S.I. No. 795/2007 - Special Tidal Waters (Special Local Licences) (Alteration of Duties) Order 2007.


S.I. No. 795 of 2007

SPECIAL TIDAL WATERS (SPECIAL LOCAL LICENCES) (ALTERATION OF DUTIES) ORDER 2007.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 11th December, 2007.

I, EAMON RYAN, Minister for Communications, Energy and Natural Resources, in exercise of the powers conferred on me by section 74(6) of the Fisheries (Consolidation) Act 1959 (No. 14 of 1959) and the Fisheries (Transfer of Departmental Administration and Ministerial Functions) Order 1977 ( S.I. No 30 of 1977 ) (as adapted by the Communications, Marine and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2007 ( S.I. No. 706 of 2007 )), with the consent of the Minister for Finance, in so far as it relates to the licence duty to be paid in respect of special local licences, hereby order as follows:

1. This Order may be cited as the Special Tidal Waters (Special Local Licences) (Alteration of Duties) Order 2007.

2. This Order comes into operation on 1 January 2008 and has effect as respects licences issued or renewed for a period commencing on or after that day.

3. In this Order “Order of 2006” means Special Tidal Waters (Special Local Licences Alteration of Duties) Order 2006 ( S.I. No. 671 of 2006 ).

4. The River Erne (Special Local Licences) Order 1934 (S.R. & O. No. 178 of 1934) is amended by substituting for Article 4 (inserted by Article 4 of the Order of 2006) the following:

“4. (1) The licence duty to be paid in respect of every special local licence to use a draft net granted under this Order is €398.

(2) Subject to paragraph (3), the licence duty to be paid in respect of every special local licence to fish for salmon with a single rod and line granted under this Order is €100.

(3) Where a special local licence to fish for salmon with a single rod and line is granted under this Order for any year to a person to whom a salmon rod (annual) ordinary licence has been granted for that year, the licence duty payable in respect of such special local licence is reduced by €74.”.

5. The River Owenea and Owentocker (Special Local Licences) Order 1935 (S.R. & O. No. 39 of 1935) is amended by substituting for Article 4 (inserted by Article 5 of the Order of 2006) the following:

“4. The licence duty to be paid in respect of every special local licence to use a draft net granted under this Order is €545.”.

6. The River Lackagh (Special Local Licences) Order 1943 (S.R. & O. No. 15 of 1943) is amended by substituting for Article 4 (inserted by Article 6 of the Order of 2006) the following:

“4 (1) The licence duty to be paid in respect of every special local licence to use a draft net granted under this Order is €545.

(2) Subject to paragraph (3), the licence duty to be paid in respect of every special local licence to fish for salmon with a single rod and line granted under this Order is €100.

(3) Where a special local licence to fish for salmon with a single rod and line is granted under this Order for any year to a person to whom a salmon rod (annual) ordinary licence has been granted for that year, the licence duty payable in respect of such special local licence is reduced by €74.”.

7. The Rivers Owenmore and Owenduff (Special Local Licences) Order 1967 ( S.I. No. 34 of 1967 ) is amended by substituting for Article 3 (inserted by Article 7 of the Order of 2006) the following:

“3. (1) The licence duty to be paid in respect of every special local licence to use a draft net granted under this Order is €545.

(2) Subject to paragraph (3) of this Article the licence duty to be paid in respect of every special local licence to fish for salmon with a single rod and line granted under this Order is €100.

(3) Where a special local licence to fish for salmon with a single rod and line is granted under this Order for any year to a person to whom a salmon rod (annual) ordinary licence has been granted for that year, the licence duty payable in respect of such special local licence is reduced by €74.”.

8. The Order of 2006 is revoked.

The Minister for Finance consents to the making of the foregoing Order.

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GIVEN under the Official Seal of the Minister for Finance,

26 November 2007

BRIAN COWEN.

Minister for Finance.

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GIVEN under my Official Seal,

28 November 2007

EAMON RYAN.

Minister for Communications, Energy 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 2008 in respect of special local salmon 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.