Mackerel (Licensing) Order, 1999

• Jurisdiction: Ireland
• Year: 1999
• Citation: IR SI 311/1999

I, MICHAEL WOODS, Minister for the Marine and Natural Resources, in exercise of the powers conferred on me by section 223A (inserted by section 9 of the Fisheries (Amendment) Act, 1978 (No. 18 of 1978), and amended by section 4 of the Fisheries (Amendment) Act, 1983 (No. 27 of 1983)) of the Fisheries (Consolidation) Act, 1959 (No. 14 of 1959), and the Fisheries (Transfer of Departmental Administration and Ministerial Functions) Order, 1977 ( S.I. No. 30 of 1977 ) (as adapted by the Marine (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No. 301 of 1997 )), hereby order as follows:

1. This Order may be cited as the Mackerel (Licensing) Order, 1999.

2. In this Order—

“the Communication” means the Communication (85/C347/05) from the Commission of the European Communities on the description of the ICES sub-areas and divisions used for the purpose of fishing statistics and regulations in the north-east Atlantic(1) ;

“ICES” means the International Council for the Exploration of the Sea.

“length” in relation to a boat, means the distance from the forepart of the stem of the boat to the aft side of the head of the sternpost of the boat;

“licensed vessel” means an Irish sea-fishing boat in relation to which a mackerel licence has been granted;

“mackerel” means Scomber scombrus;

“mackerel licence” means a licence granted under Article 3 of this Order;

“pair fishing” means the towing or hauling of a trawl, seine or other net in the sea from a licensed vessel with another Irish sea-fishing boat for the purpose of taking mackerel;

“the specified area” means the parts of the sea specified in the Annex to the Communication and therein referred to as sub-areas and divisions IIa (except Community waters), IVa, Vb (Community waters), VI, VII, VIIIa,b,d,e, XII and XIV.

3. The Minister may, at his or her discretion—

(a) upon the application in writing of any person who—

(i) is the owner, charterer or hirer of an Irish sea-fishing boat of more than 16.764 metres (55 feet) in length,

(ii) in relation to which a licence permitting the fishing for mackerel under section 222B (3) (inserted by section 5 of the Fisheries (Amendment) Act, 1994 (No. 23 of 1994)) of the Fisheries (Consolidation) Act, 1959 (No. 14 of 1959), has been granted, and

(iii) which is entered in the Register of Fishing Boats, and

(b) upon the furnishing by such person to the Minister of—

(i) information, to the satisfaction of the Minister, that the boat to which the application relates when going to sea has complied with any manning requirement of Part II of the Fishing Vessels (Certification of Deck Officers and Engineer Officers) Regulations, 1998 ( S.I. No. 289 of 1988 ), in respect of it, and

(ii) such other information as he or she may reasonably require in relation to the application,

grant to the person a licence (“mackerel licence”) authorising, subject to this Article, the fishing for mackerel from that boat in the specified area or such part thereof as mentioned in the licence and the landing or transhipment of mackerel taken in that area or such part thereof during such period as mentioned in the licence.

(2) The Minister may renew, subject to this Article, without application, at his or her discretion, a licence granted under paragraph (1) of this Article for such period as may be stated in the renewed licence:

Provided he or she is satisfied that—

(a) the holder of the licence upon its expiration continues to be the owner, charterer or hirer, as the case may be, of the licensed vessel, and

(b) the licensed vessel concerned upon the expiration of the licence continues—

(i) to be licensed to fish for mackerel under section 222B(3) of the Fisheries...