S.I. No. 703/2003 - Fisheries (Miscellaneous Commercial Licences) (Alteration of Duties) Order 2003

1. This Order may be cited as the Fisheries (Miscellaneous Commercial Licences)(Alteration of Duties) Order 2003.

2. This Order shall have effect as respects licences issued or renewed for a period commencing on or after 1 January 2004.

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

4. The licence duty in respect of an oyster fishing licence is altered to €85.

5. Section 159(1)(b)(ii) (inserted by

section 20

of the

Fisheries (Amendment) Act 1994

(No. 23 of 1994) of the

Fisheries (Consolidation) Act 1959

(No. 14 of 1959) is amended by substituting “€110,” for “sixty pounds,”.

6. Section 160(1)(b) (inserted by

section 20

of the

Fisheries (Amendment) Act 1994

) of the

Fisheries (Consolidation) Act 1959

is amended by substituting “€110,” for “twenty-five pounds,”.

7. The Salmon, Eel and Oyster (Miscellaneous Commercial Licences) (Alteration of Duties) Order 1987 (

S.I. No. 343 of 1987

) and the Salmon, Eel and Molluscan Shellfish Dealers' Licences (Alteration of Duties) Order 1994 (

S.I. No. 463 of 1994

are revoked.

SCHEDULE

Ref. No.

Kind of Engine

Annual Licence Duty

(1)

(2)

(3)

(Euro) €

1.

Stake net or fly net

320

2.

Bag net

180

3.

Head weir

65

4.

Draft net

180

5.

Drift net

320

6.

Snap net

75

7.

Pole net

30

8.

Loop net

20

9

Box for taking salmon in a fishing weir or a fishing mill dam

130

10.

Eye, gap or basket for taking eels in or on a fishing weir or a fishing mill dam

85

11.

Eel trap as used under licence in No. 17

1

or Drogheda District in the Eastern Fisheries Region and in No. 13 or Ballyshannon District in the Northern Fisheries Region.

140

12.

Long line for eels

85

13.

Coghill net for eels

85

14.

Fyke nets for eels

€85 for a train of twenty nets or less together with, in case the train is of more than 20 nets, €4.25 for each net in excess of 20.

GIVEN under my hand,

18

December

2003.

John Browne, Minister of State at the Department of Communications,

Marine and Natural Resources.

EXPLANATORY NOTE

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

This Order prescribes the licence fees to be payable in respect of salmon, eel and oyster commercial fishing licences and salmon, eel and molluscan shellfish dealers' licences issued or renewed for a period commencing on or after 1 January 2004.

The new fees take account of inflation since their last increase and are in lieu of the licence fees set out in the Salmon, Eel and Oyster (Miscellaneous Commercial Licences (Alteration of Duties) Order 1987 (

S.I. No. 343 of 1987

) and Salmon, Eel and Molluscan Shellfish Dealers' Licences (Alteration of Duties) Order 1994 (

S.I. No. 463 of 1994

).

I, John Browne, Minister of State at the Department of Communications, Marine and Natural Resources, in exercise of the powers conferred on me by sections 68(1)(b) (as amended by

section 4

of the

Fisheries (Amendment) Act 1976

(No. 23 of 1976)) 159(5)(a) (inserted by

section 20

of the

Fisheries (Amendment) Act, 1994

(No. 23 of 1994)), 160(5)(a) (as so inserted) and 279(2) (as amended by

section 4

of the

Fisheries (Amendment) Act 1976

) of the

Fisheries (Consolidation) Act, 1959

(No. 14 of 1959) and the Fisheries(Transfer of Departmental Administration and Ministerial Functions Order 1977 (

S.I. No 30 of 1977

) (as adapted by the Marine and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2002 (

S.I. No. 307 of 2002

)) and the Communications, Marine and Natural Resources (Delegation of Ministerial Functions) Order 2002 (

S.I. No. 374 of 2002

), hereby make the following order with respect to which, pursuant to section 68(7) and section 279(4) (inserted by

section 3

of the

Fisheries (Amendment) Act, 1976

) of the

Fisheries (Consolidation Act 1959

, a draft has been laid before each House of the Oireachtas and a resolution approving of the draft has been passed by each such House