S.I. No. 439/2003 - Fishery Harbour Centres (Rates and Charges) Order 2003

I, Dermot Ahern, Minister for Communications, Marine and Natural Resources, in exercise of the powers conferred on me by section 4 (2) of the Fishery Harbour Centres Act 1968 (No. 18 of 1968), as amended by the Fishery Harbour Centres Act 1980 (No. 22 of 1980), and the Marine and Natural Resources (Transfer of Departmental Administration and Ministerial Functions) Order 2002 ( S.I. No. 300 of 2002 ) (as adapted by the Communications (Alteration of Name of Department and Title of Minister) Order 2002 ( S.I. No. 307 of 2002 ), hereby order as follows:

1. This Order may be cited as the Fishery Harbour Centres (Rates and Charges) Order 2003.

2. This Order shall come into operation on 1 October 2003.

3. In this Order-

“fish” has the same meaning as in the Fisheries (Consolidation) Act 1959 (No. 14 of 1959), as amended by the Fisheries (Amendment) Act 1978 (No. 18 of 1978);

Gross Registered Tonnage (GRT) and Gross Tonnage (GT) are regarded as equivalent for the purpose of levying rates or charges;

“length”, in relation to a vessel, means the overall length of the vessel;

“the Minister” means the Minister for Communications, Marine and Natural Resources.

4. (1) Each rate or charge specified in column (3) of Schedule 1 and 2 to this Order at a particular charge number is hereby fixed as the rate or charge for the use of the facility or service described in column (2) of the respective Schedule at that charge number in the following Fishery Harbour Centres:

(a) Castletownbere Fishery Harbour Centre;

(b) Dunmore East Fishery Harbour Centre;

(d) Killybegs Fishery Harbour Centre;

(e) Rossaveel Fishery Harbour Centre.

(2) The rates or charges in Schedule 2 of this Order are hereby fixed as the maximum rates or charges chargeable in respect of the use of the facility or service described.

(3) The rates or charges specified in the Schedules to this Order in respect of a year, month, week or day apply to the full period or part thereof as the case may be.

5. (1) A rate or charge fixed by this Order shall be paid to the Minister by the person using the facility or service concerned.

(2) The amount of any rate or charge payable under this Order may be recovered by the Minister either as a simple contract debt in a court of competent jurisdiction or by distress and sale of any vessel or goods in respect of which the rate or charge is payable.

(3) In the event that any rate or charge is in arrears by ninety days or more the Minister may withdraw all services from that vessel or any other vessel owned by the same person and refuse entry to any of the Fishery Harbour Centres to which this Order applies until such time as the debt is discharged.

6. (1) Subject to paragraph (2) the rates and charges fixed by this Order shall be in lieu of any tolls, rates or charges which, immediately before the commencement of this Order, were in force in respect of any Fishery Harbour Centre to which this Order relates.

(2) Without prejudice to the due collection of rates and charges due thereunder (including annual charges straddling the years 2003 and 2004), the Fishery Harbour Centres (Rates and Charges) Order 1990 ( S.I. No. 239 of 1990 ) is hereby revoked.

SCHEDULE 1

Charge Number	Description of Facility or Service	Rate or Charge
(1)	(2)	(3)
1	Annual composite harbour entry charge for any fishing vessel using the facilities at any one or more than one or every Fishery Harbour Centre.	€3.00 per gross registered tonne payable in advance on or before 1 January each year or on first entry to any Fishery Harbour Centre after 1 January each year.
2	Single harbour entry charge for any fishing vessels using the harbour facilities.	€0.50 per gross registered tonne
3	Harbour entry charge for merchant vessel.	€0.50 per gross registered tonne
4	Use of harbour in connection with discharging of fish-
	(a) Value 0 -€500 per tonne	€4.00 per tonne/ €0.20 per 50 kg
	(b) Value €501-€10,000 per tonne	€10.00 per tonne/ €0.50 per 50kg
	(c) Value €10,001 or more per tonne	€40.00 per tonne/ €2.00 per 50 kg
		Value to be based on average price in the relevant harbour in the previous year as determined by the Minister.
	(d) Landings of mackerel and horse mackerel, over two tonnes.	€10.00 per tonne/ €0.50 per 50 kg
	(e) fish for reduction to fishmeal	€2.00 per tonne/ €0.10 per 50 kg.
5	(a) Use of harbour in connection with the loading of frozen fish and loading and discharging of other cargo 1 - 150 tonnes	€1.25 per tonne
	(b) Use of harbour in connection with the loading of frozen fish and loading and discharging of other cargo greater than 150 tonnes	€2.50 per tonne
6	Use of harbour by non fishing vessels for purpose other than loading or discharging.	€0.30 per gross registered tonne per week
	(a) after 7 days
	(b) after 28 days	€1.00 per gross registered tonne per week
7	Use of harbour by vessels not registered or not licensed or deregistered, hulks or derelicts.
	(a) (i) up to 20m in length for first four weeks	€75 per week
	(ii) for second four weeks	€150 per week
	(iii) for third four weeks	€300 per week
	(iv) for thereafter	€500 per week
	(b) (i) over 20m in length for first four weeks	€100 per week
	(ii) for second four weeks	€200 per week
	(iii) for third four weeks	€400 per week
	(iv) for thereafter	€1,000 per week
8	Unauthorised use of berth or mooring	€500.00 per day
9	Use of fresh water (mandatory on all vessels operating from the harbour)
	(a) White fish vessel	€30.00 per month per vessel or €2.50 per tonne metered
	(b) Pelagic (excluding vessels landing blue whiting)	€90.00 per month per vessel or €2.50 per tonne metered
	(c) All other vessels	€2.50 per tonne metered
10	(a) Use of harbour by passenger or cruise vessels with a permitted complement of 100 passengers or more. This charge will be payable monthly.	€1.20 per passenger, per departure on a monthly basis from 1 May 2004
	The charge will be reduced by €0.40 per passenger, per departure in respect of multiple journey tickets (5 return journeys or more). To avail of this reduction the vessel operator must provide satisfactory evidence to the Harbour Master of such multiple journey ticket sales on a monthly basis.
	(b) Use of harbour by passenger vessel with a permitted complement of 13 to 99 passengers	€40.00 per entry, or €4,000.00 per calendar year payable in advance
	(c) Use of harbour by small passenger boats licensed to carry 7 to 12 passengers	€15.00 for entry, or €1,000.00 per calendar year payable in advance
	(d) Use of harbour by small passenger boats licensed to carry up to 6 passengers	€10.00 per entry or €500.00 per calendar year payable in advance
	In the absence of accurate passenger numbers the permitted vessel Passenger Certificate complement will be charged per departure
11	(a) Use of slipway for launch and recovery of leisure craft (except boats serving swinging moorings)	€2.00 per day or €25.00 per annum
	(b) Use of slipway for inspection/ wash down of fishing vessel or pleasure craft	€30.00 per day
	(c) Use of slipway for inspection/ wash down of passenger vessel capable of carrying more than 12 passengers	€100.00 per day
12	Use of syncrolift-
	(a) Lifting and lowering	€20.00 per metre length
	(b) Transferring to loading bay	€10.00 per metre length
	(c) Standing in repair bay 1 to 10 days	€100.00 per day
	(d) Standing in repair bay 11 to 21 days	€200.00 per day
	(e) Standing in repair bay 22 days and over	€400.00 per day
	(f) Standing in covered repair bay	€50.00 per day extra
	(g) Supply of waste skip	€250.00 per lift
	(h) Supply of water	€30.00 per day

SCHEDULE 2

Charge Number	Description of Facility or Service	Rate or Charge
(1)	(2)	(3)
		€250.00
1	Miscellaneous pier cleaning and disposal of abandoned waste excluding cost of materials
2	Goods improperly stored or causing an obstruction or not approved by the Harbour Master	€30.00 per day
3	Release of property or goods impounded	€250
4	Car Parking 8am to 8pm 7 days	€1.00 per hour
5	Lorry Parking at all times	€5.00 per hour
6	Trailer Parking at all times	€5.00 per hour
7	Release of car/lorry/trailer clamp	€100.00
8	(a) Small Craft Storage up to 5.5 metres	€10.00 per week
	(b) Small Craft Storage 5.6 - 8 metres	€15.00 per week
	(c) Small Craft Storage over 8 meters	€20.00 per week
9	(a) Use of swinging moorings by vessels up to 5.5 metres in length	€200.00 per year
	(b) Use of swinging moorings by vessels over 5.5 metres in length	€300.00 per year
10	(a) Operation of mobile crane between 8.00am and 4.00pm on normal working day	€50.00 per day
		€200.00 per day
	(b) Operation of mobile crane outside of normal working hours
11	Disposal of ship generated waste (mandatory on all vessels operating from the harbour)
	(a) Less than 10 GT	€20 per month
	(b) 10 or more GT	€40 per month
	(c) 20 or more GT	€60 per month
	(d) 30 or more GT	€80 per month
	(e) 100 or more GT	€100 per month
	Reduced rates may apply where there is full compliance with the port waste reception and handling plan.

	Given under my Official Seal,
	17 September 2003
	DERMOT AHERN
	Minister for 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 revised rates and charges applicable at Fishery Harbour Centres with effect from 1 October 2003.