Dáil Éireann Debate, Tuesday - 21 November 2006
345 Mr. Gilmore asked the Minister for Communications, Marine and Natural Resources his views on the inquiry which this Deputy made to him regarding a person (details supplied) in County Dublin; and if he will make a statement on the matter. [38689/06]
View answerUnder the Fisheries (Amendment) Act 2003, the functions of sea-fishing boat licensing and registration were transferred from the Minister for Communications, Marine and Natural Resources to the Licensing Authority for Sea-Fishing Boats, which operates on an independent basis subject to criteria set out in the Act and Ministerial Policy Directives. All applications for sea-fishing boat licences are considered by the Licensing Authority for Sea-Fishing Boats. The head of the Licensing Authority is the Registrar General of Fishing Boats who is a senior official in the Department.
Minister Browne's reply to your letter of 6 June 2006 issued to you at Dáil Éireann on 28 June 2006. The reply enclosed a copy of the Licensing Authority's letter of 30 May 2006 that issued to Mr. Marsden concerning his application for a sea-fishing boat licence in respect of the MFV ‘Freebird' and in particular to his proposal to use the capacity of the MFV ‘Atlantic Drift' and the MFV ‘Iron Eagle' as part of the replacement capacity for the purposes of licensing the new vessel. The Licensing Authority has advised me that it is not empowered to vary the requirements of Ministerial Policy Directive 2/2003 by granting an extension to the two-year validity of off-register capacity unless there was a delay on the part of the Licensing Authority in the licensing process, which had the effect of denying Mr. Marsden his entitlement provided by the Policy Directive. The Licensing Authority states that it cannot take into consideration the delay suffered by Mr. Marsden due to mechanical problems in respect of the construction of the MFV ‘Freebird'. This is a matter that is outside the control of the Licensing Authority. Mr. Marsden has lodged an appeal to the Appeals Officer under the Independent Appeals System provided by Part 3 of the Fisheries (Amendment) Act 2003, which is awaiting determination.
I am advised that Mr. Marsden requested an extension to the one-year period of the licence offer on 13 October 2006. The Licensing Authority advised him on 26 October 2006 that any decision in this regard must stand suspended under section 7(8) of the Fisheries (Amendment) Act 2003 until the appeal is determined. The Licensing Authority has undertaken to consider this request after the determination of the appeal. Mr. Marsden has also requested the Licensing Authority to regularise the registration of his older vessel the MFV ‘Lady Jan' as he wishes to use the capacity from this vessel as part replacement capacity for the MFV ‘Freebird'. I am informed that the I am advised that Mr. Marsden requested an extension to the one-year period of the licence offer on 13 October 2006. The Licensing Authority advised him on 26 October 2006 that any decision in this regard must stand suspended under section 7(8) of the Fisheries (Amendment) Act 2003 until the appeal is determined. The Licensing Authority has undertaken to consider this request after the determination of the appeal. Mr. Marsden has also requested the Licensing Authority to regularise the registration of his older vessel the MFV ‘Lady Jan' as he wishes to use the capacity from this vessel as part replacement capacity for the MFV ‘Freebird'. I am informed that the Licensing Authority is currently in the process of dealing with this matter.
