I, Sean Barrett, Minister for the Marine, in exercise of the powers conferred on me by section 373(5) of the Merchant Shipping Act, 1894 (57 & 58 Vict. c.60),as amended, extended or adapted by any other enactment, hereby make the following Regulations:

Citation and commencement

1. "These Regulations may be cited as the Merchant Shipping (Registry, Lettering and Numbering of Fishing Boats) Regulations, 1997, and shall be deemed to have come into operation on the commencement of section 4 of the Fisheries (Amendment) Act, 1994 (No. 23 of 1994).

Revocation of previous Regulations

2. " The Merchant Shipping (Registry, Lettering and Numbering of Fishing Boats) Regulations, 1989 (S. 1. No. 344 of 1989), are hereby revoked.

Interpretation

3. " (1) In these Regulations, unless the context otherwise requires

"the Act of 1955" means the Mercantile Marine Act, 1955 (No. 29 of 1955);

"certificate of registry" means a certificate of registry issued under regulation 11(1);

"fishing boat" means a boat employed or intended to be employed in sea fishing, and intended for the catching or taking for sale of sea fish, and which is wholly owned by--

( a ) a citizen of Ireland,

( b ) a national of a Member State, or

( c ) a body corporate established under and subject to the law of a Member State and having its principal place of business in a Member State;

but does not include a boat that is--

(i) registered under the law of any state, other than the State,

(ii) open and undocked and navigated by oars only, or

(iii) engaged in fishing or dredging solely for scientific, research or training purposes;

"functions" includes powers and duties; "local registrar" means a local registrar under regulation 6(2);

"Member State" means a member state of the European Communities;

"the Minister" means the Minister for the Marine;

"owner", in relation to a fishing boat, means the person who owns the boat or, in the case of a boat the subject of a leasing agreement or a hire purchase agreement, the person who is in possession of the boat under the agreement;

"port of registry" means a port specified in column (1) of Schedule 1;

"the Principal Act" means the Merchant Shipping Act, 1894 (57 & 58 Vict. c.60);

"the Register" means the Register of Fishing Boats established and maintained under, regulation 7(1) or referred to in regulation 7(2);

"the Registrar General" means the Registrar General of Fishing Boats appointed under regulation 5(2) and includes the Deputy Registrar General while acting as or performing the functions of the Registrar General;

"the Regulations of 1984" means the Merchant Shipping (Tonnage) Regulations, 1984 ( S.I. No. 369 of 1984 );

"sea fish" means fish of any kind (except salmonids and fresh water eels) found in the sea, and includes all marine invertebrates, and the brood and spawn of fish found exclusively in the sea.

(2) In these Regulations--

( a ) a reference to a regulation is a reference to a regulation of these Regulations, unless it is indicated that a reference to some other enactment is intended,

( b ) a reference to a paragraph or subparagraph is a reference to a paragraph or subparagraph of the regulation in which the reference occurs, unless it is indicated that some other provision is intended, and

( c ) a reference to a Schedule by number is a reference to a Schedule so numbered to these Regulations.

Application

4. These Regulations shall apply to every fishing boat.

Registrar General and Deputy Registrar General

5. (1) There shall be a registrar of fishing boats (who shall be known as the "Registrar General of Fishing Boats").

(2) The Minister shall appoint the Registrar General and may remove him or her from office.

(3) The Minister may appoint a Deputy Registrar of Fishing Boats to act for or perform the functions of the Registrar General during any absence from duty or inability to act of the Registrar General, or as the Registrar General may from time to time direct, and the Minister may remove the Deputy Registrar from office.

(4) The person who, immediately before the commencement of these Regulations, held the office of Registrar General under the Regulations revoked by regulation 2 shall be the first Registrar General under these Regulations as if so appointed on that commencement.

Local registrars

6. (1) There shall be such local registrars of fishing boats, for such ports, as provided in these Regulations.

(2) The holders from time to time of the offices mentioned in column (3) of Schedule I shall be local registrars for the ports of registry mentioned in column (1) of that Schedule opposite the name of the respective offices in column (3).

7. (1) The Registrar General shall establish and maintain, in such form as he or she thinks appropriate (including in an electronic or other non documentary form), a register of fishing boats (which shall be known as "the Register of Fishing Boats").

(2) Without prejudice to the generality of paragraph (1), the system of registry and lettering and numbering of boats maintained by the Department of the Marine immediately before the commencement of these Regulations shall be the Register, and all entries and amendments on that system before that commencement shall be taken as entries on and amendments to, as the case may be, the Register.

(3) The Register shall be kept at the Department of the Marine, Dublin.

Application for registration

8. (1) A person who, after the commencement of these Regulations, becomes the owner of a fishing boat, shall apply to the Registrar General to have the fishing boat entered on the Register in accordance with paragraph (2).

(2) An application under paragraph (1) shall

( a ) be lodged with a local registrar) and

( b ) include the particulars set out in Schedule 2 and be made

(i) in a case where the fishing boat has been registered under the Regulations revoked by regulation 2 or under the Act of 1955 at the port where it was so registered, and

(ii) in any other case (including where the boat has not been registered or where it has been registered under these Regulations) at any port of registry.

(3) A local registrar, on receipt of an application under this regulation, shall

( a ) satisfy himself or herself that the information set out in the application is correct,

( b ) inspect or cause to be inspected the fishing boat, and

( c ) deliver the application, or cause it to be delivered, to the Registrar General.

(4) Where the fishing boat is not inspected by or on behalf of a local registrar, then, for the purposes of verifying the information supplied in respect of an application under these Regulations the fishing boat shall, at the request of the local registrar, be inspected by

( a ) a sea fisheries protection officer within the meaning of section 220 of the Fisheries (Consolidation) Act, 1959 (No. 14 of 1959), or

( b ) the Bord Iascaigh Mhara Area Officer in the area where the application is made, who shall indicate on the application whether or not

(i) the particulars on the application form are correct, and

(ii) the fishing boat complies with the provisions of the Sea Fisheries (Marking and Documentation of Sea Fishing Boats) Order, 1987 ( S.I. No. 253 of 1987 ).

Procedures for Registration

9. (1) The Registrar General shall keep a record of all applications received by him or her under regulation 8.

(2) The Registrar General shall, as soon as practicable after receiving it, examine each application received and

( a ) if not satisfied that the particulars contained in the application are sufficient to enable the fishing boat to be registered, may request further particulars, or

( b ) if satisfied that the particulars are sufficient to enable the fishing boat to be registered and that its owner has been granted a sea fishing boat licence under section 222B of the Fisheries (Consolidation) Act, 1959 , as amended, shall

(i) if he or she has not already done so, allocate to the fishing boat--

(I) distinguishing letter or letters in accordance with Schedule I, and

(II) a number, and

(ii) inform the local registrar of the letter or letters and number so allocated.

Marking of fishing boat with identification marks

10. "(1) The local registrar, on being informed of the letter or letters and number allocated under regulation 9(2), shall inform the owner of the fishing boat concerned of the letter or letters and number and shall ensure that the owner marks or causes to be marked the fishing boat with those letter or letters and number.

(2) Where the owner of a fishing boat applies for registration and the fishing boat is allocated a distinguishing letter or letters and number in accordance with regulation 9(2), the owner shall mark or cause to be marked the fishing boat with that letter or those letters and that number in accordance with the Sea Fisheries (Marking and Documentation of Sea Fishing Boats) Order, 1987, and advise the local registrar accordingly.

(3) The local registrar shall notify the Registrar General when the fishing boat concerned has been marked with the appropriate letter or letters and number.

Entry in register and certificate of registry

11. "(1) When the local registrar notifies the Registrar General that the fishing boat concerned has been marked in accordance with these Regulations, the Registrar General shall enter into the Register opposite or related to the letter or letters and number allocated to the fishing boat, all of the particulars provided by the applicant (being the particulars set out in Schedule 2) and issue to the owner of the fishing boat a certificate of registry.

(2) A certificate of registry issued under paragraph (1) shall be a certificate of registry or official paper within the meaning of Part IV of the Principal Act, and a document relating to the fishing boat within the meaning of Commission Regulation (EEC) No. 1381/87 of 20 May 1987 establishing detailed rules concerning the marking and documentation of fishing vessels ¹.

¹ O.J. L 132 of 21 May, 1987, p. 9

Particulars to be registered in relation to boats of particular lengths and tonnage

12. "(1) In the case of a fishing boat of 24 metres or more in length registered under the Act of 1955, the length and the tonnage to be recorded in the Register for the purposes of these Regulations shall be its registered length and tonnage ascertained in accordance with Part II of the Regulations of 1984.

(2) In the case of a fishing boat of less than 24 metres in length registered under the Act of 1955, the length and the tonnage to be recorded in the Register for the purposes of these Regulations shall be the length and tonnage as shown on the certificate of registry issued pursuant to the requirements of that Act.

(3) In the case of a fishing boat which is not registered under the Act of 1955 but which is currently registered under Part IV of the Principal Act, the length and the tonnage to be recorded in the Register for the purposes of these Regulations shall be the length and tonnage entered in the certificate of registry issued pursuant to the requirements of that Act.

(4) In the case of any fishing boat not registered as a fishing boat before the commencement of these Regulations, the length and tonnage for the purposes of these Regulations shall be ascertained in accordance with the Regulations of 1984, except that a fishing boat of length 12 metres or less which is not also registered under the Act of 1955, shall have its tonnage ascertained by the local registrar or the Officer of Customs and Excise in charge of the nearest Station to the port concerned or a Garda Síochána stationed in the area where the application is made, in accordance with the rules set out in Schedule 3.

(5) When the register length and tonnage of a fishing boat are being determined in accordance with these Regulations, such measurement and calculation as may be required shall be carried out by a Surveyor of Ships who shall give a certificate specifying the boat's register length and tonnage and the certificate shall be delivered to the local registrar before registration.

Fishing boats registered under revoked regulations deemed registered under these Regulations

13. The owner of a fishing boat which immediately before the commencement of these Regulations was registered under the Regulations revoked by regulation 2 shall be deemed to have applied for registration of the fishing boat, and the boat shall be deemed to have been registered, under these Regulations.

Procedures in relation to change in particulars of boat or practices relevant to registration

14. "(1) Where a fishing boat--

( a ) is actually or constructively lost,

( b ) is broken up, or

( c ) ceases to be employed in fishing for the catching for sale of sea fish,

its owner shall immediately give notice thereof to a local registrar and shall deliver up to that local registrar the certificate of registry.

(2) Where a local registrar has been given notice under paragraph (1), the local registrar shall--

( a ) notify the Registrar General, who shall make an entry to the effect of the notice in the Register, and

( b ) deliver up the certificate of registry to the Registrar General.

(3) Where the Registrar General becomes aware that a fishing boat

(i) is actually or constructively lost,

(ii) is broken up,

(iii) is in an unseaworthy condition, or

(iv) has ceased to be employed for the catching of sea fish for sale, the Registrar General may, by notice in writing, require the owner to advise the Registrar General if the owner proposes to salvage or repair the boat or, in the case of a boat which has ceased to be employed for the catching of sea fish for sale, to recommence the catching of sea fish for sale.

(4) If the owner does not reply within 30 days of being notified by the Registrar General under paragraph (3), the Registrar General may remove the boat from the register.

(5) Fishing boats removed from the register under paragraph (4) may be re-entered in the register within a period of one year if the Registrar General is satisfied that the fishing boat has been surveyed and re-measured and found to be seaworthy and is in a fit condition to recommence the catching of sea fish for sale, and that its owner has been granted a sea fishing boat licence under section 222B of the Fisheries (Consolidation) Act, 1959 , as amended.

Change in particulars of registration

15. "(1) The owner of a fishing boat, whenever there is a change in any of the particulars set out in Schedule 2 so that the information in the Register relating to the fishing boat is rendered incomplete or inaccurate, shall--

( a ) report the change to a local registrar,

( b ) return the certificate of registry of the fishing boat to the Registrar General, and

( c ) apply to the Registrar General for a new certificate of registry.

(2) The local registrar may, on receiving such information, require the fishing boat to be re-measured in the case where the register length or breadth or tonnage or engine power of the fishing boat may have changed, and shall send the new measurements, verified by him or her, to the Registrar General who may, in the Registrar General's discretion--

( a ) retain the certificate of registry and grant a new certificate of registry containing a description of the fishing boat as changed, or

( b ) endorse on the existing certificate of registry a memorandum of the change, and enter in the Register notice of the changes.

(3) Each local registrar shall forward to the Registrar General details of any transactions affecting the Register as they come to the local registrar's notice, and the Registrar General may amend the Register and issue a revised certificate of registry to the owner of the fishing boat concerned.

Lost or destroyed certificate of registry

16. Where it is shown to the satisfaction of the Registrar General that a certificate of registry has been lost or destroyed, the Registrar General may issue a new certificate of registry on being satisfied that the information supplied on the original application relating to the lost or destroyed certificate of registry remains unchanged.

GIVEN under my official seal this 20th day of June, 1997

Sean Barrett, T.D.

Minister for the Marine.

SCHEDULE 1

PORTS OF REGISTRY

Distinguishing letter or letters for each port set out in column (1) are set out in column (2) of this Schedule.

Ports of Registry	Distinguishing Letters	Registrars	Limits
(1)	(2)	(3)	(4)
Cork	C.	Chief Officer of Customs	The Customs port
Drogheda	DA.	do.	do.
Dublin	D.	do.	do.
Dundalk	DK.	do.	do.
Galway	G.	do.	do.
Limerick	L.	do.	do.
Skibbereen	S.	Chief Officer of Customs (stationed at Castletownbere )	do.
Sligo	SO.	Chief Officer of Customs	do.
Tralee	T.	Chief Officer of Customs	do.
Waterford	W.	Chief Officer of Customs	The Customs of Water and New Ross
Westport	WT.	do.	The Customs Port.
Wexford	WD.	do.	do.

The Chief Office of Customs herein referred to shall mean the Officer of Customs superintending the port.

Schedule 2

Regulation 8

APPLICATION TO REGISTER A FISHING VESSELS

Please read the guidance notes supplied before completing the form. Please fill in the form in black ink using BLOCK CAPITALS.

WARNING: It is an offence to knowing insert inaccurate information in this form.

REGISTRATION NUMBER

|__|__|__|__|__|__|__|

PORT OF REGISTRATION

|__|__|__|__|__|__|__|__|__|__|

NAME OF VESSELS

|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|

NAME OF OWNER

|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|

POSTAL ADDRESS OF OWNER

|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|

NATIONALITY:

IF COMPANY PLEASE INDICATE:--

(a) STATUTORY AUTHORITY INCORPORATION THE COMPANY:

(b) DATE OF INCORPORATION:

VESSELS DETAILS

TYPE OF VESSELS (¹) |__|

INTERNATIONAL RADIO CALL SIGN |__|__|__|__|__|__|__|

IS VESSELS OPEN AND UNDECKED (Y/N) |__|

TYPE OF FISHING GEAR (²)

(1) |__|

(2) |__|

(3) |__|

REGISTERED DIMENSIONS:

LENGTH |__|__|__|__|__|

BREADTH |__|__|__|__|__|__|

DEPTH |__|__|__|__|__|

ALSO, IF AVAILABLE, GIVE THE FOLLOWING ADDITIONAL INFORMATION:

OVERALL LENGTH |__|__|__|__|__|

LENGTH BETWEEN PERPENDICULARS |__|__|__|__|__|

MAX DRAUGHT |__|__|__|__|__|

GROSS REGISTERED TONNAGE |__|__|__|__|__|__|__|__| TONNES

INDICATE IF: (1) YOU HOLD AN IRISH TONNAGE CERTIFICATE |__|

(2) YOU HOLD AN INTERNATIONAL TONNAGE CERTIFICATE |__|

(3) YOU DO NOT HOLD A TONNAGE CERTIFICATE |__|

ENGINE MAKE AND MODEL:

TYPE ENGINE (³) |__|

ENGINE POWER |__|__|__|__|__| KW OR

ALL OTHER ENGINE POWER INSTALLED |__|__|__|__|__|

|__|__|__|__| HORSEPOWER

|___|

(¹)	Type of Vessel.
1	Trawler
2	Seiner.
3	Dredger
4	Lift Netter
5	Gill Netter
6	Trap Setter
7	Liner
8	Vessel using pumps for fishing
9	Multi-purpose (vessel fits more than 1 category)--give details:
10	Other-give details:
(²)	Type of Gear
1	Surrounding nets
2	Seine nets
3	Trawl nets
4	Dredges
5	Lift nets
6	Falling gear
7	Gillnets and entangling nets
8	Traps
9	Hooks and lines
10	Gripping and wounding gear
11	Harvesting gear (Pumps, mechanised dredges)
12	Other-give details:
(³)	Type of Engine
1	Steam piston
2	Diesel engine
3	Electrical engine
4	Petrol engine (inboard)
5	Outboard engine
6	Other-give details:
(⁴)	Hull Material
1	Wood
2	Steel/aluminium
3	Plastic
4	Concrete
5	Fibre glass
6	Other-give details:
(⁵)	Previous Activity/Other Current Activity
1	Supply, transport
2	Pleasure
3	Research
4	Fishing (sport)
5	Aqua-culture
6	Other-give details:
(⁶)	Type of Damage
1	Shipwreck
2	Shipyard demolition
3	Fire damage
4	Other-give details:

Note: If the "Other" option is selected, details must be given.

FROM WHAT MATERIAL IS THE HULL CONSTRUCTED (⁴) |__|

MAXIMUM CREW |__|__|

LIFESAVING AND FIRE FIGHTING EQUIPMENT CARRIED:

VESSEL HISTORY

YEAR OF CONSTRUCTION |__|__|__|__|__|

DATE OF ENTRY INTO SERVICE |__|__|__|__|__|__|__|__|

DATE OF ENTRY INTO SERVICE IN THE IRISH FISHING FLEET

|__|__|__|__|__|__|__|__|

DATE OF FISHING REGISTERED IN IRELAND |__|__|__|__|__|__|__|__|

COUNTRY OF CONSTRUCTION |__|__|__|__|__|__|__|

COUNTRY OF ORIGIN |__|__|__|__|__|__|__|__|

IMPORTED FROM |__|__|__|__|__|__|__|__|

IF ACTIVITY HAS CHANGED INDICATED:

PREVIOUS ACTIVITY (⁵) |__|

DATE OF CHARGE OF ACTIVITY |__|__|__|__|__|__|__|__|

DATE OF OFFICIAL ACKNOWLEDGEMENT OF CHANGE

|__|__|__|__|__|__|__|__|

IF VESSELS IS CURRENTLY USED FOR ANY ACTIVITY OTHER THAN SEA FISHING INDICATED:

OTHER CURRENT ACTIVITY (⁵) |__|

AMOUNT OF TIME SPENT IN OTHER CURRENT ACTIVITY:

MORE THAN HALF |__|

HALF |__|

LESS THAN HALF |__|

IF VESSELS HULL HAS BEEN DAMAGED/WRECKED:

TYPE OF DAMAGE (⁶) |__|

DATE OF COMPLETION OF REPAIRS

|__|__|__|__|__|__|__|__|

IF VESSELS HAS BEEN IMPORTED/EXPORTED ON A TEMPORARY BASIS:

DATE OF CEASED TEMPORARY IMPORTATION/EXPORTATION

|__|__|__|__|__|__|__|__|

SURVEY OF SEAWORTHINESS:

HAS AN INDEPENDENT SURVEY OF SEAWORTHINESS BEEN CARRIED OUT ON THE VESSELS IN THE PAST (Y/N) |__|

IF YES, GIVE DATE OF SURVEY AND NAME OF SURVEYOR:

DATE |__|__|__|__|

NAME OF SURVEYOR |__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|

|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|

I/We*

owner(s) of the vessels above-described declare that the particulars supplied in support of this application are correct, and that I/We * have no reason to believe that the vessels is not in a seaworthy condition.
		Signature(s):

	If company, state position held:
			Date:

* DELETE AS APPROPRIATE.

SCHEDULE 3

Rule for Measurement of a Sea Fishing Boat in accordance with Regulation 6(4)

Measure the length from fore part of head of stem to after part of head of stern or after part of transom or tuck. Measure the greatest breadth of the vessel to the outside of outer planking. Measure also the depth amidships from underside of deck, or from the upper streak of planking in open boats, to the upper side of floor timbers at side of keels, deducting the thickness of ceiling if fitted.

Multiply together the length, breadth and depth in feet taken as aforesaid and multiply the product by the factor 0.45, the result divided by 100 will be the registered tonnage of the boat subject to any additions as under.

In the case of a break or breaks above the line of deck, multiply together the length, breadth and depth in feet of the space or spaces, divide the product by 100, and add the result to the tonnage of the boat obtained as aforesaid.

EXPLANATORY NOTE

This Order replaces the Merchant Shipping (Registry, Lettering and Numbering of Fishing Boats) Regulations of 1989, which established a register of fishing boats. All boats, which were registered under the 1989 regulations immediately before the commencement of these Regulations, shall be deemed to be registered under these Regulations.

MERCHANT SHIPPING (REGISTRY, LETTERING AND NUMBERING) OF FISHING BOATS) REGULATIONS, 1997

The Minister for the Marine has made the above named Regulations, which replace the Merchant Shipping (Registry, Lettering and Numbering of Fishing Boats) Regulations of 1989, which established a register of fishing boats.

T. Carroll.

Secretary,

Department of the Marine.

	[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	Irish Statutory Instruments
You are here: BAILII >> Databases >> Irish Statutory Instruments >> Regulations Entitled Merchant Shipping (Registry, Lettering and Numbering of Fishing Boats) Regulations, S.I. No. 294/1997 URL: http://www.bailii.org/ie/legis/num_reg/1997/0294.html

Irish Statutory Instruments

S.I. No. 294/1997 -- Regulations Entitled Merchant Shipping (Registry, Lettering and Numbering of Fishing Boats) Regulations, 1997