Fishing Vessel (Fees) Regulations, 2005

• Jurisdiction: Ireland
• Citation: IR SI 504/2005
• Year: 2005

S.I. No. 504 of 2005

Fishing Vessel (Fees) Regulations 2005

I, Pat the Cope Gallagher, Minister of State at the Department of Communications, Marine and Natural Resources, in exercise of the powers conferred on me by sections 19 and 31 of the Merchant Shipping Act 1992 (No. 2 of 1992) as adapted by the Marine and Natural Resources (Alteration of the Name of Department and Title of Minister Order 2002 ( S.I. No. 307 of 2002 )), and the Marine (Delegation of Ministerial Functions) (No.2) Order 2004 ( S.I. No. 703 of 2004 )), and with the consent of the Minister for Finance, hereby make the following regulations: 1. These Regulations may be cited as the Fishing Vessel (Fees) Regulations 2005. 2. (1) In these Regulations, except where the context otherwise requires -

“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;

“Consolidated Text” means the consolidated text of the regulations annexed to the Torremolinos International Convention for the Safety of Fishing Vessels 1977, as modified by the Torremolinos Protocol of 1993 relating thereto, as reproduced under the title “1993 Torremolinos Protocol and Torremolinos International Convention for the Safety of Fishing Vessels, Consolidated Edition, 1995” published by the International Maritime Organisation London;

“Directive” means Council Directive 97/70/EC of 11 December 19971 , as amended by Commission Directive 1999/19/EC of 18 March 19922 and Commission Directive 2002/35/EC of 25 April 20033 ;

“fishing vessel” or “vessel,” means any vessel equipped or used commercially for catching fish or other living resources in the sea;

“Marine Notice” means a notice described as such, issued by the Department of Communications, Marine and Natural Resources and which may be amended or replaced from time to time;

“Radio Survey Regulations” means the Fishing Vessel (Radio Installations Survey Regulations 1999 ( S.I. No. 40 of 1999 );

“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, with in the radiotelephone coverage of at least one MF coast station in which continuous DSC alerting is available, as may be defined in a Marine Notice.

(2) A reference in these Regulations to a Schedule is a reference to a Schedule to these Regulations.

(3) A word or phrase which is used in these Regulations and in the Directive has the same meaning in these Regulations as it has in the Directive. 3. (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) and

(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) (a) Part 1 of Schedule 3 applies to surveys carried out in the State or Northern Ireland.

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

(c) Part 3 of Schedule 3 sets out the basis for calculating overtime.

(5) 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.

Rule 3 Schedule 1

Part 1

1. Fees payable for a Certificate of Compliance, Exemption Certificate and Record of Equipment (Initial or four year periodical survey)

Ref No. Length Fee for vessel not classed with a recognised organisation Fee for vessel classed with a recognised organisation (1) (2) (3) (4) (1) 24m and over but less than 45m €2,400 + €75 for each metre or part thereof by which the length exceeds 24m €925 + €25 for each metre or part thereof by which the length exceeds 24m (2) 45m and over but less than 100m €3,975 + €50 for each metre or part...