Noel Harrington (Cork South West, Fine Gael)
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Question 322: To ask the Minister for Agriculture, Fisheries and Food the entitlements of a trawler owner (details supplied); the dates and details of applications and appeals submitted to him since 2006; the reasons for the decision in each of these applications and appeals; and if he will make a statement on the matter. [10412/11]

Simon Coveney (Cork South Central, Fine Gael)
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The Fisheries (Amendment) Act of 2003 transferred the functions of sea fishing-boat licensing 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. All applications for sea-fishing boat licenses are considered by the Licensing Authority. Under the legislation, the Minister is precluded from exercising any power of control in relation to any particular case or group of cases with which the Licensing Authority is or may be concerned.

I have, however, made inquiries with the Registrar General and he informs me that Mr. John Leonard applied to licence and register a fishing vessel in his name. Mr. Leonard did not complete the licensing process and the capacity owned by Mr. Leonard (8.37 GTs and 89.53kWs) expired on 6 September 2009 under the 2-year rule as set out in Ministerial Policy Directive 2/2003.

The Fisheries (Amendment) Act of 2003 also provided for an independent appeals process in respect of decisions of the Licensing Authority. Mr. Leonard appealed the expiration of his capacity (8.37 GTs and 89.53kWs) to the independent Appeals Officer and requested an oral hearing.

Following an oral hearing on 3 February 2011, which was attended by Mr. Leonard and the Licensing Authority, the Appeals Officer upheld the decision that the capacity had expired and refused the appeal.

It is open to Mr. Leonard to re-apply for a sea fishing boat licence at any time. He will however be required to provide the necessary replacement capacity before the licensing process can be completed.