Cecilia Keaveney (Donegal North East, Fianna Fail)
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Question 195: To ask the Minister for Communications, Marine and Natural Resources the plans he has regarding the matter of overcoming the two licence issues for fishing boats in their engaging in angling, particularly recognition of a certification scheme to enable fishing boats to be declared passenger vessels for a specified period of time while not being allowed to carry fishing equipment, in the context of the new stringent safety regulations that apply to the small boats; and if he will make a statement on the matter in the context of the importance of the issue for the maintenance of local fishing festivals. [14922/05]

Pat Gallagher (Donegal South West, Fianna Fail)
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The Sea Fisheries (Amendment) Act 2003 provides that a licensing authority shall not grant a sea fishing boat a licence unless an independent survey of the boat has confirmed to the authority's satisfaction that the boat is in a safe and seaworthy condition. The Department of Communications, Marine and Natural Resources introduced a code of practice for fishing vessels of less than 15 m in length last year. The code sets out the minimum standards of safety for vessel design, construction, safety equipment and stability. It also provides that the surveyor undertaking the survey has to declare that the fishing vessel complies with the code. The sea fishing boat licensing authority grants a sea fishing boat a licence on the basis of such a declaration of compliance.

A vessel that has been granted a sea fishing boat licence may apply for a passenger boat licence to operate the vessel as a passenger boat to carry sea anglers. If, following a survey by a surveyor from the Maritime Safety Directorate, the vessel complies with the Merchant Shipping (Passenger Boat) Regulations 2002, as amended, a passenger boat licence can be issued subject to conditions for its use as a passenger boat. Such conditions include that fishing nets and gear may not be carried on board while the vessel is being used as a passenger boat. Corresponding conditions are also attached to the sea fishing boat licence — the boat shall not carry passengers while being used as a fishing boat, for example.

The survey and licensing processes for fishing vessels and passenger boats are separate and distinct because the standards and requirements for fishing vessels and passenger boats are different, having regard to the purpose for which they are used and the conditions under which they operate. Therefore, it is not possible to establish the type of certification scheme proposed by the Deputy.