Appellant: mr michael patten, shrone, bunacurry, achill, co. Mayo




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DETERMINATION OF SEA-FISHING BOAT APPEAL

UNDER SECTION 16 OF THE FISHERIES (AMENDMENT) ACT 2003
APPELLANT: MR MICHAEL PATTEN, SHRONE, BUNACURRY, ACHILL, CO.MAYO
BOAT: ANASTACIA SO 266P/ REPLACEMENT CAILIN BAN WT 30
Having considered the Appeal, with all supporting documentation, including the letters of 14th January 2006 (7) and the 6th March 2007 and the certificate from Mr Declan Nee as per 28th March 2007 e-mail.
DECISION: The appeal is allowed.

REASON FOR DECISION: The appellant applied to replace his potting vessel ANASTACIA SO 266P, with the CAILIN BAN WT 30 under the inshore potting scheme, for the licensing of traditional pot-fishing boats in the Irish inshore fleet, which he is entitled to do if the replacement boat is of equal or smaller length, and gross tonnage. I have looked at the scheme and note that it its silent with regard to the engine size (KW's) of the boat and therefore I do not believe I can consider same.
There is a surveyors report on file from a BIM inshore officer Mr Declan Nee which measures the boat at :
Anastacia

Length 10.12 m ; Breadth 3.14 m ; Depth 1.52 as per Declan Nee.


Cailin Ban

Length 9.55m ; Breadth 2.73.m ; Depth 1.00m as per Declan Nee.


The Department's measurements of the Cailin Ban, as per the sea boat licensing register are :

Length 10.21 ; Breadth 3.2 m ; Depth 1.68 m.


It is clear to me that the difference in measurements between the Anastacia and the Cailin Ban, whether one takes the Departments records are Mr Nee's are of a de minimis nature and I am satisfied that the appellant's replacement boat is acceptable for the purposes of the scheme.

Gross Tonnage and Engine Power
Anastacia

Gross Tonnage 7.41 GT and 20.03 KW's engine power.


Cailin Ban

Gross Tonnage 9.67 GT and 26.86 KW's engine power.


As stated above, I feel that I cannot deal with the kilowatts measurement. I note that Mr Nee's certificate of measurement does not deal with Gross Tonnage or Kilowatts and I have nothing in front of me other than the seaboat licensing register details.
The appellant states in his 6th March letter that Mr Nee's report shows the GT of the Cailin ban is less that the Anastacia but I have read this report and it is not contained in it. However, there is a 20th November 2006 interdepartmental memo that provides that the Department on balance could accept the replacement MFV Cailin Ban under the tonnage heading and therefore as I cannot deal with the kilowatt differential, the appeal is granted.

_____________

Michael Vallely BL

Law Library,

Four Courts,

Dublin 7



16th April 2007


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