S.I. No. 115/2016 - Control of Fishing for Salmon Order 2016.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 4th March, 2016.

I, JOE MCHUGH, Minister of State at the Department of Communications, Energy and Natural Resources, in exercise of the powers conferred on me by section 29 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 the Energy and Natural Resources (Delegation of Ministerial Functions) Order 2014 ( S.I. No. 585 of 2014 ), hereby order as follows:

1. This Order may be cited as the Control of Fishing for Salmon Order 2016.

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;

“IFI” means Inland Fisheries Ireland;

“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;

“snap net” includes a single wall of netting attached to a 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. (1) 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.

(2) In this Article “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.

5. (1) Subject to paragraph (3), the maximum number of fishing licenses for any kind of fishing engine for the taking of salmon mentioned in column (2) of Schedule 1, which IFI may issue in any year for the fishery district mentioned in column (1) of Schedule 1 opposite the mention of that kind of fishing engine, shall not exceed the number specified in column (3) of Schedule 1 opposite the mention of that kind of fishing engine.

(2) IFI shall not issue any fishing licences for any fishery 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.

(3) The maximum number of fishing licences for any kind of fishing engine for the taking of salmon issued in respect of a fishery district in any year shall not exceed the average number of fishing licences issued for that fishery district in the previous 3 fishing seasons when such licences were issued for that fishery district where the average number is the total number of such licences issued in those 3 fishing seasons divided by 3.

(4) IFI 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. IFI, when considering applications for fishing licences for any kind of fishing engine (other than snap net licences which is considered separately in Article 7) 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 IFI, 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,

(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 IFI, and

(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 under the authority of their licence by any other person,

(f) sixth, 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 the year 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 that year due to illness or injury, in respect of which illness or injury the licence holder has furnished satisfactory written evidence to IFI, and

(g) seventh, to persons who—

(i) did not hold a fishing licence in respect of the kind of fishing engine, and to fish the waters, in respect of which the application is made in the year prior to the year in which he or she makes the application for a fishing licence but who did hold such a fishing licence for the 2 years prior to that year, 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,

(h) eighth, to persons—

(i) who did not hold a fishing licence in respect of the kind of fishing engine, and to fish the waters, in respect of which the application is made in the year prior to the year in which he or she makes the application for a fishing licence but who did hold a fishing licence for the 2 years prior to that year,

(i) ninth, to persons who–

(i) did not hold a fishing licence in respect of the kind of fishing engine, and to fish the waters, in respect of which the application is made in the year prior to the year in which they make the application for a fishing licence but who did hold such a licence in the year prior to that year, 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,

(j) tenth to persons—

(i) who did not hold a fishing licence in respect of the kind of fishing engine, and to fish the waters, in respect of which the application is made, in the year prior to the year in which he or she makes the application for a fishing licence but who did hold a fishing licence for the year prior to that year,

(k) eleventh, to persons who—

(i) did not hold a fishing licence in respect of that kind of fishing engine, and to fish the waters in respect of which the application is made in the 2 years prior to the year in which they make the application for a fishing licence but who did hold such a licence in the year prior to those 2 years, 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,

(l) twelfth, to persons—

(i) who did not hold a fishing licence in respect of that kind of fishing engine, and to fish the waters in respect of which the application is made, in the 2 years prior to the year in which he or she makes the application for a fishing licence but who did hold a fishing licence for the year prior to those 2 years,

(m) thirteenth, to persons authorised and named on a licence held by a person referred to in paragraph (b), in accordance with subparagraph (iii) of that paragraph, for all of the 3 years prior to the year in which the application for the fishing licence is made and who have fished in accordance with the licence,

(n) fourteenth, to persons authorised and named on a licence held by a person referred to in paragraph (d), in accordance with subparagraph (iii) of that paragraph, for all of the 2 years prior to the year in which the application for the fishing licence is made and who have fished in accordance with the licence,

(o) fifteenth, to persons authorised and named on a licence held by a person referred to in paragraph (f), in accordance with subparagraph (iii) of that paragraph, for all of the year prior to the year in which the application for the fishing licence is made and who have fished in accordance with the licence,

(p) sixteenth, to persons authorised and named on a licence held by a person referred to in paragraph (h), in accordance with subparagraph (iii) of that paragraph, for all of the 2 years prior to the year that is prior to the year in which the application for the fishing licence is made and who have fished in accordance with the licence,

(q) seventeenth, to persons authorised and named on a licence held by a person referred to in paragraph (j), in accordance with subparagraph (iii) of that paragraph, for all of the year prior to the year that is prior to the year in which the application for the fishing licence is made and who have fished in accordance with the licence,

(r) eighteenth, to persons authorised and named on a licence held by a person referred to in paragraph (l), in accordance with subparagraph (iii) of that paragraph, for all of the year prior to the 2 years that are prior to the year in which the application for the fishing licence is made and who have fished in accordance with the licence, and

(s) nineteenth, to persons who—

(i) have attained the age of 18 years on the date on which the application is made, and

(ii) provide satisfactory evidence of their date of birth.

7. IFI, when considering applications for snap net fishing licences 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 snap net licences in the following order, that is to say—

(a) first, to persons who—

(i) have held a snap net fishing licence 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 snap net fishing licence is made, and

(ii) have fished in accordance with the snap net fishing licence themselves and did not permit fishing to take place in any of those years under the authority of their snap net licence by any other person,

(b) second, to persons—

(i) who have held a snap net fishing licence 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 snap net fishing licence is made,

(ii) who have failed to be present during all of the fishing operations to which the snap net 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 snap net licence holder has furnished satisfactory written evidence to IFI, and

(iii) whose snap net fishing licence operates to authorise the use of the engine to which it relates by any person named in the snap net licence and who nominated the person so named to fish in accordance with the snap net licence, and the person so nominated fished in accordance with the snap net fishing licence,

(i) have held a snap net fishing licence 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 snap net fishing licence is made, and

(d) fourth, to persons—

(i) who have held a snap net fishing licence 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 snap net fishing licence is made,

(ii) who have failed to be present during all of the fishing operations to which the snap net 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 snap net licence holder has furnished satisfactory written evidence to IFI, and

(e) fifth, to persons who—

(i) have held a snap net fishing licence 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 snap net fishing licence is made, and

(ii) have fished in accordance with the snap net fishing licence themselves and did not permit fishing to take place in that year under the authority of their snap net licence by any other person,

(f) sixth, to persons—

(i) who have held a snap net fishing licence and to fish the waters, in respect of which the application is made for the year prior to the year in which the application for the snap net fishing licence is made,

(ii) who have failed to be present during all of the fishing operations to which the snap net licence applies in any or in any part of the fishing seasons in that year due to illness or injury, in respect of which illness or injury the snap net licence holder has furnished satisfactory written evidence to IFI, and

(g) seventh, to persons who—

(i) did not hold a snap net fishing licence and to fish the waters, in respect of which the application is made in the year prior to the year in which he or she makes the application for a snap net fishing licence but who did hold such a snap net fishing licence for the 2 years prior to that year, and

(h) eighth, to persons—

(i) who did not hold a snap net fishing licence and to fish the waters, in respect of which the application is made in the year prior to the year in which he or she makes the application for a snap net fishing licence but who did hold a snap net fishing licence for the 2 years prior to that year,

(i) ninth, to persons who—

(i) did not hold a snap net fishing licence and to fish the waters, in respect of which the application is made in the year prior to the year in which they make the application for a snap net fishing licence but who did hold such a snap net licence in the year prior to that year, and

(j) tenth to persons—

(i) who did not hold a snap net fishing licence and to fish the waters, in respect of which the application is made, in the year prior to the year in which he or she makes the application for a snap net fishing licence but who did hold a snap net fishing licence for the year prior to that year,

(k) eleventh, to persons who—

(i) did not hold a snap net fishing licence and to fish the waters, in respect of which the application is made in the 2 years prior to the year in which they make the application for a snap net fishing licence but who did hold such a snap net licence in the year prior to those 2 years, and

(l) twelfth, to persons—

(i) who did not hold a snap net fishing licence to fish the waters, in respect of which the application is made, in the 2 years prior to the year in which he or she makes the application for a snap net fishing licence but who did hold a snap net fishing licence for the year prior to those 2 years,

(m) thirteenth, to persons authorised and named on a snap net licence held by a person referred to in paragraph (b)(i), for all of the 3 years prior to the year in which the application for the snap net fishing licence is made and who have fished in accordance with the snap net licence,

(n) fourteenth, to persons authorised and named on a snap net licence held by a person referred to in paragraph (d)(i), for all of the 2 years prior to the year in which the application for the snap net fishing licence is made and who have fished in accordance with the snap net licence,

(o) fifteenth, to persons authorised and named on a snap net licence held by a person referred to in paragraph (f)(i), for all of the year prior to the year in which the application for the snap net fishing licence is made and who have fished in accordance with the snap net licence,

(p) sixteenth, to persons authorised and named on a snap net licence held by a person referred to in paragraph (h)(i), for all of the 2 years prior to the year that is prior to the year in which the application for the snap net fishing licence is made and who have fished in accordance with the snap net licence,

(q) seventeenth, to persons authorised and named on a snap net licence held by a person referred to in paragraph (j)(i), for all of the year prior to the year that is prior to the year in which the application for the snap net fishing licence is made and who have fished in accordance with the snap net licence,

(r) eighteenth, to persons authorised and named on a snap net licence held by a person referred to in paragraph (l)(i), for all of the year prior to the 2 years that are prior to the year in which the application for the snap net fishing licence is made and who have fished in accordance with the snap net licence, and

(s) nineteenth, to persons who—

(i) have attained the age of 18 years on the date on which the application is made, and

(ii) provide satisfactory evidence of their date of birth.

8. A person shall not hold, at the same time—

(a) more than one fishing licence for a particular kind of fishing engine for the taking of salmon, or

(b) a fishing licence for a particular kind of fishing engine for the taking of salmon and a fishing licence for that kind of fishing engine for the taking of salmon in the Foyle Area (within the meaning of the Foyle Fisheries Act 1952 (No. 5 of 1952).

9. If, in respect of 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, the number of licences referred to in column (3) of that Schedule is less than the number of applicants for those licences, then, after IFI has in each case considered the applications and duly issued licences to applicants in the order referred to in Articles 5, 6 and 7, it shall be a matter for IFI to determine, having regard to its functions, to whom, if to any person, to issue any licences not issued in accordance with those Articles.

10. (1) Subject to paragraph (3), the number of fishing licences that IFI may issue for any kind of fishing engine for the taking of salmon in a several fishery in a fishery district specified in column (1) of Schedule 1 shall not exceed—

(a) the number issued for that kind of fishing engine for the taking of salmon in the year preceding the year for which the licences are being issued,

(b) in a case where the several fishery is one in respect of which no licences for that kind of fishing engine for the taking of salmon were issued for that year, the average number of fishing licences for that kind of fishing engine for the taking of salmon issued in respect of the several fishery for the years from 1963 to 1972. The average shall be obtained by dividing the total number of licences duly issued in that 9 year period by 9, or

(c) in a case where the several fishery is one in respect of which no licences were issued for the year 1963 or since that year, one.

(2) Articles 5, 6, 7, 8, 9 and 11 do not apply in respect of fishing licences for any kind of fishing engine for the taking of salmon in a several fishery.

(3) IFI shall not issue a fishing licence for any kind of fishing engine for the taking of salmon in a several fishery unless to do so is consistent with the conservation and management of both the several and public fisheries in accordance with the Fisheries Acts 1959 to 2010.

11. An application to IFI for a fishing licence for any kind of fishing engine (other than rod and line) for the taking of salmon shall be made in the form specified in Schedule 2, not later than 24 March 2016 at 5.00 p.m. immediately preceding the commencement of the salmon fishing season to which the application relates and payment of the appropriate licence fee shall be made prior to issue of the fishing licence.

12. The following are revoked:

(a) the Control of Fishing for Salmon Order 2014 ( S.I. No. 132 of 2014 );

(b) the Control of Fishing for Salmon (Amendment) Order 2015 ( S.I. No. 70 of 2015 ).

Schedule 1

Articles 3, 5, 6, 7, 9 and 10.

Fishing Licences

(1) Fishery District	(2) Fishing Engine	(3) Maximum number of fishing licences
No. 17(2) or Dundalk District	Draft net	0
No. 17(1) or Drogheda District	Draft net	0
No. 1 or Dublin District	Draft net	0
No. 2 or Wexford District	Draft net	0
No. 3 or Waterford District	Snap net	0
No. 4 or Lismore District	Draft net	0
No. 5 or Cork District	Draft net	16
No. 7 or Kerry District	Draft net	14
No. 8 or Limerick District	Draft net	30
No. 9(1) or Galway District	Draft net	0
No. 9(2) or Connemara District	Draft net	0
No. 101 or Ballinakill District	Draft net	14
No. 102 or Bangor District	Draft net (special tidal waters)	16
	Draft net	1
No. 11 or Ballina District	Draft net	0
No. 12 or Sligo District	Draft net	0
No. 13 or Ballyshannon District	Draft net	0
No. 141 or Letterkenny District	Draft net (special tidal waters)	8
	Draft net	2

Schedule 2

Article 11.

CONTROL OF FISHING FOR SALMON ORDER 2016

(S.I. No. ______________ of 2016)

APPLICATION FOR A SALMON FISHING LICENCE (OTHER THAN ROD AND LINE)

IN THE ______________ FISHERY DISTRICT

Part 1

Name of applicant: ______________ Date of birth: ______________

Home address: ______________

Tel: ______________

1. Details of number of fish caught in last 3 salmon fishing seasons

(a) If you held a salmon net fishing licence for any of the last 3 salmon fishing seasons, indicate in the table below the year or years in which you held the licence and the numbers of fish caught. Alternatively, you may tick the box at the top of the table for the number of fish caught and IFI will enter these details onto the form from your logbook returns during those years.

(b) If you have not held a salmon net fishing licence for any of the last 3 salmon fishing seasons, but were authorised and named on a licence held by another person, complete the table below giving appropriate details of the licence holder and the number of fish caught.

Table

		Please tick if you wish these details to be taken from your logbook returns ( )
Year	Licence holder or authorised person(please state which)	Number of salmon caught	Number of sea trout over 40cm caught
1
2
3

Declaration

(a) I have/have not held a salmon licence issued by the Foyle Carlingford and Irish Lights Commission during the last 3 years (If so give particulars).

(b) I hereby apply for a salmon fishing licence to operate a ______________ (state type of net etc.) during the ______________ season in the ______________ fishery district.

(c) I wish to have the following person authorised and named to operate the licence in my absence during the ______________ season in accordance with the Control of Fishing for Salmon Order 2016 (S.I. No. ______________ of 2016).

Name: ______________ Date of birth: ______________

Address: ______________

Tel. No.: ______________

Signature of applicant: ______________ Date: ______________

Part 2

CERTIFICATE

This certificate must be completed in every application

I, ______________ certify that Mr/Mrs/Ms ______________

who is known to me, is ordinarily resident in the address stated in Part I and signed this form in my presence.

Signature: ______________

Official Stamp of *Position: ______________

Ireland Fisheries Address: ______________

Ireland ______________

*Note: The signature of the applicant for a fishing licence must be witnessed by either a Peace Commissioner, a clergyman or a member of the Garda Síochána in whose fishery district the applicant resides.

The latest date for receipt of completed applications forms is 24 March 2016 at 5.00 p.m. Completed application forms should be sent to:

Chief Executive Officer,

Inland Fisheries Ireland

______________

PARTS I AND 2 OF THIS APPLICATION FORM MUST BE COMPLETED BEFORE THE FORM IS RETURNED TO IFI AT THE ADDRESS INDICATED ABOVE. PLEASE ATTACH BIRTH CERTIFICATE OF APPLICANT AND IF APPLICABLE, OF PERSON AUTHORISED TO OPERATE THE LICENCE.

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GIVEN under my hand,

24 February 2016.

JOE McHUGH,

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

EXPLANATORY NOTE

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

This Order authorises the issue of commercial fishing licences by Inland Fisheries Ireland and sets out the criteria under which those licences may be issued and prescribes the maximum number of commercial licences which may be issued.