Pursuant to the Fishery Harbour Centres Act 1968 (as amended), my Department is responsible for the six Fishery Harbour Centres located at Castletownbere, Dingle, Dunmore East, Howth, Killybegs and Ros an Mhíl. Charges for the use of facilities and services at each of the Fishery Harbour Centres are levied by virtue of the Fishery Harbour Centres (Rates & Charges) Order 2012 (S.I. No. 214 of 2012) which came into effect on 1 July 2012. Different rates apply according to the type and nature of the vessel, the different use made of the facilities by the vessel, the size of the vessel and the quantity and species of fish landed (where applicable).
The mandatory nature of the charges referred to is nothing new, and is consistent with the situation as it pertained in the previous Order S.I. No. 439 of 2003. For ease of reference and for clarification, the relevant charges under S.I. No. 214 of 2012 are set out in the following table.
S.I. No. 214 of 2012 provides inter alia that charge no. 9 of Schedule 1 for the use of fresh water is “...mandatory on all vessels using a Fishery Harbour Centre whether or not they use fresh water...” other than vessels paying under charge no. 5, charge no. 10 in Schedule 1 or charge no. 17 in Schedule 2. In this regard, please note the following:
- Charge no. 5 of Schedule 1 relates to landing of whitefish. It is generally only larger fishing vessels that opt to be invoiced under this charge.
- Charge no. 10 of Schedule 1 relates to use of the harbour by passenger boats/vessels and cruise vessels.
- Charge no. 17 of Schedule 2 relates to berthing of yachts and pleasure crafts.
- Charge 9 takes account of different types of vessel, drawing a distinction as it does between fishing vessels, pelagic vessels and other vessels. Within this framework, it also differentiates on size, between fishing vessels over and under 6 metres in length overall.
Waste charges are mandatory on all vessels using a Fishery Harbour Centre whether or not waste is disposed of, as set out in Charge 10 of Schedule 2. The mandatory nature of the charge arises from national and EU legislative requirements and is also designed to reduce any incentive to discharge waste at sea. A key principle underpinning this charge is that larger vessels generally tend to generate more waste and are charged more accordingly. The 2012 Order revoked its 2003 predecessor and while vessels were categorised somewhat differently under the 2003 Order, there has been no increase in the quantum of water or waste charges since then.
In March 2015, following a complaint the Office of the Ombudsman found no issue with the mandatory nature of these particular charges.
That said, the Department is currently undertaking an internal review of the Fishery Harbour Centres (Rates & Charges) Order 2012 (S.I. No. 214 of 2012), with the intention of introducing a new Order in 2017. It should be noted that Statute requires a full public consultation process to be undertaken before any new Rates and Charges Order is introduced.
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Charge No/ Schedule No
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Description of Facility or Service
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Rate or Charge
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Charge 9/Schedule 1
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Use of fresh water (mandatory on all vessels using a Fishery Harbour Centre whether or not they use fresh water) other than vessels paying under charge no. 5 and charge no. 10 in this Schedule and charge no. 17 in Schedule 2:
(a) fishing vessels (6 metres or more in length overall — Loa)
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€30 per month per vessel or €2.50 per cubic metre metered
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(b) pelagic vessels
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€90 per month per vessel or €2.50 per cubic metre metered
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(c) all other vessels
*Note: If a charge for fresh water is levied at one Fishery Harbour Centre this charge will not be levied in another Fishery Harbour Centre used within that month.
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€2.50 per cubic metre metered
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Charge 10/Schedule 2
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Disposal of ship generated waste*. A vessel of —
(a) less than 10 gross tons
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€20 per month
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(b) 10 or more gross tons
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€40 per month
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(c) 20 or more gross tons
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€60 per month
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(d) 30 or more gross tons
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€80 per month
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(e) 100 or more gross tons
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€100 per month
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*Note:
1. This charge is mandatory on all vessels using a Fishery Harbour Centre whether or not waste is disposed of.
2. If a charge for disposal of waste is levied at one Fishery Harbour Centre in a month this charge will not be levied in another Fishery Harbour Centre used within that month.
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