The purpose of this Bill is to define the seaward limits of Castletownbere Harbour to include Berehaven Sound within those limits and thereby enable me by order, under section 2 of the Fishery Harbour Centres Act, 1968, to extend the limits of the Castletownbere Fishery Harbour Centre to coincide with the seaward limits of Castletownbere Harbour.
Berehaven Sound at present forms part of Bantry Bay Harbour and is under the aegis of the Bantry Bay Harbour Commissioners. Foreign fish factory ships which visit Castletownbere during the mackerel season are unable to berth at the Fishery Harbour Centre because of their size and these ships operate from the Sound. Because the fish factory ships anchor in Berehaven Sound, harbour dues accrue to Bantry Bay Harbour Commissioners, who are based 30 miles away by road and two hours by boat.
There is full agreement locally that dues from fishery related activity in the Sound should accrue to the Fishery Harbour Centre. It is also desirable from a safety and geographical point of view to have the Sound under the jurisdiction of the Fishery Harbour Centre. The harbour master at the Fishery Harbour Centre in Castletownbere estimates that he could have collected £65,000 in 1990 and £47,000 last year in respect of harbour dues from fish factory ships anchored in the Sound. To do this the Fishery Harbour Centre has to be extended to include the Sound.
Briefly, the Bill defines the seaward limits of Castletownbere Harbour. It provides that Castletownbere Harbour includes the area known locally as Berehaven Sound. This is the sea area within the limits of a straight line from Fair Head to Shee Head on the western side and, on the eastern side, a straight line drawn from Furze Point to Roancarrigmore Lighthouse and thence to Carrigranean Island and thence further to Bear Island.
The Bill provides that an order made by the Minister for the Marine under section 2 of the Fishery Harbour Centres Act, 1968, to extend the limits of the Castletownbere Fishery Harbour Centre to incorporate the Sound will not be subject to the procedures outlined in section 2 (6) of the 1968 Act. This will dispense with the requirement to publish notice of the proposed order in Iris Oifigiúil or the daily newspapers. It also provides that Bantry Bay Harbour Commissioners will have no powers, functions or duties in relation to the Castletownbere Fishery Harbour Centre.
The Bill also provides that where a vessel in the course of its voyage to or from Bantry Bay Harbour anchors or passes through Castletownbere Fishery Harbour Centre, harbour rates will not be payable in respect of the anchoring or passage aforesaid.
The extent of Castletownbere Harbour was not defined in the Fishery Harbour Centres Act, 1968. That Act designated a number of fishery harbour centres, including Castletownbere, and provided for their limits of jurisdiction to be defined by ministerial order. However, in the case of Berehaven Sound legal advice available to me concludes that it is extremely doubtful that the substantial sea area of the Sound forms part of Castletownbere Harbour. The legal advice also concludes that amending legislation is required to include the Sound within the Castletownbere Fishery Harbour Centre.
The Bill now before the House addresses this legal difficulty by including the area known locally as Berehaven Sound within the limits of Castletownbere Harbour. Once the Bill has been passed by both Houses I will then be in a position to redefine by order the limits of the Castletownbere Fishery Harbour Centre to include in it the Sound. This will enable the harbour master to collect the harbour dues properly payable in respect of the facilities afforded to the fish factory ships.
There remains the question of harbour dues on commercial activity in the Sound area. I discussed the provisions of the Bill with the Bantry Bay Harbour Commissioners during the course of my recent visit to Bantry. The Commissioners drew to my attention the fact that from time to time commercial vessels in the course of their voyage to or from Bantry Bay Harbour anchor in the Roancarrigmore lighthouse area. Once the Castletownbere limits are extended such traffic could then become liable to pay harbour dues to two public authorities, the Castletownbere Fishery Harbour Centre and the Bantry Bay Harbour Commissioners. In order to provide adequately and fairly for this situation I introduced an amendment to the Bill on Committee Stage in Dáil Éireann. The amendment, which was fully supported by Dáil Éireann and which now forms section 2 (4) of the Bill before this House, will ensure that a situation such as this will not arise.
I hope this short Bill will command the support of this House.