Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 12th March, 2021.

I, EAMON RYAN, Minister for the Environment, Climate and Communications, in exercise of the powers conferred on me by section 29 of the Fisheries (Amendment) Act 1962 (No. 31 of 1962) and the Fisheries (Transfer of Departmental Administration and Ministerial Functions) Order 1977 ( S.I. No. 30 of 1977 ) (as adapted by the Communications, Climate Action and Environment (Alteration of Name of Department and Title of Minister) Order 2020 ( S.I. No. 373 of 2020 )), hereby order as follows:

1. This Order may be cited as the Control of Fishing for Salmon Order 2021.

2. (1) In this Order -

“draft net” has the meaning assigned to it by the Fisheries (Consolidation) Act 1959 (No. 14 of 1959);

“IFI” means Inland Fisheries Ireland;

“illness or injury” means illness or injury other than illness or injury that renders a person totally incapacitated by physical or mental infirmity from maintaining himself or herself;

“snap net” includes a single wall of netting attached to a head rope and a weighted ground rope, designed to suspend between two boats and into which the catch is drawn, for the purpose of taking or fishing for, or attempting to take or to fish for, salmon.

(2) In this order a reference to a fishing engine is a reference to a fishing engine for the taking of salmon.

3. This Order applies to -

(a) the waters of the fishery districts referred to in column (1) of Schedule 1, and

(b) fishing licences for any kind of fishing engine, except for fishing licences in respect of a rod and line.

4. (1) A person who has formally accepted an offer under the Salmon Hardship Scheme is not eligible to apply for a fishing licence under this Order.

(2) In this Article “Salmon Hardship Scheme” means the scheme established by the Government Decision of 1 November 2006 to assist commercial salmon fishermen who previously fished in areas that have been closed for conservation reasons and commercial salmon fishermen who cease to fish for salmon.

5. (1) Subject to paragraph (3), the maximum number of fishing licences which IFI may issue in any year for the fishery district specified in column (1) of Schedule 1, for the kind of fishing engine specified in column (2) of that Schedule opposite that entry in column (1), shall not exceed the number specified in column (3) of that Schedule opposite that entry in column (1).

(2) IFI shall not issue a fishing licence for a fishery for any kind of fishing engine which is not specified in column (2) of Schedule 1 opposite the entry in column (1) of that Schedule.

(3) (a) Subject to paragraph (b), the maximum number of fishing licences for any kind of fishing engine issued in respect of a fishery district in any year shall not exceed the average number of fishing licences issued for that fishery district in the previous 3 years when such licences were issued for that fishery district, where the average number is the total number of such licences issued in those 3 years divided by 3.

(b) The maximum number of fishing engines referred to as draft net (special tidal waters) in column (2) of Schedule 1 opposite the reference to the fishery district of No. 10² or Bangor District in column (1) of Schedule 1 issued in any year shall be based on the average number of fishing licences taken out and fished in the previous 3 years in which fishing licences were issued for the Owenmore River and Owenduff River in the No. 10² or Bangor District.

(4) IFI shall not issue a fishing licence for any kind of fishing engine -

(a) to the person paying the licence duty on such engine, or

(b) if the licence operates to authorise the use of the engine to which it relates by any person named in the licence, to the person so named,

unless the person referred to at paragraph (a) or, if applicable, paragraph (b) -

(i) has attained the age of 18 years on the date on which the application is made, and

(ii) provides satisfactory evidence of his or her date of birth.

6. IFI, when considering applications for fishing licences for any kind (other than a snap net) of fishing engine specified in column (2) of Schedule 1 opposite the fishery district specified in column (1) of that Schedule, shall consider the applications and, if satisfied having regard to its functions that it is appropriate to do so, shall issue the licences in the following order, that is to say -

(a) first, to persons who -

(i) have held a fishing licence for the kind of fishing engine and to fish the waters in respect of which the application is made for all of the 3 years prior to the year in which the application for the fishing licence is made, and

(ii) have fished in accordance with the fishing licence themselves and did not permit fishing to take place in any of those years under the authority of their fishing licence by any other person,

(b) second, to persons -

(i) who have held a fishing licence for the kind of fishing engine and to fish the waters in respect of which the application is made for all of the 3 years prior to the year in which the application for the fishing licence is made,

(ii) who have failed to be present during all of the fishing operations to which the fishing licence applied in any or in any part of the fishing seasons in those 3 years due to illness or injury, in respect of which illness or injury the holder of the fishing licence has furnished satisfactory written evidence to IFI, and

(iii) whose fishing licence operated to authorise the use of the engine to which it relates by a person named in the licence and who nominated the person so named to fish in accordance with the licence, and the person so nominated fished in accordance with the fishing licence,

(c) third, to persons who -

(i) have held a fishing licence for the kind of fishing engine and to fish the waters in respect of which the application is made for all of the 2 years prior to the year in which the application for the fishing licence is made, and

(ii) have fished in accordance with the fishing licence themselves and did not permit fishing to take place in any of those years under the authority of their fishing licence by any other person,

(d) fourth, to persons -

(i) who have held a fishing licence for the kind of fishing engine and to fish the waters in respect of which the application is made for all of the 2 years prior to the year in which the application for the fishing licence is made,

(ii) who have failed to be present during all of the fishing operations to which the fishing licence applied in any or in any part of the fishing seasons in those 2 years due to illness or injury, in respect of which illness or injury the holder of the fishing licence has furnished satisfactory written evidence to IFI, and

(iii) whose fishing licence operated to authorise the use of the engine to which it relates by any person named in the licence and who nominated the person so named to fish in accordance with the licence, and the person so nominated fished in accordance with the fishing licence,

(e) fifth, to persons who -

(i) have held a fishing licence for the kind of fishing engine and to fish the waters in respect of which the application is made for all of the year prior to the year in which the application for the fishing licence is made, and

(ii) have fished in accordance with the fishing licence themselves and did not permit fishing to take place in that year under the authority of their fishing licence by any other person,

(f) sixth, to persons -

(i) who have held a fishing licence for the kind of fishing engine and to fish the waters in respect of which the application is made for the year prior to the year in which the application for the fishing licence is made,

(ii) who have failed to be present during all of the fishing operations to which the fishing licence applied in any or in any part of the fishing seasons in that year due to illness or injury, in respect of which illness or injury the holder of the fishing licence has furnished satisfactory written evidence to IFI, and

(iii) whose fishing licence operated to authorise the use of the engine to which it relates by a person named in the licence and who nominated the person so named to fish in accordance with the licence, and the person so nominated fished in accordance with the fishing licence,

(g) seventh, to persons who -

(i) did not hold a fishing licence for the kind of fishing engine and to fish the waters in respect of which the application is made in the year prior to the year in which he or she makes the application for a fishing licence but who did hold such a fishing licence for the 2 years prior to that year, and

(ii) have fished in accordance with the fishing licence themselves and did not permit fishing to take place in any of those years under the authority of their fishing licence by any other person,

(h) eighth, to persons -

(i) who did not hold a fishing licence for the kind of fishing engine and to fish the waters in respect of which the application is made in the year prior to the year in which he or she makes the application for a fishing licence but who did hold a fishing licence for the 2 years prior to that year,

(ii) who have failed to be present during all of the fishing operations to which the fishing licence applied in any or in any part of the fishing seasons in those 2 years due to illness or injury, in respect of which illness or injury the holder of the fishing licence has furnished satisfactory written evidence to IFI, and

(iii) whose fishing licence operated to authorise the use of the engine to which it relates by a person named in the licence and who nominated the person so named to fish in accordance with the licence, and the person so nominated fished in accordance with the fishing licence,

(i) ninth, to persons who -

(i) did not hold a fishing licence for the kind of fishing engine and to fish the waters in respect of which the application is made in the year prior to the year in which he or she makes the application for a fishing licence but who did hold such a licence in the year prior to that year, and

(ii) have fished in accordance with the fishing licence themselves and did not permit fishing to take place in any of those years under the authority of their fishing licence by any other person,

(j) tenth, to persons -

(i) who did not hold a fishing licence for the kind of fishing engine and to fish the waters in respect of which the application is made in the year prior to the year in which he or she makes the application for a fishing licence but who did hold a fishing licence for the year prior to that year,

(ii) who have failed to be present during all of the fishing operations to which the fishing licence applied in any or in any part of the fishing seasons in that year due to illness or injury, in respect of which illness or injury the holder of the fishing licence has furnished satisfactory written evidence to IFI, and

(iii) whose fishing licence operated to authorise the use of the engine to which it relates by a person named in the licence and who nominated the person so named to fish in accordance with the licence, and the person so nominated fished in accordance with the fishing licence,

(k) eleventh, to persons who -

(i) did not hold a fishing licence for the kind of fishing engine and to fish the waters in respect of which the application is made in the 2 years prior to the year in which he or she makes the application for a fishing licence but who did hold such a fishing licence in the year prior to those 2 years, and

(ii) have fished in accordance with the fishing licence themselves and did not permit fishing to take place in any of those years under the authority of their fishing licence by any other person,

(l) twelfth, to persons -

(i) who did not hold a fishing licence for the kind of fishing engine and to fish the waters in respect of which the application is made in the 2 years prior to the year in which he or she makes the application for a fishing licence but who did hold a fishing licence for the year prior to those 2 years,

(ii) who have failed to be present during all of the fishing operations to which the fishing licence applied in any or in any part of the fishing seasons in that year due to illness or injury, in respect of which illness or injury the holder of the fishing licence has furnished satisfactory written evidence to IFI, and

(iii) whose fishing licence operated to authorise the use of the engine to which it relates by a person named in the licence and who nominated the person so named to fish in accordance with the licence, and the person so nominated fished in accordance with the fishing licence,

(m) thirteenth, to persons authorised and named on a fishing licence held by a person referred to in paragraph (b), in accordance with subparagraph (iii) of that paragraph for all of the 3 years prior to the year in which the application for the fishing licence is made and who have fished in accordance with the fishing licence,

(n) fourteenth, to persons authorised and named on a fishing licence held by a person referred to in paragraph (d), in accordance with subparagraph (iii) of that paragraph, for all of the 2 years prior to the year in which the application for the fishing licence is made and who have fished in accordance with the fishing licence,

(o) fifteenth, to persons authorised and named on a fishing licence held by a person referred to in paragraph (f), in accordance with subparagraph (iii) of that paragraph, for all of the year prior to the year in which the application for the fishing licence is made and who have fished in accordance with the fishing licence,

(p) sixteenth, to persons authorised and named on a fishing licence held by a person referred to in paragraph (h), in accordance with subparagraph (iii) of that paragraph, for all of the 2 years prior to the year that is prior to the year in which the application for the fishing licence is made and who have fished in accordance with the fishing licence,

(q) seventeenth, to persons authorised and named on a fishing licence held by a person referred to in paragraph (j), in accordance with subparagraph (iii) of that paragraph, for all of the year prior to the year that is prior to the year in which the application for the fishing licence is made and who have fished in accordance with the fishing licence,

(r) eighteenth, to persons authorised and named on a fishing licence held by a person referred to in paragraph (l), in accordance with subparagraph (iii) of that paragraph, for all of the year prior to the 2 years that are prior to the year in which the application for the fishing licence is made and who have fished in accordance with the fishing licence, and

(s) nineteenth, to persons who -

(i) have attained the age of 18 years on the date on which the application for the fishing licence is made, and

(ii) provide satisfactory evidence of their date of birth.

7. IFI, when considering applications for fishing licences for snap nets specified in column (2) of Schedule 1 opposite the fishery district specified in column (1) of that Schedule, (in this Article referred to as “snap net fishing licences”) shall consider the applications, and, if satisfied having regard to its functions that it is appropriate to do so, shall issue snap net fishing licences in the following order, that is to say -

(a) first, to persons who -

(i) have held a snap net fishing licence for a snap net and to fish the waters in respect of which the application is made for all of the 3 years prior to the year in which the application for the snap net fishing licence is made, and

(ii) have fished in accordance with the snap net fishing licence themselves and did not permit fishing to take place in any of those years under the authority of their snap net fishing licence by any other person,

(b) second, to persons -

(i) who have held a snap net fishing licence for a snap net and to fish the waters in respect of which the application is made for all of the 3 years prior to the year in which the application for the snap net fishing licence is made,

(ii) who have failed to be present during all of the fishing operations to which the snap net fishing licence applied in any or in any part of the fishing seasons in those 3 years due to illness or injury, in respect of which illness or injury the holder of the snap net fishing licence has furnished satisfactory written evidence to IFI, nd

(iii) whose snap net fishing licence operated to authorise the use of the engine to which it relates by a person named in the snap net fishing licence and who nominated the person so named to fish in accordance with the snap net fishing licence, and the person so nominated fished in accordance with the snap net fishing licence,

(c) third, to persons who -

(i) have held a snap net fishing licence for a snap net and to fish the waters in respect of which the application is made for all of the 2 years prior to the year in which the application for the snap net fishing licence is made, and

(ii) have fished in accordance with the snap net fishing licence themselves and did not permit fishing to take place in any of those years under the authority of their snap net fishing licence by any other person,

(d) fourth, to persons -

(i) who have held a snap net fishing licence for a snap net and to fish the waters in respect of which the application is made for all of the 2 years prior to the year in which the application for the snap net fishing licence is made,

(ii) who have failed to be present during all of the fishing operations to which the snap net fishing licence applied in any or in any part of the fishing seasons in those 2 years due to illness or injury, in respect of which illness or injury the holder of the snap net fishing licence has furnished satisfactory written evidence to IFI, and

(iii) whose snap net fishing licence operated to authorise the use of the engine to which it relates by a person named in the snap net fishing licence and who nominated the person so named to fish in accordance with the snap net fishing licence, and the person so nominated fished in accordance with the snap net fishing licence,

(e) fifth, to persons who -

(i) have held a snap net fishing licence for a snap net and to fish the waters in respect of which the application is made for all of the year prior to the year in which the application for the snap net fishing licence is made, and

(ii) have fished in accordance with the snap net fishing licence themselves and did not permit fishing to take place in that year under the authority of their snap net fishing licence by any other person,

(f) sixth, to persons -

(i) who have held a snap net fishing licence for a snap net and to fish the waters in respect of which the application is made for the year prior to the year in which the application for the snap net fishing licence is made,

(ii) who have failed to be present during all of the fishing operations to which the snap net fishing licence applied in any or in any part of the fishing seasons in that year due to illness or injury, in respect of which illness or injury the holder of the snap net fishing licence has furnished satisfactory written evidence to IFI, and

(iii) whose snap net fishing licence operated to authorise the use of the engine to which it relates by a person named in the snap net fishing licence and who nominated the person so named to fish in accordance with the snap net fishing licence, and the person so nominated fished in accordance with the snap net fishing licence,

(g) seventh, to persons who -

(i) did not hold a snap net fishing licence for a snap net and to fish the waters in respect of which the application is made in the year prior to the year in which he or she makes the application for a snap net fishing licence but who did hold such a snap net fishing licence for the 2 years prior to that year, and

(ii) have fished in accordance with the snap net fishing licence themselves and did not permit fishing to take place in any of those years under the authority of their snap net fishing licence by any other person,

(h) eighth, to persons -

(i) who did not hold a snap net fishing licence for a snap net and to fish the waters in respect of which the application is made in the year prior to the year in which he or she makes the application for a snap net fishing licence but who did hold a snap net fishing licence for the 2 years prior to that year,

(ii) who have failed to be present during all of the fishing operations to which the snap net fishing licence applied in any or in any part of the fishing seasons in those 2 years due to illness or injury, in respect of which illness or injury the holder of the snap net fishing licence has furnished satisfactory written evidence to IFI, and

(iii) whose snap net fishing licence operated to authorise the use of the engine to which it relates by any person named in the snap net fishing licence and who nominated the person so named to fish in accordance with the snap net fishing licence, and the person so nominated fished in accordance with the snap net fishing licence,

(i) ninth, to persons who -

(i) did not hold a snap net fishing licence for a snap net and to fish the waters in respect of which the application is made in the year prior to the year in which he or she makes the application for a snap net fishing licence but who did hold such a snap net fishing licence in the year prior to that year, and

(ii) have fished in accordance with the snap net fishing licence themselves and did not permit fishing to take place in any of those years under the authority of their snap net fishing licence by any other person,

(j) tenth, to persons -

(i) who did not hold a snap net fishing licence for a snap net and to fish the waters in respect of which the application is made in the year prior to the year in which he or she makes the application for a snap net fishing licence but who did hold a snap net fishing licence for the year prior to that year,

(ii) who have failed to be present during all of the fishing operations to which the snap net fishing licence applied in any or in any part of the fishing seasons in that year due to illness or injury, in respect of which illness or injury the holder of the snap net fishing licence has furnished satisfactory written evidence to IFI, and

(iii) whose snap net fishing licence operated to authorise the use of the engine to which it relates by any person named in the snap net fishing licence and who nominated the person so named to fish in accordance with the snap net fishing licence, and the person so nominated fished in accordance with the snap net fishing licence,

(k) eleventh, to persons who -

(i) did not hold a snap net fishing licence for a snap net and to fish the waters in respect of which the application is made in the 2 years prior to the year in which he or she makes the application for a snap net fishing licence but who did hold such a snap net fishing licence in the year prior to those 2 years, and

(ii) have fished in accordance with the snap net fishing licence themselves and did not permit fishing to take place in any of those years under the authority of their snap net fishing licence by any other person,

(l) twelfth, to persons -

(i) who did not hold a snap net fishing licence for a snap net and to fish the waters in respect of which the application is made in the 2 years prior to the year in which he or she makes the application for a snap net fishing licence but who did hold a snap net fishing licence for the year prior to those 2 years,

(ii) who have failed to be present during all of the fishing operations to which the snap net fishing licence applied in any or in any part of the fishing seasons in that year due to illness or injury, in respect of which illness or injury the holder of the snap net fishing licence has furnished satisfactory written evidence to IFI, and

(iii) whose snap net fishing licence operated to authorise the use of the engine to which it relates by a person named in the snap net fishing licence and who nominated the person so named to fish in accordance with the snap net fishing licence, and the person so nominated fished in accordance with the snap net fishing licence,

(m) thirteenth, to persons authorised and named on a snap net fishing licence held by a person referred to in paragraph (b)(i) for all of the 3 years prior to the year in which the application for the snap net fishing licence is made and who have fished in accordance with the snap net fishing licence,

(n) fourteenth, to persons authorised and named on a snap net fishing licence held by a person referred to in paragraph (d)(i) for all of the 2 years prior to the year in which the application for the snap net fishing licence is made and who have fished in accordance with the snap net fishing licence,

(o) fifteenth, to persons authorised and named on a snap net fishing licence held by a person referred to in paragraph (f)(i) for all of the year prior to the year in which the application for the snap net fishing licence is made and who have fished in accordance with the snap net fishing licence,

(p) sixteenth, to persons authorised and named on a snap net fishing licence held by a person referred to in paragraph (h)(i) for all of the 2 years prior to the year that is prior to the year in which the application for the snap net fishing licence is made and who have fished in accordance with the snap net fishing licence,

(q) seventeenth, to persons authorised and named on a snap net fishing licence held by a person referred to in paragraph (j)(i) for all of the year prior to the year that is prior to the year in which the application for the snap net fishing licence is made and who have fished in accordance with the snap net fishing licence,

(r) eighteenth, to persons authorised and named on a snap net fishing licence held by a person referred to in paragraph (l)(i) for all of the year prior to the 2 years that are prior to the year in which the application for the snap net fishing licence is made and who have fished in accordance with the snap net fishing licence, and

(s) nineteenth, to persons who -

(i) have attained the age of 18 years on the date on which the application for the snap net fishing licence is made, and

(ii) provide satisfactory evidence of their date of birth.

8. A person shall not hold at the same time -

(a) more than one fishing licence for a particular kind of fishing engine, or

(b) a fishing licence for a particular kind of fishing engine and a fishing licence for that kind of fishing engine in the Foyle Area (within the meaning of the Foyle Fisheries Act 1952 (No. 5 of 1952)).

9. If the number of fishing licences specified in column (3) of Schedule 1 which IFI may issue in any year for the fishery district specified in column (1) of that Schedule for the kind of fishing engine specified in column (2) of that Schedule opposite the entry in that column (3) is less than the number of applicants for the licences then, after IFI has in each case considered the applications and duly issued licences to applicants in the order referred to in Articles 5, 6 and 7, it shall be a matter for IFI to determine, having regard to its functions, to whom, if to any person, to issue any licences not issued in accordance with those Articles.

10. (1) Subject to paragraph (3), the number of fishing licences that IFI may issue for

any kind of fishing engine for a several fishery in a fishery district specified in column (1) of Schedule 1 shall not exceed -

(a) the number issued for that kind of fishing engine for the taking of salmon in the year preceding the year for which the licences are being issued,

(b) in a case where the several fishery is one in respect of which no licences for that kind of fishing engine for the taking of salmon were issued for that year, the average number of fishing licences for that kind of fishing engine for the taking of salmon issued in respect of the several fishery for the years from 1963 to 1972, and the average shall be obtained by dividing the total number of licences duly issued in that 9 year period by 9, or

(c) in a case where the several fishery is one in respect of which no licences were issued for the year 1963 or since that year, one.

(2) Articles 5, 6, 7, 8, 9 and 11 do not apply in respect of fishing licences for any kind of fishing engine for the taking of salmon in a several fishery.

(3) IFI shall not issue a fishing licence for any kind of fishing engine in a several fishery unless to do so is consistent with the conservation and management, in accordance with the Inland Fisheries Acts 1959 to 2017 of all fisheries, including several fisheries.

11. An application to IFI under this Order for a fishing licence for any kind of fishing engine shall be made in the form specified in Schedule 2 not later than 9 April 2021 at 5.00 p.m. immediately preceding the commencement of the salmon fishing season to which the application relates, and payment of the appropriate licence fee shall be made prior to issue of the fishing licence.

12. The Control of Fishing for Salmon Order 2020 ( S.I. No. 63 of 2020 ) is revoked.

Schedule 1

Articles 3, 5, 6, 7, 9 and 10.

Fishing Licences

Schedule 2

Article 11.

CONTROL OF FISHING FOR SALMON ORDER 2021

APPLICATION FOR A SALMON FISHING LICENCE (OTHER THAN ROD AND LINE)

IN THE _____________________ FISHERY DISTRICT

Part 1

Name of applicant:_________________________ Date of birth:___________

Home address:___________________________________________________

Tel:____________________

1. Details of number of fish caught in last 3 salmon fishing seasons

(a) If you held a salmon net fishing licence for any of the last 3 salmon fishing seasons, indicate in the table below the year or years in which you held the licence and the numbers of fish caught. Alternatively, you may tick the box at the top of the table for the number of fish caught and IFI will enter these details onto the form from your logbook returns during those years.

(b) If you have not held a salmon net fishing licence for any of the last 3 salmon fishing seasons, but were authorised and named on a licence held by another person, complete the table below giving appropriate details of the licence holder and the number of fish caught.

Table

Declaration

2.

(a) I have/have not held a salmon licence issued by the Foyle Carlingford and Irish Lights Commission during the last 3 years (If so give particulars).

(b) I hereby apply for a salmon fishing licence to operate a ___________________ (state type of net etc.) during the _____________________ season in the ______________ fishery district.

(c) I wish to have the following person authorised and named to operate the licence in my absence during the ____________ season in accordance with the Control of Fishing for Salmon Order 2021 .

Name: _____________________________ Date of birth: ___________

Address:__________________________________________________

Tel. No.:_________________________

Signature of applicant:_________________ Date:_________________

Part 2

CERTIFICATE

This certificate must be completed in every application

I, ____________________ certify that Mr/Mrs/Ms_______________________

who is known to me, is ordinarily resident in the address stated in Part I and signed this form in my presence.

PARTS I AND 2 OF THIS APPLICATION FORM MUST BE COMPLETED BEFORE THE FORM IS RETURNED TO THE APPPOPRIATE IFI OFFICE AT THE ADDRESS INDICATED IN PART 3. PLEASE ATTACH BIRTH CERTIFICATE OF APPLICANT AND IF APPLICABLE, OF PERSON AUTHORISED TO OPERATE THE LICENCE.

Part 3

Offices of IFI

GIVEN under my Official Seal,

5 March 2021.

EAMON RYAN

Minister for the Environment, Climate and Communications.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Order authorises the issue of commercial fishing licences by Inland Fisheries Ireland and sets out the criteria under which those licences may be issued and prescribes the maximum number of commercial licences which may be issued.