LICENSING OF SEA FISHING BOATS

Transcription

1 LICENSING OF SEA FISHING BOATS Policy, Criteria and Administration Department of Communications, Marine & Natural Resources June 2002

2 CONTENTS Section Page 1. Introduction 1 2. Legal Framework for Licensing Sea-Fishing Boats 2 3. Licensing Principal Considerations 5 4. Withdrawal of Equivalent capacity 8 5. Economic Benefits and Linkages Seaworthiness Requirements Administration of Licensing 16 Appendix Section 222 B of the Fisheries (Consolidated) Act,

3 Section 1: Introduction This document is a statement of the policy in relation to the licensing of seafishing boats under section 222B (as amended) of the Fisheries (Consolidation) Act, 1959, (see text in the Appendix) and sets out also the procedures for dealing with applications for such licences. Section 2 outlines the legal framework which governs the granting of sea fishing boat licences. Section 3 sets out the principal considerations of licensing policy, and the factors which are taken into account in dealing with licence applications. Sections 4, 5 and 6 elaborate, respectively, on the requirements of licensing policy in respect of the withdrawal of equivalent capacity, the economic considerations which are taken into account in licensing decisions, and the requirements in relation to vessel seaworthiness which must be complied with by a licence applicant. Section 7 outlines the arrangements for processing applications for sea-fishing boat licences. -1-

4 Section 2: Legal Framework for Licensing Sea-Fishing Boats The licensing of sea-fishing boats is governed by section 222B of the Fisheries (Consolidation) Act, 1959, as inserted by the Fisheries (Amendment) Act, 1983 and as amended by the Fisheries (Amendment) Act A sea-fishing boat to which section 222B applies may not be used for seafishing, and a person on board such a boat may not fish for sea-fish or attempt to do so, unless a licence under the section has been granted in respect of the boat. It is an offence to use, or to attempt to use, a sea-fishing boat in contravention of this requirement, or for a person on board such a boat to fish or to attempt to do so. A licence is required where it is proposed to introduce a vessel into the Irish fishing fleet. A new licence must be obtained also where there is a change in vessel ownership, or where there is an alteration of vessel characteristics such as tonnage or engine capacity. An application for a licence must be made by or on behalf of the owner of the boat, and on the application form prescribed by the Minister for Communications, Marine & Natural Resources (copies of which are available from Sea Fisheries Administration Division, Department of Communications, Marine and Natural Resources, Leeson Lane, Dublin 2). A licence cannot statutorily be granted unless the sea-fishing boat is wholly owned by a national of a EU Member State, or by a body corporate established under and subject to the law of an EU Member State and having its principal place of business in a Member State. -2-

5 Subject to the foregoing, the licensing authority ( i.e. the Minister or an officer empowered by the Minister for the purpose) may allow or refuse an application for a licence. The licensing authority is specifically empowered to refuse an application where satisfied that the licence applicant has previously used or attempted to use a sea-fishing boat, or fished for sea-fish or attempted to do so, contrary to licensing requirements. Where it is decided to grant a licence, the licensing authority may attach to the licence such terms and conditions as it thinks fit. Conditions attached to a licence may relate, among other things, to:- specified restrictions on sea-fishing by the boat concerned; crewing of the boat; events or circumstances on the occurrence of which the licence ceases to be in force. The matter which the licensing authority may take account of in deciding on the grant or refusal of a licence include:- the general seaworthiness of the boat; the protection, conservation and rational exploitation of fish stocks; requirements of the EU Common Fisheries Policy; and the economic benefits which the operation of the boat would be likely to contribute to the coastal communities concerned. Among the factors which may be considered in addressing the question of likely economic benefits are the projected annual number of landings at Irish ports, the projected annual tonnage and value of fish landed in the State, the projected annual level of expenditure in the State on wages, fuel, supplies, equipment and services and the projected annual level of social security and tax payments in the State in respect of employees and the operation of the boat. -3-

6 The licensing authority may, at any time after the grant of a licence, attach further conditions to it, vary the existing conditions or remove conditions. The licensing authority is empowered also to revoke a licence, if satisfied that a person has fished in contravention of a licence condition or attempted to do so. -4-

7 Section 3: Licensing Principal Considerations The objective of policy in relation to the licensing of sea-fishing boats is to ensure the conservation and rational exploitation of available fish stocks by the fishing fleet consistent with Ireland s legal obligation under the EU Common Fisheries Policy in respect of fleet capacity, fishing effort and conservation parameters. It is a basic requirement of fishing boat licensing policy, reflecting mandatory EU fleet capacity policy, that a licence may only be granted for the introduction of a boat into the fishing fleet where the applicant will remove capacity (tonnage and engine power) from the Sea Fishing Boat Register which is at least equal to the capacity of the boat to be introduced. (For vessels under 15 metres in length overall, Gross Registered Tonnes (Oslo Convention) can be used as replacement tonnage capacity; for vessels of 15 metres in length overall or more, Gross Tonnes (International Tonnage Convention 1969 (ITC 69) must be used as replacement tonnage capacity.) This is designed to ensure that the scale of the fleet is commensurate with available fishing opportunities, and prevents stock depletion which would be detrimental to the long-term interests of the fishing industry. The stock conservation imperative and the need for managed exploitation of the available resources also underpin the attachment to licences of conditions relating to fishing activity. Such conditions may, inter alia, place restrictions on the areas where a boat may fish or on fishing methods, or may preclude a boat from fishing for certain species of fish. For example, to prevent excessive exploitation of bottom-dwelling species such as sole and plaice, most boats are prohibited from fishing by means of beam trawls. Similarly, preclusions on fishing for herring and mackerel are included in certain licences to prevent the application of excessive fishing effort to those species. -5-

8 Other central considerations in licensing decisions include the vessel s safety and seaworthiness and the anticipated economic benefits from the operation of the vessel. Also, all fishing vessels over 24 metres in overall length or over 20 metres between perpendiculars must carry satellite-based position monitoring terminals which are capable of automatically transmitting position reports to the Fisheries Monitoring Centre which is operated by the Naval Service in Haulbowline, Co. Cork. The factors which are considered in evaluating a licence application can, therefore, be summarised as follows:- - whether the applicant has presented acceptable proposals for removing the necessary amount of equivalent capacity from the appropriate segment of the fleet; - whether the target species and proposed fishing methods are appropriate, taking into account the state of stocks in the target area(s) of operation; - whether the boat is safe and seaworthy; - whether the skipper and the crew of the vessel are suitably qualified, taking account of relevant statutory requirements; and - whether the application shows a genuine economic link with the local fishing industry and will be of economic benefit to the coastal community; - whether a satellite-based monitoring system is fitted where necessary. An applicant must also provide satisfactory evidence of the ownership of the boat. Where the boat is being removed from another EU Member State, confirmation must also be provided that a decommissioning grant has not been paid and that the boat has been properly removed from the Sea Fishing Vessel Register of that State. -6-

9 Sections 4, 5 and 6 elaborate, respectively, on the licensing requirements relating to withdrawal of equivalent capacity, the economic aspects of licence applications and seaworthiness requirements for licensing. -7-

10 Section 4: Withdrawal of Equivalent Capacity The Irish fishing fleet consists of vessels which are broadly categorised into fleet segments on the basis of the fish species which they may target. There are 4 principal segments: - the pelagic tank boat fleet, which fishes for pelagic species such as herring, mackerel and horse mackerel; - the polyvalent or multi-purpose fleet, ranging from large sea-going demersal vessels to small inshore vessels, which fish for demersal species, pelagic species and shellfish; - the beam trawl fleet, which fishes for bottom-dwelling species such as sole and plaice; and - the specific or aquaculture fleet which fishes for bi-valve molluscs. Before a sea-fishing boat licence may be granted, the applicant must remove from the Sea Fishing Boat Register under the Merchant Shipping (Registry, Lettering and Numbering) Regulations, 1997 (SI No. 294 of 1997) tonnage and engine capacity equivalent to the capacity of the vessel for which the licence is sought. In relation to fishing boats in the specific or aquaculture fleet, applications for additional sea fishing boat licences in respect of boats that exploit wild fisheries are not accepted. The licensing of boats which are used solely for the management, development or servicing of aquaculture areas in accordance with a detailed aquaculture plan is permitted without the equivalent capacity requirement (these boats are not at present subject to capacity restrictions under the EU s Multi-Annual Guidance Programmes). The segment of the fleet from which equivalent capacity is withdrawn must be the same as that into which the vessel is to be introduced. For example:- if the new vessel is a refrigerated salt water pelagic tank boat, the capacity being withdrawn must be from the pelagic fleet segment; if the new vessel is a beam trawler, the equivalent capacity must be -8-

11 withdrawn from the beam trawler fleet segment; where the new vessel is a polyvalent vessel, the equivalent capacity must be withdrawn from the polyvalent fleet segment. A moratorium on the introduction of boats which are fitted with Refrigerated Seawater Tanks (either functioning or non-functioning) into the polyvalent or beam trawler segments of the fleet is in place pending a review of current licensing policy. Because of the inability of the herring/mackerel fisheries to sustain additional fishing effort, additional requirements apply as to the equivalent capacity for certain vessels which propose to fish for herring and/or mackerel. Where the vessel being introduced to the fleet is over 65 feet in registered length and where the applicant intends to fish for herring and/or mackerel, the capacity to be withdrawn must be from the dry-hold pelagic element of the polyvalent fleet segment. The pelagic capacity withdrawn must be active pelagic capacity. In this context active pelagic capacity is defined as a boat or boats with an active pelagic fishing history of four months for each of the previous four years. Some minor derogations from this rule may be allowed in exceptional circumstances such as where a vessel has been laid up for a short period for repair. A temporary modification to this policy in respect of dry hold vessels has been introduced: vessel owners who have provided up-front 80% replacement capacity with an active pelagic history have been given an entitlement to fish for herring and mackerel provided the balance of 20% active pelagic capacity is provided by 31 December 2003 at the latest. This policy modification does not apply in the case of vessels in respect of which 100% active pelagic replacement capacity has already been provided. If the capacity which a licence applicant utilises as equivalent capacity is not active pelagic capacity, a condition will be inserted in the licence precluding the vessel from fishing for those species. -9-

12 A limited exception to the requirement to remove equivalent capacity from the same segment has been provided for in the Decision relating to Ireland under the EU Fourth Multi-Annual Guidance Programme, in respect of the beam trawler fleet segment: the Decision allows up to 285 GT and 905kw to be transferred from the polyvalent fleet segment to permit the updating of existing vessels. Withdrawal of equivalent capacity is necessary also in the case of certain modifications to boats. If the registered length, tonnage or engine capacity of a vessel is altered, the owner of the vessel must notify the Department of the modification. Where the modification involves an increase in either the tonnage or engine power, the owner of the vessel must withdraw an amount of capacity equal to the increase, and a new licence reflecting the changes must be obtained. Prior to 31 December, 2001, when the provision was dropped, the EU Fourth Multi-Annual Guidance Programme made special provision for increases in the capacity of vessels which result exclusively from safety improvements and do not increase their fishing effort. Such increases may, on a case by case basis and with the approval of the European Commission and the EU Fisheries Structures Management Committee, be accommodated by way of an increase in the overall limit in the capacity of the fleet segment concerned. A number of applications were submitted to the EU Commission prior to 31 December, These applications are still being considered by the Commission. There can be no guarantee, however, that these applications will be successful. Subject to what follows, all vessels on the Sea Fishing Vessel Register are acceptable as equivalent capacity. A boat which holds a sea-fishing boat licence permitting it to fish solely for bivalve molluscs and which was granted the licence without a requirement to -10-

13 withdraw equivalent tonnage is not acceptable as equivalent tonnage. Vessels licensed under the Special Whitefish Scheme are subject to special conditions as to the use of their capacity as equivalent capacity. Vessels lost at sea which are entered on the current Sea Fishing Vessel Register may be replaced by a vessel of equal capacity. The new vessel will be admitted to the same segment of the fleet as the vessel lost at sea. Where the vessel is of lesser capacity the surplus capacity may be used to facilitate the introduction of another vessel. The capacity of a vessel which was lost at sea before the coming into operation of the Sea Fishing Boat Register set up by the 1989 Regulations may, as an entirely exceptional measure, be accepted as replacement capacity provided that the Department is fully satisfied, by reference to appropriate documentary evidence, that very strict criteria are met. The capacity of a fishing vessel lost as sea will be accepted as replacement capacity for licensing purposes only if it is to be used for the purposes of sustaining or maintaining a family tradition of sea fishing. Any capacity accepted as replacement capacity must, therefore, be used for the purposes of introducing a replacement for the lost vessel which will be owned and skippered by the applicant or by an immediate relation of the applicant. Any capacity from a lost vessel so used may not be sold or otherwise disposed of. The closing date for applications under the lost at sea scheme was 31 December, A number of applications are currently being processed by the Department. A vessel of 12 metres or more in length which is proposed for introduction to the Irish fishing fleet must be measured by the Marine Survey Office of the Department of Communications, Marine and Natural Resources. Vessels of under 12 metres in length may be measured by the local Registrar of -11-

14 Shipping, whose measurement will be certified by the Marine Survey Office. Given the importance of establishing as soon as possible how much capacity will have to be withdrawn from the Sea Fishing Vessel Register to allow licensing of a vessel, measurement of the vessel for which a licence is sought should be completed at the earliest opportunity. In accordance with EU Regulations all Irish Registered fishing vessels of 15 metres length overall or more must have their tonnage converted from Oslo Convention, Gross Registered Tonnes (GRT) units to International Tonnage Convention 1969 (ITC 69) Gross Tonnes (GT) units. This re-measurement programme is being carried out in all EU Member States. The deadline for remeasurement of vessels of 24 metres or more in length between perpendiculars was 31 December, All remaining vessels of 15 meters or more in length must be re-measured by 31 December,

15 Section 5: Economic Benefits and Linkages As outlined in Section 2, section 222B of the Fisheries (Consolidation) Act, 1959, as inserted by the Fisheries (Amendment ) Act, 1983 and as amended by the Fisheries (Amendment) Act, 1994, expressly empowers the licensing authority, when deciding on a licence application, to take account of the economic benefits which the operation of a boat would be likely to contribute to coastal communities and the Irish economy generally. For the purposes of allowing the likely economic benefits of a boat s operations, and its degree of linkage with Ireland generally and Irish coastal communities in particular, to be examined, applicants for licences for vessels of 20 metres or more in length are required to complete an economic link questionnaire. This questionnaire seeks information on matters such as the expected value of fish landings, the ports where the landings will be made, the proportion of expenditure on supplies, services and wages which will accrue to Irish coastal communities, and crewing arrangements. The licensing decision, including the decision on conditions to attach to a licence, will take account of the information in the questionnaire, and any further information on the matters in question which the licence applicant may be required to supply. It is a condition of licences generally that at least 50 per cent of the members of the crew of a boat must be nationals of an EU Member State. Licences also contain a condition that the licensing authority, in deciding on licence renewal, may require the owner of the boat to provide such information as will demonstrate the extent of the social and economic benefit accruing to local coastal communities. -13-

16 Section 6: Seaworthiness Requirements All vessels which are being introduced to the Irish fishing fleet must submit a condition survey report by a qualified independent Marine Surveyor which satisfies the Department s Marine Survey Office that the vessel is in a seaworthy condition and is safe to engage in sea-fishing. All new vessels must comply with relevant statutory requirements relating to safety. Where an existing licensed vessel changes ownership and the new owner applies for a licence for the vessel, a full condition survey report must be provided which established that the vessel is in a safe and seaworthy condition. The matters which must be addressed by a condition survey report are:- - hull of the vessel; - engine of the vessel; - steering and electric systems; - rudder; - fuel storage system; - safety and fire-fighting equipment; - lifesaving, radio and emergency equipment. If a condition survey report identifies any defects, a licence offer (in the event that all other licensing criteria are met) will require the applicant to have the defects remedied and to provide satisfactory evidence to this effect. A licence will not be granted until all matters specified as requiring attention have been satisfactorily and demonstrably addressed. It is a standard licence condition that the owner and/or master of the vessel to which the licence relates shall ensure that the boat shall comply with any requirements for the time being in force in relation to the safety of fishing vessels and their crews (safety requirements should be taken to include any -14-

17 requirements in relation to radio installations and equipment, and crew training). -15-

18 Section 7: Administration of Licensing As indicated in Section 2, a licence application must be made on the prescribed form. Where a vessel is more of 20 metres or more in length, the applicant will also have to complete an economic link questionnaire addressing the matters referred to in Section 5. When a licence application is received, it is evaluated by Sea Fisheries Administration Division by reference to the considerations and criteria outlined in Section 3 and elaborated in the following Sections. Following evaluation of the application, a decision is made by an officer authorised by the Minister as to whether a licence should be granted or refused. If an applicant received a positive evaluation, a licence offer, in principle, issues to the applicant. A licence offer informs the applicant that a licence will be granted provided the applicant accepts the terms of the offer and complies with any requirements specified in the offer. The Department s strong advice to applicants is that no financial commitments should be entered into unless a licence offer is received and the applicant is in a position to accept the terms of the licence offer and to comply with all the specified requirements. A licence offer requires the applicant to accept the specified conditions and requirements within four weeks after the date of the offer. Following acceptance, the offer is valid for a period of up to 12 months from the date of the letter of offer. Within that time, the applicant must have introduced a vessel to the fleet and complied with all the conditions and requirements of the offer. -16-

19 A licence offer does not authorise the vessel concerned to engage in sea-fishing. The validity of a licence offer may be extended beyond twelve months, if there are extenuating circumstances as to why conditions or requirements were not complied with within that period. On expiry of the term of a licence offer, the applicant is considered as having withdrawn the application if the conditions and requirements have not been complied with. Any further licence application(s) from the applicant would have to be considered subject to the provisions of the licensing policy in force when they are made. In all cases, the licensing authority reserves the right to withdraw a licence offer or to refuse the grant/issue of a licence if information or evidence comes to light which casts doubt on the veracity of the information or material submitted in support of the licence application. Where the Department is satisfied that an applicant has accepted the conditions of a licence offer and complied with any requirements of the offer, a sea-fishing boat licence is issued. The licence will contain conditions appropriate to the type of vessel concerned and the type(s) of fishing in which it will engage and will also specify the period for which it will be valid. If a decision is made to refuse a licence, the applicant will be given an explanation of the reason(s) for the decision. As indicated in Section 2, the licensing authority may at any time vary the conditions contained in a sea fishing boat licence, remove conditions or insert new conditions, or may revoke a licence if its conditions are contravened. -17-

20 It is a condition of licences generally that the licensing authority reserves the right of revocation should any information or evidence come to light which casts doubt on the veracity of the information or documentation submitted in support of the licence application. -18-

21 Appendix SECTION 222B of Fisheries (Consolidation ) Act, 1959 (No. 14) (inserted by section 2 of Fisheries (Amendment) Act, 1983 (No. 27) and amended by sections 5, 6, 7 of the Fisheries (Amendment) Act, 1994 (No. 23)) 222B. (1) This section applies to any sea-fishing boat which is ( a ) a fishing boat within the meaning of Part IV of the Act of 1894 and which (i) is entered in the fishing boat register, or (ii) is required by section 373, as amended by the Act of 1983, of the Act of 1894 to be so entered, or (iii) but for the passing of the Act of 1983 would, by the said section 373, be required to be so entered, or ( b ) a ship which (i) is registered under the Act of 1955, or (ii) is required by section 18, as amended by the Act of 1983, of the Act of 1955 to be so registered, or (iii) but for section 8 (1) of the Act of 1983 would be required to be or might be so registered, or (iv) may be so registered. (2) Subject to subsection (4) (b) of this section, a sea-fishing boat to which this section applies shall not be used for sea-fishing (whether within the exclusive fishery limits of the State or otherwise) nor shall a person on board such a boat fish for sea-fish or attempt so to fish, save under and in accordance with a licence granted for the purposes of this section and in relation to the boat by the Minister. (3) ( a ) The Minister may grant licences for the purposes of this section. ( b ) An application for a licence shall be made to the Minister and shall be in such form and contain such particulars as the Minister may prescribe, and be made by or on behalf of the owner of the boat in respect of which the application is made. ( c ) Where an application is made for a licence, the Minister may, subject to subsection (4) ( a ) of this section, allow or refuse the application. ( d ) In deciding on the grant or refusal of a licence or the attachment of conditions to licences the Minister may take account of economic benefits which the operation of a boat would be likely to contribute to -19-

22 the coastal communities and regions which the quotas within the meaning of Council Regulation No. 3760/92 (EEC) of 20 December, 1992 (1) are designed to benefit, including (i) the projected annual number of landings at Irish ports; (ii) the projected annual tonnage and value of fish landed in the State; (iii) the projected annual level of expenditure in the State on wages, fuel, supplies, equipment and services; and (iv) the projected annual level of social security and tax payments in the State in respect of employees and the operation of the boat; and the general sea-worthiness of the boat, the protection, conservation and rational exploitation of fish stocks, and requirements of the common fisheries policy of the European Union. ( e ) Licences may, subject to paragraph (f)of this subsection, be granted by an officer of the Minister authorised for that purpose by the Minister and references to the Minister in paragraphs (a), ( c ) and (d) of this subsection and subsections (2), (4) ( a ) and (5) of this section shall be construed as including references to such officer. ( f ) Where an officer is authorised in accordance with paragraph (e)of this subsection to grant a licence the officer shall, in the discharge of this function, have regard to such considerations of policy as the Minister may direct. (4) ( a ) the Minister shall not grant a licence for the purposes of this section unless the sea fishing boat in relation to which the licence is granted is wholly owned by a national of a Member State or a body corporate established under and subject to the law of a Member State and having its principal place of business in a Member State. ( b ) The Minister may by regulations provide that sea-fishing boats which are of a class or description specified in the regulations shall be exempt from the provisions of subsection (2) of this section, and in case regulations under this subsection are for the time being in force, subsection (2) of this section shall be construed and have effect subject to the terms of the regulations. (5) ( a ) The Minister may attach to a licence granted for the purposes of this section such terms (including terms specifying the period during which the licence is to remain in force or an event or other circumstance on the occurrence of which the licence is to come into force) and conditions (including conditions precedent to the licence's becoming operative) as he shall think fit and he may also attach further -20-

23 conditions to or vary the conditions already attached to such a licence or remove any such condition. ( b ) Without prejudice to the generality of paragraph ( a ) of this subsection, a condition attached to a licence granted for the purposes of this section may (i) restrict sea-fishing by the boat to which the licence relates in a manner specified in the condition, (ii) require that for so long as the licence is in force the members of the crew of such boat, or of any proportion of such members specified in the condition, shall be of a nationality specified in the condition, (iii) specify an event or other circumstance on the occurrence of which the licence shall cease to be in force. ( c ) Where the Minister is satisfied that a person has fished in contravention of a condition attached to a licence granted for the purposes of this section or that a person has attempted so to fish, he may, if he thinks fit, revoke the licence. 6) Without prejudice to the generality of subsection (3) ( c ) of this section, where the Minister receives an application for a licence for the purposes of this section and ( a ) the application relates to a sea-fishing boat which is owned by a body corporate and the Minister (or an officer authorised in accordance with subsection (3) ( e ) of this section) is not satisfied that the body corporate is under the control of, beneficially owned by or under the control of and beneficially owned by a person or persons who, or, as may be appropriate, each of whom, is either a qualified individual or a qualified body, or (b) the Minister (or an officer authorised in accordance with subsection (3) (e) of this section) is satisfied that the applicant has previously used or attempted to use a sea-fishing boat for sea-fishing in contravention of, or that he has fished for sea-fish or has attempted so to fish contrary to subsection (2) of this section, he may refuse the application (7) ( a ) A person who uses or attempts to use a sea-fishing boat in contravention of subsection (2) of this section shall be guilty of an offence. ( b ) A person who, while on board a sea-fishing boat, fishes for seafish or attempts so to fish in contravention of subsection (2) of this section shall be guilty of an offence. (8) In this section 'the Act of 1983' means the Fisheries (Amendment) Act, 1983; -21-

24 'a qualified body' means a body corporate in which all of the shares are beneficially owned, or the body is otherwise controlled, by one or more individuals who, or, as may be appropriate, each of whom is, a qualified individual; 'a qualified individual' means an individual person who is a national of a Member State.". -22-