Control of Fishing for Salmon Order 201. S.I. No. 75/2013

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S.I. No. 75/2013 - Control of Fishing for Salmon Order 201.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 8th March, 2013.

I, FERGUS O’DOWD, Minister of State at the Department of Communications, Energy and Natural Resources, in exercise of the powers conferred on me by section 29 (as amended by paragraph 4 of Part II of the Fourth Schedule to the Fisheries Act 1980 (No. 1 of 1980)) of the Fisheries (Amendment) Act 1962 (No. 31 of 1962)), 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 )), and the Energy and Natural Resources (Delegation of Ministerial Functions) (No. 2) Order 2011 ( S.I. No. 631 of 2011 ), and having complied with the requirements of Regulations 27 and 42 of the European Communities (Birds and Natural Habitats) Regulations 2011 ( S.I. No. 477 of 2011 ), hereby order as follows:

1. This Order may be cited as the Control of Fishing for Salmon Order 2013.

2. In this Order-

“draft net” includes a single wall of netting attached to a floating head rope and a weighted ground rope, designed so that a bag is formed into which the catch is drafted or hauled, for the purpose of taking or fishing for, or attempting to take or to fish for salmon;

“drift net” includes a single sheet of netting attached to a floating head rope and a weighted ground rope, designed to drift freely at the surface of waters for the purpose of taking or fishing for or attempting to take or to fish for salmon, to which net no ropes or weights or anchoring devices are attached which in any way hinder or prevent the free movement of the net in those waters;

“IFI” means Inland Fisheries Ireland;

“illness or injury” means illness or injury other than illness or injury that renders a person totally incapacitated by physical or mental infirmity from maintaining himself or herself;

“Salmon Hardship Scheme” means the scheme established by the Government Decision of 1 November 2006 to assist salmon commercial fishermen who previously fished in areas that have now been closed for conservation reasons and commercial salmon fishermen who cease to fish for salmon;

“snap net” includes a single wall of netting attached to a floating head rope and a weighted ground rope, designed to suspend between two boats and into which the catch is drawn, for the purpose of taking or fishing for, or attempting to take or to fish for salmon.

3. This Order applies to-

(a) all of the waters of the fishery districts referred to in column (1) of Schedule 1, and

(b) all fishing licences for any kind of fishing engine for the taking of salmon, except for fishing licences in respect of a rod and line.

4. A person who has formally accepted an offer under the Salmon Hardship Scheme is not eligible to apply for any commercial fishing licence under this Order.

5. (1) The maximum number of fishing licences for any kind of fishing engine for the taking of salmon mentioned in column (2) of Schedule 1, which IFI may issue in any year for the fishery district mentioned in column (1) of Schedule 1 opposite the mention of that kind of fishing engine, shall not exceed the number specified in column (3) of Schedule 1 opposite the mention of that kind of fishing engine.

(2) IFI shall not issue any fishing licences for any fishery for any kind of fishing engine for the taking of salmon which is not mentioned in column (2) of Schedule 1 opposite the mention of the fishery district in column (1) of that Schedule.

(3) IFI shall not issue a fishing licence, for any kind of fishing engine for the taking of salmon-

(a) to the person paying the licence duty on such engine, or

(b) if the licence operates to authorise the use of the engine to which it relates by any person named in the licence, the person so named,

unless the person referred to at paragraph (a) and, if applicable, paragraph (b)-

(i) has attained the age of 18 years on the date on which the application is made, and

(ii) provides satisfactory evidence of his or her date of birth.

6. IFI, when considering applications for fishing licences for any kind of fishing engine (other than snap net licences which is considered separately in Article 7) for the taking of salmon mentioned in column (2) of Schedule 1 opposite the mention of the fishery district in column (1) of that Schedule, shall consider the applications, and, if satisfied having regard to its functions that it is appropriate to do so, shall issue the licences in the following order, that is to say-

(a) first, to persons who-

(i) have held a fishing licence in respect of the kind of fishing engine, and to fish the waters, in respect of which the application is made for all of the 3 years prior to the year in which the application for the fishing licence is made, and

(ii) have fished in accordance with the fishing licence themselves and did not permit fishing to take place in any of those years under the authority of their licence by any other person,

(b) second, to persons-

(i) who have held a fishing licence in respect of the kind of fishing engine, and to fish the waters, in respect of which the application is made for all of the 3 years prior to the year in which the application for the fishing licence is made,

(ii) who have failed to be present during all of the fishing operations to which the licence applies in any or in any part of the fishing seasons in those 3 years due to illness or injury, in respect of which illness or injury the licence holder has furnished satisfactory written evidence to IFI, and

(iii) whose fishing licence operates to authorise the use of the engine to which it relates by any person named in the licence and who nominated the person so named to fish in accordance with the licence, and the person so nominated fished in accordance with the fishing licence,

(i) have held a fishing licence in respect of the kind of fishing engine, and to fish the waters, in respect of which the application is made for all of the 2 years prior to the year in which the application for the fishing licence is made, and

(ii) have fished in accordance with the fishing licence themselves and did not permit fishing to take place in any of those years under the authority of their licence by any other person,

(d) fourth, to persons-

(i) who have held a fishing licence in respect of the kind of fishing engine, and to fish the waters, in respect of which the application is made for all of the 2 years prior to the year in which the application for the fishing licence is made,

(ii) who have failed to be present during all of the fishing operations to which the licence applies in any or in any part of the fishing seasons in those 2 years due to illness or injury, in respect of which illness or injury the licence holder has furnished satisfactory written evidence to IFI, and

(e) fifth, to persons who-

(i) have held a fishing licence in respect of the kind of fishing engine, and to fish the waters, in respect of which the application is made for all of the year prior to the year in which the application for the fishing licence is made, and

(ii) have fished in accordance with the fishing licence themselves and did not permit fishing to take place in that year under the authority of their licence by any other person,

(f) sixth, to persons-

(i) who have held a fishing licence in respect of the kind of fishing engine, and to fish the waters, in respect of which the application is made for the year prior to the year in which the application for the fishing licence is made,

(ii) who have failed to be present during all of the fishing operations to which the licence applies in any or in any part of the fishing seasons in that year due to illness or injury, in respect of which illness or injury the licence holder has furnished satisfactory written evidence to IFI, and

(g) seventh, to persons who-

(i) did not hold a fishing licence in respect of the kind of fishing engine, and to fish the waters, in respect of which the application is made in the year prior to the year in which he or she makes the application for a fishing licence but who did hold such a fishing licence for the 2 years prior to that year, and

(ii) have fished in accordance with the fishing licence themselves and did not permit fishing to take place in any of those years under the authority of their licence by any other person,

(h) eighth, to persons-

(i) who did not hold a fishing licence in respect of the kind of fishing engine, and to fish the waters, in respect of which the application is made in the year prior to the year in which he or she makes the application for a fishing licence but who did hold a fishing licence for the 2 years prior to that year,

(i) ninth, to persons who-

(i) did not hold a fishing licence in respect of the kind of fishing engine, and to fish the waters, in respect of which the application is made in the year prior to the year in which they make the application for a fishing licence but who did hold such a licence in the year prior to that year, and

(ii) have fished in accordance with the fishing licence themselves and did not permit fishing to take place in any of those years under the authority of their licence by any other person,

(j) tenth to persons-

(i) who did not hold a fishing licence in respect of the kind of fishing engine, and to fish the waters, in respect of which the application is made, in the year prior to the year in which he or she makes the application for a fishing licence but who did hold a fishing licence for the year prior to that year,

(k) eleventh, to persons who-

(i) did not hold a fishing licence in respect of that kind of fishing engine, and to fish the waters in respect of which the application is made in the 2 years prior to the year in which they make the application for a fishing licence but who did hold such a licence in the year prior to those 2 years, and

(ii) have fished in accordance with the fishing licence themselves and did not permit fishing to take place in any of those years under the authority of their licence by any other person,

(l) twelfth, to persons-

(i) who did not hold a fishing licence in respect of that kind of fishing engine, and to fish the waters in respect of which the application is made, in the 2 years prior to the year in which he or she makes the application for a fishing licence but who did hold a fishing licence for the year prior to those 2 years,

(m) thirteenth, to persons authorised and named on a licence held by a person referred to in paragraph (b), in accordance with subparagraph (iii) of that paragraph, for all of the 3 years prior to the year in which the application for the fishing licence is made and who have fished in accordance with the licence,

(n) fourteenth, to persons authorised and named on a licence held by a person referred to in paragraph (d), in accordance with subparagraph (iii) of that paragraph, for all of the 2 years prior to the year in which the application for the fishing licence is made and who have fished in accordance with the licence,

(o) fifteenth, to persons authorised and named on a licence held by a person referred to in paragraph (f), in accordance with subparagraph (iii) of that paragraph, for all of the year prior to the year in which the application for the fishing licence is made and who have fished in accordance with the licence,

(p) sixteenth, to persons authorised and named on a licence held by a person referred to in paragraph (h), in accordance with subparagraph (iii) of that paragraph, for all of the 2 years prior to the year that is prior to the year in which the application for the fishing licence is made and who have fished in accordance with the licence,

(q) seventeenth, to persons authorised and named on a licence held by a person referred to in paragraph (j), in accordance with subparagraph (iii) of that paragraph, for all of the year prior to the year that is prior to the year in which the application for the fishing licence is made and who have fished in accordance with the licence,

(r) eighteenth, to persons authorised and named on a licence held by a person referred to in paragraph (l), in accordance with subparagraph (iii) of that paragraph, for all of the year prior to the 2 years that are prior to the year in which the application for the fishing licence is made and who have fished in accordance with the licence, and

(s) nineteenth, to persons who-

(i) have attained the age of 18 years on the date on which the application is made, and

(ii) provide satisfactory evidence of their date of birth.

7. IFI, when considering applications for snap net fishing licences for the taking of salmon mentioned in column (2) of Schedule 1 opposite the mention of the fishery district in column (1) of that Schedule, shall consider the applications, and, if satisfied having regard to its functions that it is appropriate to do so, shall issue snap net licences in the following order, that is to say-

(a) first, to persons who-

(i) have held a snap net fishing licence and to fish the waters, in respect of which the application is made for all of the 3 years prior to the year in which the application for the snap net fishing licence is made, and

(ii) have fished in accordance with the snap net fishing licence themselves and did not permit fishing to take place in any of those years under the authority of their snap net licence by any other person,

(b) second, to persons-

(i) who have held a snap net fishing licence and to fish the waters, in respect of which the application is made for all of the 3 years prior to the year in which the application for the snap net fishing licence is made,

(ii) who have failed to be present during all of the fishing operations to which the snap net licence applies in any or in any part of the fishing seasons in those 3 years due to illness or injury, in respect of which illness or injury the snap net licence holder has furnished satisfactory written evidence to IFI, and

(iii) whose snap net fishing licence operates to authorise the use of the engine to which it relates by any person named in the snap net licence and who nominated the person so named to fish in accordance with the snap net licence, and the person so nominated fished in accordance with the snap net fishing licence,

(i) have held a snap net fishing licence and to fish the waters, in respect of which the application is made for all of the 2 years prior to the year in which the application for the snap net fishing licence is made, and

(d) fourth, to persons-

(i) who have held a snap net fishing licence and to fish the waters, in respect of which the application is made for all of the 2 years prior to the year in which the application for the snap net fishing licence is made,

(ii) who have failed to be present during all of the fishing operations to which the snap net licence applies in any or in any part of the fishing seasons in those 2 years due to illness or injury, in respect of which illness or injury the snap net licence holder has furnished satisfactory written evidence to IFI, and

(e) fifth, to persons who-

(i) have held a snap net fishing licence and to fish the waters, in respect of which the application is made for all of the year prior to the year in which the application for the snap net fishing licence is made, and

(ii) have fished in accordance with the snap net fishing licence themselves and did not permit fishing to take place in that year under the authority of their snap net licence by any other person,

(f) sixth, to persons-

(i) who have held a snap net fishing licence and to fish the waters, in respect of which the application is made for the year prior to the year in which the application for the snap net fishing licence is made,

(ii) who have failed to be present during all of the fishing operations to which the snap net licence applies in any or in any part of the fishing seasons in that year due to illness or injury, in respect of which illness or injury the snap net licence holder has furnished satisfactory written evidence to IFI, and

(g) seventh, to persons who-

(i) did not hold a snap net fishing licence and to fish the waters, in respect of which the application is made in the year prior to the year in which he or she makes the application for a snap net fishing licence but who did hold such a snap net fishing licence for the 2 years prior to that year, and

(h) eighth, to persons-

(i) who did not hold a snap net fishing licence and to fish the waters, in respect of which the application is made in the year prior to the year in which he or she makes the application for a snap net fishing licence but who did hold a snap net fishing licence for the 2 years prior to that year,

(i) ninth, to persons who-

(i) did not hold a snap net fishing licence and to fish the waters, in respect of which the application is made in the year prior to the year in which they make the application for a snap net fishing licence but who did hold such a snap net licence in the year prior to that year, and

(j) tenth to persons-

(i) who did not hold a snap net fishing licence and to fish the waters, in respect of which the application is made, in the year prior to the year in which he or she makes the application for a snap net fishing licence but who did hold a snap net fishing licence for the year prior to that year,

(k) eleventh, to persons who-

(i) did not hold a snap net fishing licence and to fish the waters, in respect of which the application is made in the 2 years prior to the year in which they make the application for a snap net fishing licence but who did hold such a snap net licence in the year prior to those 2 years, and

(l) twelfth, to persons-

(i) who did not hold a snap net fishing licence to fish the waters, in respect of which the application is made, in the 2 years prior to the year in which he or she makes the application for a snap net fishing licence but who did hold a snap net fishing licence for the year prior to those 2 years,

(m) thirteenth, to persons authorised and named on a snap net licence held by a person referred to in paragraph (b)(i), for all of the 3 years prior to the year in which the application for the snap net fishing licence is made and who have fished in accordance with the snap net licence,

(n) fourteenth, to persons authorised and named on a snap net licence held by a person referred to in paragraph (d)(i), for all of the 2 years prior to the year in which the application for the snap net fishing licence is made and who have fished in accordance with the snap net licence,

(o) fifteenth, to persons authorised and named on a snap net licence held by a person referred to in paragraph (f)(i), for all of the year prior to the year in which the application for the snap net fishing licence is made and who have fished in accordance with the snap net licence,

(p) sixteenth, to persons authorised and named on a snap net licence held by a person referred to in paragraph (h)(i), for all of the 2 years prior to the year that is prior to the year in which the application for the snap net fishing licence is made and who have fished in accordance with the snap net licence,

(q) seventeenth, to persons authorised and named on a snap net licence held by a person referred to in paragraph (j)(i), for all of the year prior to the year that is prior to the year in which the application for the snap net fishing licence is made and who have fished in accordance with the snap net licence,

(r) eighteenth, to persons authorised and named on a snap net licence held by a person referred to in paragraph (l)(i), for all of the year prior to the 2 years that are prior to the year in which the application for the snap net fishing licence is made and who have fished in accordance with the snap net licence, and

(s) nineteenth, to persons who-

(i) have attained the age of 18 years on the date on which the application is made, and

(ii) provide satisfactory evidence of their date of birth.

8. A person shall not hold, at the same time-

(a) more than one fishing licence for a particular kind of fishing engine for the taking of salmon, or

(b) a fishing licence for a particular kind of fishing engine for the taking of salmon and a fishing licence for that kind of fishing engine for the taking of salmon in the Foyle Area (within the meaning of the Foyle Fisheries Act 1952 (No. 5 of 1952)).

9. If, in respect of any kind of fishing engine for the taking of salmon mentioned in column (2) of Schedule 1, opposite the mention of the fishery district in column (1) of that Schedule, the number of licences referred to in column (3) of that Schedule is less than the number of applicants for those licences, then, after IFI has in each case considered the applications and duly issued licences to applicants in the order referred to in Articles 5, 6 and 7, it shall be a matter for IFI to determine, having regard to its functions, to whom, if to any person, to issue any licences not issued in accordance with those Articles.

10. (1) Subject to paragraph (3), the number of fishing licences that IFI may issue for any kind of fishing engine for the taking of salmon in a several fishery in a fishery district specified in column (1) of Schedule 1 shall not exceed-

(a) the number issued for that kind of fishing engine for the taking of salmon in the year preceding the year for which the licences are being issued,

(b) in a case where the several fishery is one in respect of which no licences for that kind of fishing engine for the taking of salmon were issued for that year, the average number of fishing licences for that kind of fishing engine for the taking of salmon issued in respect of the several fishery for the years from 1963 to 1972. The average shall be obtained by dividing the total number of licences duly issued in that 9 year period by 9, or

(c) in a case where the several fishery is one in respect of which no licences were issued for the year 1963 or since that year, one.

(2) Articles 5, 6, 7, 8, 9 and 11 do not apply in respect of fishing licences for any kind of fishing engine for the taking of salmon in a several fishery.

(3) IFI shall not issue a fishing licence for any kind of fishing engine for the taking of salmon in a several fishery unless to do so is consistent with the conservation and management of both the several and public fisheries in accordance with the Fisheries Acts 1959 to 2010.

11. An application to IFI for a fishing licence for any kind of fishing engine for the taking of salmon shall be made in the form specified in Schedule 2, not later than 29th March 2013 at 5.00 p.m. immediately preceding the commencement of the salmon fishing season to which the application relates and payment of the appropriate licence fee shall be made prior to issue of the fishing licence.

12 The Control of Fishing for Salmon Order 2012 ( S.I. No. 80 of 2012 ) is revoked.

Articles 3, 5, 6, 7, 9 and 10.

Schedule 1

Fishing Licences

(1) Fishery District	(2) Fishing Engine	(3) Maximum number of fishing licences
No. 17(2) or Dundalk District	Draft net	0
No. 17(1) or Drogheda District	Draft net	0
No. 1 or Dublin District	Draft net	0
No. 2 or Wexford District	Draft net	0
No. 3 or Waterford District	Snap net	87
No. 4 or Lismore District	Draft net	0
No. 5 or Cork District	Draft net	17
No. 7 or Kerry District	Draft net	14
No. 8 or Limerick District	Draft net	49
No. 9(1) or Galway District	Draft net	0
No. 9(2) or Connemara District	Draft net	0
No. 10(1) or Ballinakill District	Draft net	16
No. 10(2) or Bangor District	Draft net (special tidal waters)	23
	Draft net	1
No. 11 or Ballina District	Draft net	0
No. 12 or Sligo District	Draft net	0
No. 13 or Ballyshannon District	Draft net	23
No. 14 or Letterkenny District	Draft net (special tidal waters)	12
	Draft net	10

Article 11.

Schedule 2

CONTROL OF FISHING FOR SALMON ORDER 2013

(S.I. No. ______________ of 2013)

APPLICATION FOR A SALMON FISHING LICENCE (OTHER THAN ROD AND LINE)

IN THE ______________ FISHERY DISTRICT

Part 1

Name of Applicant: ______________ Date of Birth: ______________

Home Address: ______________

Tel: ______________

(a) If you held a salmon net fishing licence in all, or any, of the last three salmon fishing seasons, insert in the table below the year(s) in which you held the licence and the numbers of fish caught during those years. (Alternatively, you can tick the box for numbers of fish caught and IFI will enter these details onto the form from your logbook returns during those years).

(b) If you did not hold a salmon net fishing licence for any of the last three salmon fishing seasons but were authorised and named on a licence held by a person referred to at (1), complete the table below giving appropriate details.

		Please tick if you wish these details to be taken from your logbook returns ( )
Year	Licence holder/authorised person(please state which)	No. of salmon caught	No. of sea trout over 40cm caught
1
2
3

(c) I have/have not held a salmon licence issued by the Foyle Carlingford and Irish Lights Commission during the last three years (If so give particulars).

(d) I hereby apply for a salmon fishing licence to operate a ______________ (state type of net etc.) during the ______________ season in the ______________ fishery district.

(e) I wish to have the following person authorised and named to operate the licence in my absence during the ______________ season in accordance with the Control of Fishing for Salmon Order 2013 (S.I. No. ______________ of 2013).

Name:______________ Date of Birth: ______________

Address: ______________

Tel. No.: ______________

Signature of applicant: ______________ Date: ______________

Part 2

CERTIFICATE

This certificate must be completed in every application

I, ______________ certify that Mr/Mrs/Ms ______________ who is known to me, is ordinarily resident in the address stated in Part I and signed this form in my presence.


Official Stamp	Signature: ______________ *Position: ______________ Address: ______________ ______________

*Note: The signature of the applicant for a fishing licence must be witnessed by either a Peace Commissioner, a Clergyman or a member of the Garda Síochána in whose district the applicant resides.

The latest date for receipt of completed application forms is 29th March 2013 at 5.00pm. Completed application forms should be sent to:

The Chief Executive Officer,

Inland Fisheries Ireland

PARTS I AND II OF THIS APPLICATION FORM MUST BE COMPLETED BEFORE THE FORM IS RETURNED TO IFI AT THE ADDRESS INDICATED ABOVE.

PLEASE ATTACH BIRTH CERTIFICATE OF APPLICANT AND IF APPLICABLE, OF PERSON AUTHORISED TO OPERATE THE LICENCE.

GIVEN under my hand,

28 February 2013.

FERGUS O’DOWD,

Minister of State at the Department of 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 authorises the issue of commercial fishing licences by Inland Fisheries Ireland and sets out the criteria under which those licences may be issued and prescribes the maximum number of commercial licences which may be issued.

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S.I. No. 75/2013 - Control of Fishing for Salmon Order 201.