S.I. No. 208/2007 - Control of Fishing for Salmon (No. 2) Order 2007


S.I. No. 208 of 2007

Control of Fishing for Salmon (No. 2) Order 2007.

I, John Browne, Minister of State at the Department of Communications, Marine and Natural Resources, in exercise of the powers conferred on me by section 29 (as amended by paragraph 4 of Part II of the Fourth Schedule to the Fisheries Act 1980 (No. 1 of 1980)) of the Fisheries (Amendment) Act 1962 (No. 31 of 1962), 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 Marine (Delegation of Ministerial Functions) Order 2006 (S.I. No. 82 of 2006) and the Marine (Delegation of Ministerial Functions) (No. 4) Order 2006 (S.I. No. 543 of 2006)), and having complied with the requirements of Regulation 31 of the European Communities (Natural Habitats) Regulation 1997 (S.I. No. 94 of 1997), hereby order as follows:

1.      (1)    This Order may be cited as the Control of Fishing for Salmon (No. 2) Order 2007.

 (2)    This Order is deemed to have come into operation on 22 March 2007.

2.      The Control of Fishing for Salmon Order 2007 (S.I. No. 129 of 2007) is amended in Article 7 by substituting for paragraphs (1) and (2) the following:

“(1)  A regional board may issue available unallocated draft net licences to persons, on application to it by those persons, who held drift net, draft net, loop net and snap net licences -

(a)      under the Order of 2005 for the fishery districts mentioned in column (1) of Schedule 1,

(b)      for fishery districts other than the fishery districts for which licences are available under that Order, and

(c)      under the Shannon Tidal Waters (Issue of Fishing Licences) Regulations 1935 (S.R. & O No. 664 of 1935) in the tidal portion of the River Shannon.

(2)  A regional board shall consider applications for fishing licences available under paragraph (1) and if satisfied, having regard to its functions, that it is appropriate to do so, shall issue the licences in accordance with the priority the applicants held under the Order of 2005 or the Shannon Tidal Waters (Issue of Fishing Licences) Regulations 1935 (S.R. & O No. 664 of 1935), as the case may be.”.

 

GIVEN under my hand,

8th May 2007.

 

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_________________

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)

These regulations amend the Control of Fishing for Salmon Order 2007 (S.I. No. 129 of 2007) to provide for the issue of available unallocated draft net licences to persons who held a drift net licence or a draft net licence under the River Shannon Tidal Waters (Issue of Fishing Licences) Regulations 1935 (S.R. & O No. 664 of 1935).