S.I. No. 818/2004 - Fisheries (Miscellaneous Commercial Licences) (Alteration of Duties) Order 2004

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 68(4)(b) (as amended by section 4 of the Fisheries (Amendment) Act 1976 (No. 23 of 1976), 159(5)(a) (inserted by section 20 of the Fisheries (Amendment) Act, 1994 (No. 23 of 1994)), 160(5)(a) (as so inserted) and 279(2) (as amended by section 4 of the Fisheries (Amendment) Act 1976 ) of the Fisheries (Consolidation) Act, 1959 (No. 14 of 1959), the Fisheries (Transfer of Departmental Administration and Ministerial Functions) Order 1977 ( S.I. No. 30 of 1977 ) (as adapted by the Marine and Natural Resources (Alteration of 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 ), hereby make the following Order with respect to which, pursuant to section 68(7) and section 279(4) (inserted by section 3 of the Fisheries (Amendment) Act, 1976 ) of the Fisheries (Consolidation) Act 1959 , a draft has been laid before each House of the Oireachtas and a resolution approving of the draft has been passed by each such House:

1. This Order may be cited as the Fisheries (Miscellaneous Commercial Licences) (Alteration of Duties) Order 2004.

2. This Order shall have effect as respects licences issued or renewed for a period commencing on or after 1 January 2005.

3. The amount of the ordinary licence duty in respect of an ordinary fishing licence authorising the use of a fishing engine of a kind specified in column (2) of the Schedule to this Order at any reference number is altered to the amount specified in column (3) of the said schedule at that reference number.

4. The licence duty in respect of an oyster fishing licence is altered to €88.

5. Section 159(1)(b)(ii) (inserted by section 20 of the Fisheries (Amendment) Act 1994 (No. 23 of 1994)) of the Fisheries (Consolidation) Act 1959 (No. 14 of 1959) and as amended by the Fisheries (Miscellaneous Commercial Licences) (Alteration of Duties) Order 2003 ( S.I. No. 703 of 2003 ) is amended by substituting “€115,” for “€110,”.

6. Section 160(1)(b) (inserted by section 20 of the Fisheries (Amendment) Act 1994 ) of the Fisheries (Consolidation) Act 1959 and as amended by the Fisheries (Miscellaneous Commercial Licences) (Alteration of Duties) Order 2003 ( S.I. No. 703 of 2003 ) is amended by substituting “€115,” for “€110,”.

7. The Fisheries (Miscellaneous Commercial Licences) (Alteration of Duties) Order 2003 (S.I. No. 703) is revoked.

SCHEDULE

Ref. No.	Kind of Engine	Annual Licence Duty
(1)	(2)	(3)
		(Euro) €
1.	Stake net or fly net	330
2.	Bag net	186
3.	Head weir	67
4.	Draft net	186
5.	Drift net	330
6.	Snap net	78
7.	Pole net	31
8.	Loop net	21
9.	Box for taking salmon in a fishing weir or a fishing mill dam	135
10.	Eye, gap or basket for taking eels in or on a fishing weir or a fishing mill dam	88
11.	Eel trap as used under licence in No. 17¹ or Drogheda District in the Eastern Fisheries Region and in No. 13 or Ballyshannon District in the Northern Fisheries Region	145
12.	Long line for eels	88
13.	Coghill net for eels	88
14.	Fyke nets for eels	€88 for a train of twenty nets or less together with, in case the train is of more than 20 nets, €4.40 for each net in excess of 20.

GIVEN under my hand, this 17th day of December 2004.

PAT THE COPE GALLAGHER,

Minister of State at the Department of Communications, Marine and Natural Resources.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Order prescribes the licence fees to be payable in respect of salmon, eel and oyster commercial fishing licences and salmon, eel and molluscan shellfish dealers’ licences issued or renewed for a period commencing on or after 1 January 2005.