Fishery Harbour Centres (Rates and Charges) Order 2012 (No. 214 of 2012)

STATUTORY INSTRUMENTS. S.I. No. 214 of 2012 ———————— FISHERY HARBOUR CENTRES (RATES AND CHARGES) ORDER 2012 2 [214] S.I. No. 214 of 2012 FISHERY HARBOUR CENTRES (RATES AND CHARGES) ORDER 2012 I, SIMON COVENEY, Minister for Agriculture, Food and the Marine, in exercise of the powers conferred on me by section 4 of the Fishery Harbour Centres Act 1968 (No. 18 of 1968) and the Sea Fisheries, Foreshore and Dump ing at Sea (Transfer of Departmental Administration and Ministerial Functions) Order 2007 (S.I. No. 707 of 2007) (as adapted by the Agriculture, Fisheries and Food (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 455 of 2011)), having complied with section 4(7)(a) of that Act, hereby order as follows: 1. (1) This Order may be cited as the Fishery Harbour Centres (Rates and Charges) Order 2012. (2) This Order shall come into operation on 1 July 2012. 2. In this Order— “fish” includes anadromous and catadromous species and all crustaceans and molluscs found in the sea and the brood and spawn of fish, and references to a fish are to be read as including references to part of that fish; “fishing vessel” means a sea-fishing boat entered in the Register of Fishing Boats maintained under section 74 of the Sea-Fisheries and Maritime Jurisdiction Act 2006; “length” and “length overall” have the meaning assigned to them by Regulation 2 of the Mercantile Marine (Tonnage) Regulations 2007 (S.I. No. 369 of 2007); “licensed fishing vessel” means a vessel holding a current sea-fishing boat licence granted under section 4 of the Fisheries (Amendment) Act, 2003 (as inserted by section 97 of the Sea-Fisheries and Maritime Jurisdiction Act, 2006) as amended. 3. (1) Each rate or charge specified in column (3) of Schedules 1 and 2 at a particular rate or charge is fixed as the rate or charge for the use of the facility or service described in column (2) of each Schedule in the following centres: (a) Castletownbere Fishery Harbour Centre; (b) Dunmore East Fishery Harbour Centre; (c) Howth Fishery Harbour Centre; (d) Killybegs Fishery Harbour Centre; Notice of the making of this Statutory Instrument was published in “Iris Oifigiúil” of 26th June, 2012. [214] 3 (e) Rossaveel Fishery Harbour Centre; (f) Dingle Fishery Harbour Centre. (2) The rates or charges in Schedule 2 are fixed as the maximum rates or charges chargeable in respect of the use of the facility or service described. (3) The rates or charges specified in the Schedules in respect of a month, week or day apply to the full period or any part thereof, as the case may be. 4. (1) A rate or charge fixed by this Order shall be paid to the Minister by the person using the facility or service concerned. (2) In the event that any rate or charge is in arrears by 90 days or more the Minister may withdraw all services from that vessel or any other vessel owned by the same person and refuse entry of such vessel to any of the Fishery Harbour Centres until the debt is discharged. (3) The amount of any rate or charge payable under this Order may be reco vered by the Minister either as a simple contract debt in a court of competent jurisdiction or by distress and sale of any vessel or goods in respect of which the rate or charge is payable. 5. Any rates, charges or other monies owed under the Order revoked by Article 6 are payable as if due under this Order. 6. The Fishery Harbour Centres (Rates and Charges) Order 2003 (S.I. No. 439 of 2003) is revoked. 4 [214] SCHEDULE 1 Charge Description of Facility or Service Rate or Charge Number (1) (2) (3) 1 Annual composite harbour entry charge for any €3 per gross ton per fishing vessel using the facilities at any one or more calendar year payable in than one Fishery Harbour Centre advance 2 Single harbour entry charge for any fishing vessel €0.50 per gross ton using the harbour facilities 3 Harbour entry charge for merchant vessel €0.50 per gross ton 4 Use of harbour in connection with discharging of fish— (a) value: 0 — €500 per tonne €4 per tonne/ €0.20 per 50 kg (b) value: €501 — €10,000 per tonne €10 per tonne/ €0.50 per 50 kg (c) value: €10,001 or more per tonne €40 per tonne/ €2 per 50 kg (d) landings of mackerel and horse mackerel, over €14 per tonne/ 2 tonnes €0.70 per 50 kg Fish Values to be based on the average price in the relevant harbour in the previous calendar year as determined by the Sea Fisheries Protection Authority. Previous calendar year values will come into effect on 1 June each year. Note: Where average price values for the previous calendar year are not available either current values or values for the most recent calendar year available, whichever is the higher, will be substituted. (e) fish for reduction to fishmeal €2 per tonne/ €0.10 per 50 kg 5 Landing of whitefish (to include the use of harbour €400 per landing in connection with harbour entry, discharging of whitefish, use of fresh water and disposal of ship generated waste). This charge may not be combined with the entry and landing charges as set out in 1, 2 and 4 above during the calendar year. 6 Use of harbour in connection with the loading of €2 per tonne frozen fish Note: In the case of a Single Cargo Movement (the immediate transfer of frozen fish products from one vessel to another vessel both of which are alongside the pier), the charge will be limited to one charge of €2 per tonne only. This definition does not apply to frozen fish stored in a cold store and subsequently transferred to a vessel at the pier. [214] 5 Charge Description of Facility or Service Rate or Charge Number (1) (2) (3) 7 Use of harbour by tug boats and other non-fishing vessels, other than yachts, pleasure craft, and tug boats set out in (c) below, for purposes other than loading or discharging: (a) after 7 days €0.30 per gross ton per week (b) after 28 days €1 per gross ton per week (c) tug boats normally located at a Fishery €200 per calendar year Harbour Centre for 180 days or more in a calendar payable in advance year and offering tug boat services to Fishery Harbour Centre users 8 Use of harbour by vessels not registered as fishing vessels or not holding a current sea-fishing boat licence, by deregistered fishing vessels, by hulks, derelicts or any other vessel not otherwise specified in this Order: (a) up to 20m in length: (i) for first 6 weeks €75 per week (ii) for second 6 weeks €150 per week (iii) for thereafter €300 per week (b) over 20m in length: (i) for first 6 weeks €100 per week (ii) for second 6 weeks €200 per week (iii) for thereafter €400 per week 9 Use of fresh water (mandatory on all vessels using a Fishery Harbour Centre whether or not they use fresh water) other than vessels paying under charge no. 5 and charge no. 10 in this Schedule and charge no. 17 in Schedule 2: (a) fishing vessels (6 metres or more in length €30 per month per vessel overall — Loa) or €2.50 per cubic metre metered (b) pelagic vessels €90 per month per vessel or €2.50 per cubic metre metered (c) all other vessels €2.50 per cubic metre metered *Note: If a charge for fresh water is levied at one Fishery Harbour Centre this charge will not be levied in another Fishery Harbour Centre used within that month. 6 [214] Charge Description of Facility or Service Rate or Charge Number (1) (2) (3) 10 (a) Use of harbour by a passenger vessel engaged €85 per entry, or €8,500 on a domestic voyage and with a permitted per calendar year payable complement of 100 passengers or more in advance (b) Use of harbour by a passenger vessel with a permitted complement of 13 to 99 passengers: (i) less than 14 meters in length €25 per entry, or €2,500 per calendar year payable in advance (ii) 14 meters or more in length €40 per entry, or €4,000 per calendar year payable in advance (c) Use of harbour by small passenger boats €17 per entry, or €1,150 licensed to carry up to 12 passengers per calendar year payable in advance (d) Use of harbour by cruise vessels on an €1.20 per passenger per international voyage entry 11 (a) Use of slipway for launch and recovery of €5 per boat per day or pleasure craft (except boats serving swing €50 per boat per annum moorings) (b) Use of slipway for inspection or wash down of €30 per day fishing vessel or pleasure craft or passenger vessel licensed to carry less than 12 passengers (c) Use of slipway for inspection or wash down of €100 per day passenger vessel capable of carrying 12 or more passengers 12 Use of syncrolift for— (a) lifting and lowering €20 per metre in length/ length overall (Loa) (b) transferring to loading bay €10 per metre in length/ length overall (Loa) (c) standing in repair bay for 1 to 28 days (except €100 per day when a vessel has to remain in repair bay to facilitate an official inspection) (d) standing in repair bay 29 days or more (except €200 per day when a vessel has to remain in repair bay to facilitate an official inspection) (e) standing in covered repair bay €100 per day extra (f) supply of waste skip €250 per lift (g) supply of water: (i) where metering is not available €30 per day (ii) where metering is available €2.50 per cubic metre [214] 7 SCHEDULE 2 Charge Description of Facility or Service Rate or Charge Number (1) (2) (3) 1 Miscellaneous pier cleaning and disposal of Full cost of cleaning and abandoned waste waste disposal plus an additional €500 2 Goods improperly stored or causing an obstruction €100 per day or not approved by the Harbour Master 3 Release of property or goods impounded €250 4 Car parking — 8am to 8pm €1 per hour or €8 per day 5 Lorry parking (unattended) at any time €5 per hour 6 Trailer parking (unattended) at any time €5 per hour 7 Release of car/lorry/trailer clamp €150 8 (a) Small craft storage under 6 metres length €10 per week (b) Small craft storage 6 — 8 metres length €15 per week (c) Small craft storage over 8 metres length €20 per week 9 (a) Use of swing moorings by vessels up to 5.5 €200 per year metres in length (b) Use of swing moorings by vessels over 5.5 €300 per year metres in length 10 Disposal of ship generated waste*. A vessel of — (a) less than 10 gross tons €20 per month (b) 10 or more gross tons €40 per month (c) 20 or more gross tons €60 per month (d) 30 or more gross tons €80 per month (e) 100 or more gross tons €100 per month *Note: 1. This charge is mandatory on all vessels using a Fishery Harbour Centre whether or not waste is disposed of. 2. If a charge for disposal of waste is levied at one Fishery Harbour Centre in a month this charge will not be levied in another Fishery Harbour Centre used within that month. 11 Unauthorised use of berth or mooring €500 per day 8 [214] Charge Description of Facility or Service Rate or Charge Number (1) (2) (3) 12 Supply of electricity where power cards are not Charged at the prevailing available electricity rate (including VAT) plus a 10% administration fee 13 Use of weighbridge for— (a) weighing of fish (This charge shall not apply to €10 per weighing the weighing of fish arising from obligations under Council Regulation (EC) No. 1224/2009 of 20 November 20091 and Commission Implementing Regulation (EU) No. 404/2011 of 8 April 20112, as may be amended.) (b) weighing of all other loads on a normal €30 per weighing working day (c) weighing of all other loads at weekends and €100 per weighing public holidays 14 Use of a Fishery Harbour Centre forklift, harbour launch and other harbour equipment (if available and at the discretion of the Harbour Master): (a) during a normal working day €50 per hour (b) at weekends and public holidays €100 per hour Note: Harbour equipment will at all times be operated by harbour staff. 15 Use of harbour in connection with the loading and discharging of cargo as follows: (a) metals — girders, mesh, steel tubes, pipes, etc. €1.20 per tonne (b) timber — hard, soft, logs, poles, etc. €1 per tonne (c) sand, gravel, crushed stone, etc. €1.25 per tonne (d) offshore oil or gas related exploration or €1.05 per tonne production goods (e) bagged coal €0.90 per tonne (f) cement, concrete products €1.10 per tonne (g) animal feed and grain €1 per tonne (h) machinery, manufactured from metals and non- €2 per tonne ferrous metals (i) cargo (other than those specified in this charge €2 per tonne number) 16 Lay down charges €2 per metre squared per month 1OJ No. L.343 of 22.12.2009, p.1. 2OJ No. L.112 of 30.4.2011, p.1. [214] 9 Charge Description of Facility or Service Rate or Charge Number (1) (2) (3) 17 Berthing of yachts and pleasure crafts: Payable on entering the harbour or in advance (a) annual rate (1 April to 31 March) €180 per metre in length (b) summer rate (1 April to 30 September) €150 per metre in length (c) winter rate (1 October to 31 March) €80 per metre in length (d) short stay during working hours and not on €10 berth after 5 p.m. (maximum 6 hours) (e) overnight rate (6 to 24 hours) €2 per metre in length with a minimum charge of €15 (f) weekly rate (1 April to 30 September) €14 per metre in length (g) weekly rate (1 October to 31 March) €12 per metre in length (h) monthly rate (1 April to 30 September) €50 per metre in length (i) monthly rate (1 October to 31 March) €35 per metre in length *Note: Berthing spaces are subject to availability and at the discretion of the Harbour Master. Electricity charges will also apply. GIVEN under my Official Seal, 21 June 2012. SIMON COVENEY, Minister for Agriculture, Food and the Marine. 10 [214] EXPLANATORY NOTE (This note is not part of the instrument and does not purport to be a legal interpretation). This Order prescribes revised rates and charges applicable at Fishery Harbour Centres with effect from 1 July 2012. 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