Jim O'Keeffe (Cork South West, Fine Gael)
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Question 295: To ask the Minister for Communications, Marine and Natural Resources if his attention has been drawn to the decisions of the appeals officer in the determination of two sea-fishing boat licensing appeals for applicants in west Cork (details supplied) where the appeals officer recommended that such applications be considered by his Department on a favourable basis in the exceptional circumstances; and if such licenses will be issued to said applicants. [4193/06]

Pat Gallagher (Donegal South West, Fianna Fail)
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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.