accordance with the fishing licence themselves and did not permit fishing to take place in any of those years under the authority of their licence by any other person

(l) twelfth, to persons -

(i) who did not hold a fishing licence in respect of that kind of fishing engine, and to fish the waters in respect of which the application is made, in the 2 years prior to the year in which he or she makes the application for a fishing licence but who did hold a fishing licence for the year prior to those 2 years,

(m) thirteenth to persons authorised and named on a licence held by a person referred to in paragraph (b), in accordance with subparagraph (iii) of that paragraph, for all of the 3 years prior to the year in which the application for the fishing licence is made and who have fished in accordance with the licence,

(n) fourteenth, to persons authorised and named on a licence held by a person referred to in paragraph (d), in accordance with subparagraph (iii) of that paragraph, for all of the 2 years prior to the year in which the application for the fishing licence is made and who have fished in accordance with the licence,

(o) fifteenth, to persons authorised and named on a licence held by a person referred to in paragraph (f), in accordance with subparagraph (iii) of that paragraph, for all of the year prior to the year in which the application for the fishing licence is made and who have fished in accordance with the licence,

(p) sixteenth, to persons authorised and named on a licence held by a person referred to in paragraph (h), in accordance with subparagraph (iii) of that paragraph, for all of the 2 years prior to the year that is prior to the year in which the application for the fishing licence is made and who have fished in accordance with the licence,

(q) seventeenth, to persons authorised and named on a licence held by a person referred to in paragraph (j), in accordance with subparagraph (iii) of that paragraph, for all of the year prior to the year that is prior to the year in which the application for the fishing licence is made and who have fished in accordance with the licence,

(r) eighteenth, to persons authorised and named on a licence held by a person referred to in paragraph (1), in accordance with subparagraph (iii) of that paragraph, for all of the year prior to the 2 years that are prior to the year in which the application for the fishing licence is made and who have fished in accordance with the licence,

(s) nineteenth to persons who -

(i) have attained the age of 18 years on the date on which the application is made, and

(ii) provide satisfactory evidence of their date of birth.

7. (1) A regional board may issue available unallocated draft net licences to persons who held drift net, draft net, loop net and snap net licences -

(a) under the Order of 2005 for the fishery districts mentioned in column (1) Schedule 1, and

(b) for fishery districts other than the districts for which licences are available under that Order.

(2) A regional board, when considering an application for fishing licences available under paragraph (1) shall consider the applications, and, if satisfied having regard to its functions that it is appropriate to do so, shall issue the licences in accordance with the priority the applicants held under the Order of 2005.

(3) If, in respect of available unallocated licences, the number of licences is less than the number of applicants for those licences, then, after the regional board has in each case considered the applications and duly issued licences to applicants in the sequence referred to in Article 6, it shall be a matter for that regional board to determine, having regard to its functions, to whom, if to any person, to issue any licences not issued in accordance with that Article.

8. A person shall not hold, at the same time -

(a) more than one fishing licence for a particular kind of fishing engine for the taking of salmon, or

(b) a fishing licence for a particular kind of fishing engine for the taking of salmon and a fishing licence for that kind of fishing engine for the taking of salmon in the Foyle Area (within the meaning of the Foyle Fisheries Act 1952 (No. 5 of 1952)).

9. If, in respect of any kind of fishing engine for the taking of salmon mentioned in column (2) of Schedule 1, opposite the mention of the fishery district in column (1) of that Schedule, the number of licences referred to in column (3) of that Schedule is less than the number of applicants for those licences, then, after the regional board has in each case considered the applications and duly issued licences to applicants in the order referred to in Article 6, it shall be a matter for that regional board to determine, having regard to its functions, to whom, if to any person, to issue any licences not issued in accordance with that Article.

10. (1) Subject to paragraph (3), the number of fishing licences that a regional board may issue for any kind of fishing engine for the taking of salmon in a several fishery in a fishery district specified in column (1) of Schedule 1 shall not exceed-

(a) the number issued for that kind of fishing engine for the taking of salmon in the year preceding the year for which the licences are being issued,

(b) in a case where the several fishery is one in respect of which no licences for that kind of fishing engine for the taking of salmon were issued for that year, the average number of fishing licences for that kind of fishing engine for the taking of salmon issued in respect of the several fishery for the years from 1963 to 1972. The average shall be obtained by dividing the total number of licences duly issued in that 9 year period by 9, or

(c) in a case where the several fishery is one in respect of which no licences were issued for the year 1963 or since that year, one.

(2) Articles 4, 5, 6, 7, 8, 9 and 11 of this Order does not apply in respect of fishing licences for any kind of fishing engine for the taking of salmon in a several fishery.

(3) A regional board shall not issue a fishing licence for any kind of fishing engine for the taking of salmon in a several fishery unless to do so is consistent with the conservation and management of both the several and public fisheries in accordance with the Fisheries Acts 1959 to 2006.

11. (1) An application to a regional board for a fishing licence for any kind of fishing engine for the taking of salmon, other than a fishing licence under Article 7, shall be made in the form specified in Schedule 2, not later than the 13 April immediately preceding the commencement of the salmon fishing season to which the application relates and payment of the appropriate licence fee shall be made prior to issue of the fishing licence.

(2) An application to a regional board for a fishing licence under Article 7 for the taking of salmon shall be made in the form specified in Schedule 3, not later than 27 April immediately preceding the commencement of the salmon fishing season to which the application relates and payment of the appropriate licence fee shall be made prior to issue of the fishing licence.

12. The following are revoked:

(a) the Control of Fishing for Salmon Order 2005 (S.I. No. 72 of 2005), and

(b) the Control of Fishing for Salmon (Amendment) Order 2006 (S.I. No. 653 of 2006).

Schedule 1

Articles 3 , 5 , 6 and 7

Fishing Licences

(1)	(2)	(3)
Fishery District	Fishing Engine	Maximum number of fishing licences
No. 5 or Cork District	Draft Net	33
No. 7 or Kerry District	Draft Net	34
No. 8 or Limerick District	Draft Net	54
No. 10¹ or Ballinakill District	Draft Net	17
No. 10² or Bangor District	Draft Net (Special tidal waters)	25
No. 14¹ or Letterkenny District	Draft Net (Special tidal waters)	12
	Draft Net	10

Schedule 2

Article 11(1)

CONTROL OF FISHING FOR SALMON ORDER 2007

APPLICATION FOR A SALMON FISHING LICENCE (OTHER THAN ROD AND LINE)

IN THE _______________________ FISHERY DISTRICT

Part 1

Name of Applicant:_______________________________ Date of Birth:______________

Home Address:_________________________________________________________

Tel:____________________

(a) If you held a salmon net fishing licence in all, or any, of the last three salmon fishing seasons, insert in the table below the year(s) in which you held the licence and the numbers of fish caught during those years. (Alternatively, you can tick the box for number s of fish caught and the Fisheries Board will enter these details onto the form from your logbook returns during those years).

(b) If you did not hold a salmon net fishing licence for any of the last three salmon fishing seasons but were authorised and named on a licence held by a person referred to at (1), complete the table below giving appropriate details.

		Please tick if you wish these details to be taken from your logbook returns ( )
Year	Licence holder/authorised person (please state which)	No. of salmon caught	No. of sea trout over 40cm caught
1
2
3

(c) I have/have not held a salmon licence issued by the Foyle Carlingford and Irish Lights Commission during the last three years (If so give particulars).

(d) I hereby apply for a salmon fishing licence to operate a___________________ (state type of net etc.) during the___________________ season in the_______________ fishery district.

(e) I wish to have the following person authorised and named to operate the licence in my absence during the________season in accordance with the Control of Fishing for Salmon Order 2007.

Name:__________________________________ Date of Birth:___________________

Address:__________________________________________________________________________

Tel. No.:_____________________

Signature of applicant:_________________________________ Date:_________________________

Part 2

The Certificate must be completed in every application

I, _____________________ certify that Mr/Mrs/Ms ____________________

who is known to me, is ordinarily resident in the address stated in Part I and signed this form in my presence.

Signature:______________________________

Official Stamp

✱Position:___________________________

Address:__________________________

__________________________

✱Note: The signature of the applicant for a fishing licence must be witnessed by either a Peace Commissioner, a Clergyman or a member of the Garda Síochána in whose district the applicant resides.

The latest date for receipt of completed applications forms is 13 April.

Completed application forms should be sent to: The Chief Executive Officer,

✱____________ Regional Fisheries Board

_________________________

(✱Insert name of relevant fisheries region)

PARTS I AND II OF THIS APPLICATION FORM MUST BE COMPLETED BEFORE THE FORM IS RETURNED TO THE REGIONAL FISHERIES BOARD INDICATED ABOVE.

PLEASE ATTACH BIRTH CERTIFICATE OF APPLICANT AND IF APPLICABLE, OF PERSON AUTHORISED TO OPERATE THE LICENCE.

Schedule 3

Article 11(2)

CONTROL OF FISHING FOR SALMON ORDER 2007

APPLICATION FOR AN UNALLOCATED SALMON FISHING LICENCE (OTHER THAN ROD AND LINE)

IN THE______________________ FISHERY DISTRICT

Part 1

Name of Applicant:______________________________ Date of Birth:____________

Home Address:________________________________________________________________

Tel:___________________

		Please tick if you wish these details to be taken from your logbook returns ( )
Year	Licence holder/authorised person (please state which)	No. of salmon caught	No. of sea trout over 40cm caught
1
2
3

(b) I have/have not held a salmon licence issued by the Foyle Carlingford and Irish Lights Commission during the last three years (If so give particulars).

(c) I hereby apply for a salmon fishing licence to operate a DRAFT net during the___________________ season in the____________ fishery district.

Signature of Applicant:__________________________ Date:______________

Note: Nominee not applicable to unallocated licences.

Part 2

The Certificate must be completed in every application

I, ____________________ certify that Mr/Mrs/Ms_______________________

who is known to me, is ordinarily resident in the address stated in Part 1 and signed this form in my presence.

Signature:______________________________

Official Stamp

✱Position:___________________________

Address:__________________________

__________________________

The latest date for receipt of completed applications forms is 27 April 2007.

Completed application forms should be sent to: The Chief Executive Officer,

✱____________ Regional Fisheries Board

_________________________

(✱Insert name of relevant fisheries region)

PARTS I AND II OF THIS APPLICATION FORM MUST BE COMPLETED BEFORE THE FORM IS RETURNED TO THE REGIONAL FISHERIES BOARD INDICATED ABOVE.

PLEASE ATTACH BIRTH CERTIFICATE OF APPLICANT AND IF APPLICABLE, OF PERSON AUTHORISED TO OPERATE THE LICENCE.

	GIVEN under my signature, 22 March 2007.

	John Browne,
	Minister of State at the Department of Communications, Marine and Natural Resources.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

This Order authorises the issue of commercial fishing licences by regional fisheries boards and sets out the criteria under which those licences may be issued and prescribes the maximum number of commercial licences which may be issued by regional boards. The Order also provides for the allocation of licences that may become available in 2007 because a person who would be eligible to be awarded a licence accepts an offer from the hardship fund. The Order revokes the Control of Fishing for Salmon Order 2005 (S.I. No. 72 of 2005) and the Control of Fishing for Salmon (Amendment) Order 2006 (S.I. No. 653 of 2006).