The Sea Fish Industry (Harbour and Landing Dues) Scheme (Northern Ireland) 2013

Interpretation

2.—(1) The Interpretation Act (Northern Ireland) 1954(1) applies to this Scheme as it applies to an Act of the Assembly.

(2) In this Scheme—

“applicant”, except in relation to an application for review under paragraph 7, means a person making an application for a grant under paragraph 4(1), and “application” is to be construed accordingly;

“the Commission Regulation” means Commission Regulation (EC) No 875/2007 on the application of Articles 87 and 88 of the EC Treaty to de minimis aid in the fisheries sector(2);

“days at sea” means days present in a geographical area subject to a fishing effort regime;

“the Department” means the Department of Agriculture and Rural Development;

“eligible Northern Ireland fishing boat” means a Northern Ireland fishing boat within the meaning of article 2(2) of the Sea Fisheries (Northern Ireland) Order 2002 (3) which—

(a)

has its port of administration in Northern Ireland;

(b)

is under 27 metres’ length overall; and

(c)

has spent 25 days at sea or more during the period 1^st January 2013 to 31^st July 2013 (both dates inclusive);

“grant” means a grant in respect of harbour dues or landing dues payable under this Scheme;

“harbour authority” means a person or body of persons responsible for the management of a port or harbour in the United Kingdom and entitled to make charges in respect of fishing boats entering the port or harbour or using facilities therein;

“harbour dues” means charges made by a harbour authority in respect of the berthing of a Northern Ireland fishing boat;

“landing dues” means charges made by a harbour authority in respect of the landing of fish from a Northern Ireland fishing boat;

“length overall”, in relation to a fishing boat, means the length of the boat measured in accordance with Article 2(1) of Council Regulation (EEC) No 2930/86 defining characteristics for fishing vessels (4); and

“port of administration”, in relation to a fishing boat, means the port from which the licence granted in respect of the fishing boat under section 4 of the Sea Fish (Conservation) Act 1967(5) is issued.

(3) For the purposes of the definition of “days at sea” “days present in a geographical area” has the same meaning as in Article 26(6) of Council Regulation (EC) 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy(6).

(1)

1954 c.33 (N.I.).

(2)

O.J. No L193, 25.7.2007, p.6. Articles 87 and 88 of the EC Treaty are now Articles 107 and 108 of the Treaty on the Functioning of the European Union.

(3)

S.I. 2002/790.

(4)

O.J. No L 274, 25.09.1986, p.1.

(5)

1967 c.84. Section 4 was substituted by the Fishery Limits Act 1976 (c.86), section 3, and relevant amendments have been made by the Fisheries Act 1981 (c.29), section 20, the Sea Fish (Conservation) Act 1992 (c.60), section 1, and S.I. 1999/1820, article 4.

(6)

O.J. No L 343, 22.12.2009, p.1.