Liz McManus
Question:59 Ms McManus asked the Minister for the Marine and Natural Resources the reasons he has granted a one year concession on new safety regulations for sea angling vessels; and if he will make a statement on the matter. [8127/01]
Written Answers. - Safety Regulations.
I should begin by explaining the background to this issue. The Merchant Shipping Act, 1992, introduced a licensing regime for all boats carrying up to 12 passengers for reward either in the sea or freshwater. Until then only vessels capable of carrying more than 12 passengers for reward were required to be licensed. The 1992 Act made separate provision in section 19 for dealing with boats used for angling in the sea or freshwater for profit under which the Minister for the Marine and Natural Resources was empowered to introduce regulations providing for the safety of such vessels and their crews.
Sea angling boats taking anglers to sea for reward and going beyond three miles from land or 15 miles from their point of embarkation were required to be surveyed under the Loadlines Act, 1968 and to be issued with either a loadline certificate or a loadline exemption certificate. Sea angling boats operating within those limits were exempt from any requirement, as were freshwater angling boats.
Guidelines were established by the marine survey office for the safe operation of sea angling boats holding certificates under the Loadlines Act, 1968. These guidelines did not apply to freshwater angling boats or sea angling boats operating within three miles of land and these categories of boats were not subject to any survey requirements.
Subsequent to the commencement of the 1992 Act, draft regulations under section 19 were framed to require all boats used for sea angling as from the 1995 season to comply with survey and licensing requirements along the lines of the guidelines in place hitherto. Following consultation these regulations were not, however, proceeded with because of the perceived adverse affect on sea angling, especially where carried out in the context of festivals.
The matter was addressed again in 1999 as part of a consultation process and draft regulations circulated in the context of these consultations. It emerged, however, that the proposed regulations could not be made under section 19. The legal advice at the time was that the latter was limited to the safety of a vessel and its crew and would not, therefore, apply to anyone who might be carried on board for reward or any other purpose.
In the light of this advice and other representations made as part of the consultation process, it was decided to take advantage of a Bill in preparation for other purposes to amend the 1992 Act so as to provide that in the future all angling boats would be treated as passenger boats and, therefore, subject to survey and licensing under Part III of that Act. Section 44 of the Merchant Shipping (Investigation of Marine Casualties) Act, 2000, which effects this change, is now in force. This means that anyone who pays a boat operator to be taken to sea or out on a river or lake for any purpose, whether it is angling, fishing, sightseeing, pleasure, bird watching, dolphin watching, photography or whatever, is now to be treated in the same way and protected to the same extent through legislation.
Accordingly, work is now proceeding on the drafting of passenger boat regulations under section 18 of the 1992 Act. As some categories of angling boats have not been subject to regulation before now it is proposed to phase in the application to them of the new licensing requirement and the proposed regulations over a period to give the industry the opportunity to adapt to the proposed requirements. It has been decided that certain categories of angling boats will be exempt from the licensing requirements of the 1992 Act for the 2001 season, including boats used in sea angling festivals and competitions. It has been decided to exempt such boats on the understanding that they will comply as far as possible with the proposed safety requirements. Furthermore, for the 2001 season, organisers of sea angling festivals will be expected to observe additional requirements, on a voluntary basis, as guidelines. The longer term objective is that all boats used in sea angling festivals and competitions should be subject to licensing and the requirements applicable to passenger boats generally.
My Department has prepared a consultation paper setting out its proposals for licensing and the requirements to be incorporated into the passenger boat regulations, as they apply to pass enger boats used for angling purposes. This consultation paper is being circulated to interested bodies through the central and regional fisheries boards, with comments and observations being requested by 11 May. On receipt of the comments and observations arising out of the consultation process my Department will consider whether it may be useful to have a workshop/seminar on the subject.