Under the Fisheries (Amendment) Act 2003, the functions of sea-fishing boat licensing were transferred from the Minister to the Licensing Authority for Sea-fishing Boats, which operates on an independent basis subject to criteria set out in that Act and Ministerial Policy Directives.
As Minister, I have responsibility for policy in relation to sea-fishing boat licensing under Section 3(3) of the Fisheries (Amendment) Act 2003, as amended by Section 99 of the Sea Fisheries and Maritime Jurisdiction Act 2006. In this context, and as referred to above, Section 3 of the Act makes provision for Ministerial Policy Directives to issue to the independent Licensing Authority for Sea-fishing Boats.
I am, however, precluded from exercising any power or control in relation to individual cases, or a group of cases, with which the Licensing Authority is or may be concerned under Section 3(5) of the 2003 Act.
Under Policy Directive 2/2003, capacity taken off the Fishing Boat Register must be re-introduced on to the Register within two years of its removal, otherwise the entitlement is lost to its owner. This element of the Policy Directive is known informally as the "Two Year Rule" and has applied to off-Register capacity since 1st April 2004.
One of the main objectives of Policy Directive 2/2003 was to provide the tools for the effective management of capacity in order to comply with fleet capacity targets set down in EU fleet policy.
I am currently examining a recommendation from the Licensing Authority to remove the "Two Year Rule". Any proposal for a Policy Directive involves a formal procedure including a public consultation on the matter.
