Section 3 Decommissioning grants
Any person who owns a registered vessel—
which is over 10 metres in length,
in respect of which there is a licence which authorises fishing in all or any part of the Community waters for all or any of the species of sea fish for which the United Kingdom has a share of the Community total allowable catchf1 and which are specified in sub-paragraph (2) below,
which whilst registered as a United Kingdom vessel has, during each of the calendar years 1993 and 1994, spent at least 100 days at sea on fishing trips in any part of the relevant area,
which is at least 10 years old at the date of the application, and
which, in the case of a vessel over 12 metres in registered length had, on the date of application, either a valid vessel certificate under the provisions of the Fishing Vessels (Safety Provisions) Rules 1975f2, or a letter confirming the completion of a satisfactory survey issued by the Secretary of State for Transport, or, in the case of any other vessel, in the opinion of the Ministers is fit for undertaking fishing trips without the need for major repairs or alterations,
may make an application to the Ministers in respect of that vessel.
The species of sea fish mentioned in sub-paragraph (1)(b) above are herring (Clupea harengus), mackerel (Scomber scombrus), saithe (Pollachius virens), anglerfish (Lophiidae), cod (Gadus morhua), haddock (Melanogrammus aeglefinus), whiting (Merlangius merlangus), hake (Merluccius merluccius), plaice (Pleuronectes platessa) and sole (Solea solea).
Notwithstanding sub-paragraph (1) above, no person may make an application in respect of any fishing vessel—
in respect of which an application was approved by the Ministers under the Fishing Vessels (Decommissioning) Scheme 1994f3 but which was not decommissioned; or
which between 1st January and 31st December 1994 spent more days at sea on nephrops fishing trips than on any other fishing trips.
Annotations
Footnotes
- f1
-
See Council Regulation (EEC) No. 3362/94 (O.J. No. L363, 31.12.94, p.1), as amended by Council Regulation (EEC) No. 746/95 (O.J. No. L74, 1.4.95, p.1), which, for the year 1995, fixes the total allowable catches (TACS) for certain fish stocks and groups of fish stocks and specifies the allocation of the share of the TACS available to each of the member states.
- f2
-
S.I. 1975/330, amended by S.I. 1975,471, 1976/432, 1977/313, 49, 1978/1598, 1873, 1981/567, 1991/1342 and by the Fisheries Act 1981, Schedule 3, paragraph 8(3).
- f3
-
S.I. 1994/1568.
- f4
-
O.J. No. L288, 11.10.86, p.1.
- f5
-
The relevant amending regulation of the European Community is Council Regulation (EEC) No. 1769/94 (O.J. No. L187, 22.7.94, p.1).