The function of the licensing authority for sea-fishing boats was transferred under the Fisheries (Amendment) Act 2003 to the Registrar General of Fishing Boats. The Act provides that the licensing authority is independent in the exercise of its functions under the Act, subject to the law for the time being in force and policy directives in relation to sea-fishing boat licensing.
The two applicants referred to by the Deputy had been refused a sea-fishing boat licence by the licensing authority under the scheme for the licensing of traditional pot-fishing boats in the Irish inshore fleet. One of the conditions of the scheme was that an applicant must not currently be in full-time employment outside the fishing industry. There was evidence that both applicants were in full-time employment outside the fishing industry and their applications were therefore refused. They appealed the refusals to an appeals officer appointed under the 2003 Act. The appeals officer upheld the licensing authority's refusal but recommended that favourable consideration be given by the licensing authority to an application for a licence by the appellants.
The licensing authority has informed me that it does not have discretion to vary the terms of the pot licence scheme and accordingly it is unable to issue an offer to the applicants for a licence under that scheme. However, an application for a sea-fishing boat licence can be accepted from the applicants at any time and processed under standard fishing boat licensing conditions.
