Control of Fishing For Salmon Order, 2008

• Jurisdiction: Ireland
• Citation: IR SI 98/2008

S.I. No. 98 of 2008

CONTROL OF FISHING FOR SALMON ORDER 2008

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 11th April, 2008.

I, EAMON RYAN, Minister for 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 having complied with the requirements of Regulation 31 of the European Communities (Natural Habitats) Regulations 1997 ( S.I. No. 94 of 1997 ), hereby order as follows:

1. This Order may be cited as the Control of Fishing for Salmon Order 2008.

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 or ropes no weights or anchoring devices are attached which in any way hinder or prevent the free movement of the net in those waters;

“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;

“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;

“loop net” includes a net that is attached to a wooden frame that is no larger than 20 feet long and 6 feet wide at its widest end, designed so that the net forms a bag when the frame is held upright when fishing, allowing the catch to enter the net, for the purpose of taking or fishing for, or attempting to take or 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) (a) Subject to subparagraph (c), 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 the regional board in whose fisheries region is situated the fishery district mentioned in column (1) of Schedule 1 opposite the mention of that kind of fishing engine, may issue in any year for the district shall not exceed the number specified in column (3) of Schedule 1 opposite the mention of that kind of fishing engine.

(b) A regional board shall not issue any fishing licences for any fishery district situated within its fisheries region 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.

(c) The maximum number of fishing licences for any kind of fishing engine for the taking of salmon in any year issued in respect of that year, shall not exceed the average number of such licences issued each year in the 3 years prior to that year. The average number shall be determined by dividing the total number of licences duly issued in that 3 year period by 3.

(2) A regional board 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. A regional board, when considering an application for fishing licences for 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, 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 the regional board, 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,

(c) third, 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 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 the regional board, 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,

(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...