Fishing Vessel (Fees) Regulations 2008

Published date08 July 2008
Statutory Instrument No.246/2008

S.I. No. 246 of 2008

FISHING VESSEL (FEES) REGULATIONS 2008

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 8th July, 2008.

I, NOEL DEMPSEY, Minister for Transport, in exercise of the powers conferred on me by sections 19 (inserted by section 47(1) of the Maritime Safety Act 2005 (No. 11 of 2005)) and 31 (as amended by section 44 of the Merchant Shipping (Investigation of Marine Casualties) Act 2000 (No. 14 of 2000)) of the Merchant Shipping Act 1992 (No. 2 of 1992), and the Maritime Transport, Safety and Security (Transfer of Departmental Administration and Ministerial Functions) Order 2005 ( S.I. No. 842 of 2005 ), and with the consent of the Minister for Finance, hereby make the following regulations:

Citation and commencement.

1. These Regulations may be cited as the Fishing Vessel (Fees) Regulations 2008.

Application.

2. These Regulations apply to—

(1) Fishing Vessels of 15 metres length and over but less than 24 metres in length to which the Merchant Shipping (Safety of Fishing Vessels) (15 - 24 metres) Regulations 2007 ( S.I. No. 640 of 2007 ) apply, and

(2) Fishing Vessels of 24 metres in length and over to which the Fishing Vessels (Safety Provisions) Regulations 2002 ( S.I. No. 418 of 2002 ) apply.

Definitions.

3. (1) In these Regulations—

“all Sea Areas” means any Sea Area including Sea Area A1 and Sea Area A2;

“classed vessel” means a vessel which has been surveyed by or on behalf of a recognised organisation (other than the Minister) and has, following such survey, been classified by that organisation in accordance with standards set for vessels by it and remains so classified at the date of the survey or inspection and for which a fee is payable under these Regulations;

“fishing vessel” means a vessel designed, equipped or used commercially for catching or taking fish or other living resources of the sea (including the sea bed) or freshwater;

“recognised organisation” includes an organisation recognised by the Minister under Regulation 3 of the European Communities (Ship Inspection and Survey Organisations) Regulations 1998 ( S.I. No. 56 of 1998 );

“Sea Area A1” means an area within the radiotelephone coverage of at least one VHF coast station in which continuous DSC alerting is available;

“Sea Area A2” means an area, excluding Sea Area A1, within the radio-telephone coverage of at least one MF coast station in which continuous DSC alerting is available, as may be defined in a Marine Notice.

4. (1) In respect of a survey referred to in Part 1 of Schedule 1 the fee specified—

(a) in column (3), for a vessel not classed with a recognised organisation, shall be payable in respect of a survey of a vessel described in column (2) opposite the reference number in column (1),

(b) in column (4), for a vessel classed with a recognised organisation, shall be payable in respect of a survey of a vessel described in column (2) opposite the reference number in column (1).

(2) In respect of a survey referred to in Part 2 of Schedule 1 the fee specified in column (3) shall be payable in respect of a survey of a vessel described in column (2) opposite the reference number in column (1).

(3) (a) The fees specified in Part 1 of Schedule 2 shall be payable in respect of the matters specified in paragraphs 1 to 4 of Part 2 of that Schedule.

(b) Notwithstanding Part 1 of Schedule 2 the fee payable in respect of the initial approval of a vessel referred to in paragraph 4(a) of Part 2 of that Schedule shall not exceed €1,600.

(4) Travelling or subsistence expenses of a surveyor mentioned in—

(a) Part 1 of Schedule 3 apply to surveys carried out in the State or Northern Ireland, and

(b) Part 2 of Schedule 3 apply to surveys carried out outside the State or Northern Ireland.

(5) Part 3 of Schedule 3 sets out the basis for calculating overtime of a surveyor.

(6) Fees and expenses shall in every case be paid to the Superintendent of the Mercantile Marine Office concerned and an official receipt shall be issued by that Office in respect of all payments to which these Regulations apply.

Revocation.

5. The Fishing Vessel (Fees) Regulations 2007 ( S.I. No. 669 of 2007 ) are revoked.

Regulation 4

SCHEDULE 1

Part 1

1. Fees payable for an initial or 4 year periodical survey for the issue of a Certificate of Compliance or a Fishing Vessel Safety Certificate, including a Record of Equipment and an Exemption Certificate or a Fishing Vessel Exemption Certificate.

Ref No.(1)

Length(2)

Fee...

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