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14 December 2009 - Lost at Sea Scheme

Part Two - Investigation Report - Appendix One (Fishing Vessels Lost at Sea - Criteria for Considering Applications for Replacement Capacity)

The capacity of a vessel which was lost at sea before the coming into operation of the Register set up by the 1989 Regulations will, as an entirely exceptional measure, be accepted as replacement capacity provided that the Department is fully satisfied, by reference to appropriate documentary evidence that:

(a)  the applicant was the owner and skipper of a registered Irish sea fishing boat which was lost at sea

(b)  the boat in question was lost at sea after 1 January 1980 as a result of an accident, and as such loss has been verified by the emergency services or another independent source acceptable to the Department

(c)  the boat in question is shown, by reference to logsheet returns or other appropriate records, to have been in active and continuous use for a considerable period of years by the person concerned for sea fishing of a category now covered by the replacement policy rules, until its loss at sea

(d)  the lost vessel was the sole means (i.e. the only vessel) of the applicant for engaging in sea fishing

(e)  the applicant was unable, for verified financial or related reasons, to acquire a replacement vessel, or any other registered vessel before the introduction of the new register pursuant to the 1989 regulations

(f) the applicant has been unable also, for verified or related reasons, since the inception of the new registered system, to acquire a fishing vessel to engage in sea fishing of the same class or description as was carried out by the vessel lost at sea, or any other sea fishing vessel which is subject to the replacement policy regime

(g)  the applicant did not receive any financial benefit from the loss

The capacity of a fishing vessel lost at sea will be accepted as replacement capacity for licensing purposes only if it is to be used for the purposes of sustaining or maintaining a family tradition of sea fishing. Any capacity accepted as replacement capacity must therefore be used for the purposes of introducing a replacement for the lost vessel which will be owned and skippered by the applicant or by an immediate relation of the applicant. Any capacity from a lost vessel so used may not be sold or otherwise disposed of.

Applications under the scheme must be received by 31 December 2001.

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