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LICENSING OF SEA FISHING BOATS

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					LICENSING OF SEA FISHING BOATS




  Policy, Criteria and Administration




                  Department of Communications,
                     Marine & Natural Resources


                                        June 2002
                             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                     13


6.     Seaworthiness Requirements                         14


7.     Administration of Licensing                        16



Appendix


Section 222 B of the Fisheries (Consolidated) Act, 1959   19
Section 1:                Introduction


This document is a statement of the policy in relation to the licensing of sea-
fishing     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.




L:\.. \SEAFISH\LICENSING OF SEA FISHING BOAT S                                            -1-
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
1994.


A sea-fishing boat to which section 222B applies may not be used for sea-
fishing, 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 be en 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 i ntroduce 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 Communicatio ns,
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 Memb er State and having
its principal place of business in a Member State.




L:\.. \SEAFISH\LICENSING OF SEA FISHING BOAT S                                               -2-
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.




L:\.. \SEAFISH\LICENSING OF SEA FISHING BOAT S                                  -3-
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.




L:\.. \SEAFISH\LICENSING OF SEA FISHING BOAT S                               -4-
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.




L:\.. \SEAFISH\LICENSING OF SEA FISHING BOAT S                                -5-
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.




L:\.. \SEAFISH\LICENSING OF SEA FISHING BOAT S                                  -6-
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.




L:\.. \SEAFISH\LICENSING OF SEA FISHING BOAT S                             -7-
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
L:\.. \SEAFISH\LICENSING OF SEA FISHING BOAT S                                  -8-
      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.


L:\.. \SEAFISH\LICENSING OF SEA FISHING BOAT S                                -9-
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, 2001.              These applications are still being c onsidered 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 bi-
valve molluscs and which was granted the licence without a requirement to

L:\.. \SEAFISH\LICENSING OF SEA FISHING BOAT S                                -10-
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, 2001. 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

L:\.. \SEAFISH\LICENSING OF SEA FISHING BOAT S                                -11-
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 re-
measurement of vessels of 24 metres or more in length between
perpendiculars was 31 December, 2001. All remaining vessels of 15 meters
or more in length must be re-measured by 31 December, 2003.




L:\.. \SEAFISH\LICENSING OF SEA FISHING BOAT S                            -12-
Section 5:                Economic Benefits and Linkages


As outlined in Section 2, section 222B of the Fisheries (Consolidati on) 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.




L:\.. \SEAFISH\LICENSING OF SEA FISHING BOAT S                              -13-
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

L:\.. \SEAFISH\LICENSING OF SEA FISHING BOAT S                                -14-
requirements in relation to radio installations and equipment, and crew
training).




L:\.. \SEAFISH\LICENSING OF SEA FISHING BOAT S                     -15-
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.

L:\.. \SEAFISH\LICENSING OF SEA FISHING BOAT S                                 -16-
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.

L:\.. \SEAFISH\LICENSING OF SEA FISHING BOAT S                                  -17-
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.




L:\.. \SEAFISH\LICENSING OF SEA FISHING BOAT S                    -18-
                                                 Appendix


SECTION 222B of Fisheries (Consolidation ) Act, 1959 (No. 14) (inserted by section 2 of
Fishe ries (Amendme nt) Act, 1983 (No. 27) and ame nded by sections 5, 6, 7 of the
Fishe ries (Amendme nt) 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

L:\.. \SEAFISH\LICENSING OF SEA FISHING BOAT S                                                   -19-
                          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

L:\.. \SEAFISH\LICENSING OF SEA FISHING BOAT S                                                   -20-
                          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 sea-
                          fish 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;

L:\.. \SEAFISH\LICENSING OF SEA FISHING BOAT S                                                     -21-
                      '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.".




L:\.. \SEAFISH\LICENSING OF SEA FISHING BOAT S                                                -22-

				
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