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4.—(1) The Department may issue a drift net licence for salmon fishing only if it decides that such fishing is not likely to have an adverse impact on:
(a)a Special Area of Conservation as defined under the Habitats Directive (1) or;
(b)any rivers which are not meeting such salmon management targets as may be determined and published by the Department.
(2) Where the Department so decides, then, subject to paragraph (3), first preference shall be given to a person who has held a drift net licence in any one of the 3 calendar years immediately preceding the coming into operation of these Regulations.
(3) A person mentioned in paragraph (2) may by written notice given to the Department, nominate another person in his place.
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