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Foyle Area and Carlingford Area (Licensing of Fishing Engines) Regulations 2001

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Applications for Draft and Drift Net Licences

4.—(1) Each application for a fishing licence in respect of any fishing engine specified in Part I of the Schedule shall be in writing in such form as the Commission may from time to time require and without prejudice to the generality of the foregoing—

(a)subject to paragraphs (2) and (7) shall include the name and address of every person whom the applicant may have assisting him in using the fishing engine in respect of which the application is made;

(b)shall include in the case of an application for a fishing licence in respect of a drift net the length of the boat to be used by the applicant; and

(c)subject to paragraph (5) may include the applicant’s nomination of a person to be his senior helper for the purposes of regulation 14A of the Foyle Area (Control of Netting) Regulations 1981(1) or otherwise.

(2) For the purposes of paragraph (1)(a) the maximum number of persons which an applicant may include in his application shall be—

(a)in the case of an application in respect of a draft net, 14 persons;

(b)in the case of an application in respect of a drift net to be used from a boat up to and including 7.5 metres overall length, 6 persons;

(c)in the case of an application in respect of a drift net to be used from a boat of over 7.5 metres overall length, 8 persons.

(3) Where a person nominated as a senior helper—

(a)dies;

(b)becomes incapable of fishing or assisting with fishing; or

(c)becomes a licence holder in respect of any fishing engine specified in Part I of the Schedule or in respect of a drift net or a draft net for the taking of salmon issued under the Fisheries Acts, 1959 and 1962(2) or the Fisheries Act (Northern Ireland) 1966(3);

the applicant or, where a fishing licence has already been issued, the licensee may make written request to the Commission to accept the nomination of another person, whose name and address shall be provided, to be senior helper in lieu of the person so dying, becoming incapable or becoming a licence holder and the Commission may, subject to paragraphs (4) and (5), accept such request and confirm its decision in writing and such acceptance and confirmation shall have effect as if that other person had been nominated as senior helper in accordance with paragraph (1).

(4) On receipt of a request under paragraph (3) the Commission may require a person making the request to provide such details and documentary evidence as it thinks fit.

(5) A person shall not at the same time be a nominated senior helper under this regulation and hold a licence in respect of a drift net or a draft net for the taking of salmon issued under the Fisheries Acts, 1959 and 1962, or the Fisheries Act (Northern Ireland) 1966.

(6) A person shall not at the same time hold a fishing licence in respect of any fishing engine specified in Part I of the Schedule and a licence for a drift net or a draft net for the taking of salmon issued under the Fisheries Acts, 1959 and 1962, or the Fisheries Act (Northern Ireland) 1966.

(7) An application for a fishing licence in respect of a fishing engine specified in Part I of the Schedule shall reach an office of the Commission not later than 15th January in the year in which the fishing licence is required but if the application does not include the names and addresses as required by paragraph (1)(a) the Commission may grant the fishing licence if the said names and addresses are supplied to it not later than 30th April in that year.

(8) A fishing licence in respect of a fishing engine specified in Part I of the Schedule shall not be granted unless the applicant therefor shall have been approved by the Commission and no applicant shall receive in any year more than one fishing licence of a particular description.

(9) Where an applicant has been approved under paragraph (8) an officer authorised by the Commission in that behalf shall endorse the approval on the application and shall return it to the applicant.

(1)

S.R 1981 No. 169; relevant amending Regulations are S.R 1985 No. 342

(2)

Legislation of the Republic of Ireland

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