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14 December 2009 - Lost at Sea Scheme

Part Two - Investigation Report (Section 2. Background)

2.1   In 1990 a new regulatory system became operative for the Irish Sea Fishing Fleet which effectively meant that “replacement capacity” i.e. tonnage and kilowatts was now required for Sea Fishing boat owners who wished to continue to fish, fish in a new or larger boat or to commence to fish. This meant that the overall fleet capacity was limited and to get new capacity a boat owner had to “take out” old capacity. In practice this led to the development of a market in replacement capacity.

2.2   As often happens following the introduction of changes to a regulatory system the new regime caused difficulties for some former boat owners who believed the new system to be unfair and who claimed they were unable, because of their particular circumstances, to purchase replacement capacity. In June 2001, the Department launched the Lost at Sea Scheme which it said was designed to address the needs of those boat owners who had lost their Boats at Sea in the period 1980 to 1989 and who effectively, but for their misfortune, would have had a boat on which replacement capacity would have been assessed under the new regulatory system of 1990. Successful applicants under the Scheme would be granted capacity in their own right which would have enabled them to carry on a tradition of fishing. The Scheme did not provide financial support to successful applicants for the acquisition of a replacement fishing vessel itself and the replacement capacity (i.e. gross tonnage and engine power) granted under the Scheme had to be used by the replacement fishing vessel and could not be sold on or otherwise traded or realized as a financial asset in the tonnage market. The Scheme was initiated by the then Minister, Frank Fahey TD following representations from a number of fishermen seeking replacement tonnage.

2.3    Letters regarding the Lost at Sea Scheme were sent on 8 June 2001 by the Department to the following representative organisations: Seán O’Donoghue of Killybegs Fishermen’s Organisation (KFO), Frank Doyle of the Irish Fishermen’s Organisation, Jason Whooley of the Irish South and West Fish Producers Organisation and Mark Lochrin of the Irish Fish Producers Organisation (IFPO) and persons involved in the 16 cases held on file in the Sea Fisheries Division of the Department, which was the section within the Department responsible of drawing up and implementing the Scheme. The letters announced the launch of the Scheme and its closing date and a copy of the Scheme was enclosed. The letters indicated that applications should be made on the formal application together with the necessary supporting documentation. The Lost at Sea Scheme was also advertised by the Department in various commercial fishing publications but not in any regional or national newspapers.

2.4   The closing date for receipt of applications was 31 December 2001. The application from the Byrne family, dated 31 December 2002, was received in the Department on 7 January 2003. This application was refused by the Department as being outside the closing date. The Department also claimed that even if the application had been received within the time limit specified in the published Scheme it would have been bound to fail as Francis Byrne was not the owner and skipper of the Skifjord for a ‘considerable period of time’ (see item (c) of Appendix 1 which was interpreted by the Department as being a two year period) as he had only purchased the vessel shortly before its loss. Mr Byrne had in fact been fishing continuously since 1975, in the Loretto until 1981, and then the Skifjord from July 1981 until it sank in October 1981. A total of 67 applications were received by the Department, following the publication of the Scheme, of which six were ultimately successful including two of the 16 which were previously held on file by the Sea Fisheries Division of the Department. 

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