Fisheries (Amendment) Act, 1994

Amendment of section 222B (3) of Principal Act.

5.—Section 222B of the Principal Act (inserted by section 2 of the Act of 1983) is hereby amended by the substitution of the following subsection for subsection (3) thereof:

“(3) (a) The Minister may grant licences for the purposes of this section.

(b) An application for a licence shall be made to the Minister and shall be in such form and contain such particulars as the Minister may prescribe, and be made by or on behalf of the owner of the boat in respect of which the application is made.

(c) Where an application is made for a licence, the Minister may, subject to subsection (4) (a) of this section, allow or refuse the application.

(d) In deciding on the grant or refusal of a licence or the attachment of conditions to licences the Minister may take account of economic benefits which the operation of a boat would be likely to contribute to the coastal communities and regions which the quotas within the meaning of Council Regulation No. 3760/92 (EEC) of 20 December, 1992 (1) are designed to benefit, including—

(i) the projected annual number of landings at Irish ports;

(ii) the projected annual tonnage and value of fish landed in the State;

(iii) the projected annual level of expenditure in the State on wages, fuel, supplies, equipment and services; and

(iv) the projected annual level of social security and tax payments in the State in respect of employees and the operation of the boat;

and the general sea-worthiness of the boat, the protection, conservation and rational exploitation of fish stocks, and requirements of the common fisheries policy of the European Union.

(e) Licences may, subject to paragraph (f) of this subsection, be granted by an officer of the Minister authorised for that purpose by the Minister and references to the Minister in paragraphs (a), (c) and (d) of this subsection and subsections (2), (4) (a) and (5) of this section shall be construed as including references to such officer.

(f) Where an officer is authorised in accordance with paragraph (e) of this subsection to grant a licence the officer shall, in the discharge of this function, have regard to such considerations of policy as the Minister may direct.”.

(1)O.J. No. L.389, 31.12.92, p.1.