S.I. No. 628/2006 - Fisheries (Commercial Fishing Licences) (Alteration of Duties) Order 2006


STATUTORY INSTRUMENTS

S.I. No. 628 of 2006


Fisheries (Commercial Fishing Licences) (Alteration of Duties) Order 2006.

S.I. No.628 of 2006 .

Fisheries (Commercial Fishing Licences) (Alteration of Duties and Fees) Order 2006.

I, John Browne, Minister for Communications, Marine and Natural Resources, in exercise of the powers conferred on me by sections 68(4)(b) (as amended by section 4 of the Fisheries (Amendment) Act 1976 (No. 23 of 1976) (“Act of 1976”)), 159(5)(a) (inserted by section 20 of the Fisheries (Amendment) Act 1994 (No. 23 of 1994)), 160(5)(a) (as so inserted) and 279(2) (as amended by section 4 of the Act of 1976) of the Fisheries (Consolidation) Act 1959 (No. 14 of 1959), 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 ), hereby make the following order with respect to which, pursuant to sections 68(7) and 279(4) (inserted by section 3 of the Act of 1976) of the Fisheries (Consolidation) Act 1959 , a draft has been laid before each House of the Oireachtas and a resolution approving of the draft has been passed by each such House:

1.  This Order may be cited as the Fisheries (Commercial Fishing Licences) (Alteration of Duties and Fees) Order 2006.

2.  This Order has effect as respects licences issued or renewed for a period commencing on or after 1 January 2007.

3.  In this Order -

“Act of 1994” means Fisheries (Amendment) Act 1994 (No. 23 of 1994);

“Principal Act” means Fisheries (Consolidation) Act 1959 (No. 14 of 1959);

“Order of 2005” means Fisheries (Miscellaneous Commercial Licences) (Alteration of Duties) Order 2005 ( S.I. No. 793 of 2005 ).

4.  The amount of the ordinary licence duty in respect of an ordinary fishing licence authorising the use of a fishing engine of a kind specified in column (2) of the Schedule at any reference number is altered to the amount specified in column (3) of the Schedule at that reference number.

5.  The licence duty in respect of an oyster fishing licence is altered to €94.

6.  The amount standing specified in section 159(1)(b)(ii) (inserted by section 20 of the Act of 1994) of the Principal Act (altered by Regulation 5 of the Order of 2005) is altered, in lieu of that amount, to €122.

7.  The amount standing specified in section 160(1)(b) (inserted by section 20 of the Act of 1994) of the Principal Act (altered by Regulation 6 of the Order of 2005) is altered, in lieu of that amount, to €122.

8.  The Order of 2005 is revoked with effect from 1 January 2007.

SCHEDULE

Article 4

Reference Number

Kind of Engine

Annual Licence Duty

(1)

(2)

(3)

 

 

1.

Stake net or fly net

674

2.

Bag net

380

3.

Head weir

136

4.

Draft net

380

5.

Snap net

160

6.

Pole net

64

7.

Loop net

42

8.

Box for taking salmon in a fishing weir or a fishing mill dam

276

9.

Eye, gap or basket for taking eels in or o n a fishing weir or a fishing mill dam

94

10.

Eel trap as used under licence in the No. 171 or Drogheda District in the Eastern Fisheries Region and in the No. 13 or Ballyshannon District in the Northern Fisheries Region.

154

11.

Long line for eels

94

12.

Coghill net for eels

94

13.

Fyke nets for eels

€94 for a train of 20 nets or less together with, in case the train is of more than 20 nets, €4.70 for each net in excess of 20.

 

GIVEN under my hand,

15 December 2006.

 

John Browne,

 

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 prescribes the licence fees to be payable from 1 January 2007 in respect of salmon commercial fishing licences including a salmon conservation levy equivalent to 50% of the licence fee. The proceeds of this levy will be invested in wild salmon management initiatives designed to rehabilitate wild salmon stocks and habitats. The Order also prescribes the licence fees to be payable in respect of eel and oyster commercial fishing licences and salmon, eel and molluscan shellfish dealers' licences issued or renewed for a period commencing on or after 1 January 2007.