Conor Lenihan (Dublin South West, Fianna Fail)

I understand that there has been no formal agreement between Ireland and the United Kingdom on the delimitation of a territorial waters boundary between the two States. However, the policy of the two Governments has been to co-operate in a pragmatic fashion.

In this regard, in order to provide for the management and conservation of the fishery stocks in the Lough Foyle area it was agreed between both jurisdictions to set up the Foyle Fisheries Commission under the Foyle Fisheries Act 1952 and its Northern Ireland equivalent. This Act put in place an agreement on fishing rights in the tidal waters of the lough and River Foyle and its tributaries. The commission had joint representation from both jurisdictions.

As the Senator is aware, the functions of the Foyle Fisheries Commission were transferred under the British-Irish Agreement Act, 1999 and the North-South Co-operation (Implementation Bodies) (Northern Ireland) Order 1999, to the Loughs Agency of the Foyle Carlingford and Irish Lights Commission. The agency is currently under the co-sponsorship of the Department of Communications Energy and Natural Resources and the Department of Agriculture and Rural Development in Northern Ireland.

The Act of 1952 was amended in 2007 through the Foyle and Carlingford Fisheries Act 2007 and its Northern Ireland equivalent, the Foyle and Carlingford Fisheries (Northern Ireland) Order 2007. This, in addition to the functions of the Foyle Fisheries Commission, empowered the Loughs Agency to conserve, protect, develop and manage shell fisheries and aquaculture in the Loughs areas, enabling for the first time the introduction of an agreed regulatory regime for aquaculture and wild shell fisheries in Lough Foyle. It also extended the agency's fisheries conservation and protection role to Carlingford Lough.

The relevant secondary legislation in relation to aquaculture has not yet been introduced, as it is necessary for the agency, inter alia, to secure a long-term lease of the cross-Border foreshore areas under its responsibility in Lough Foyle and Carlingford Lough. This will be done by way of a formal foreshore management agreement between the Loughs Agency, the Department of Agriculture, Fisheries and Food and the Crown Estates Commission, which are the responsible bodies for the management of foreshore in both jurisdictions. This will facilitate the introduction of a structured management system for aquaculture in the loughs with the objective of achieving sustainable development to the social, economic and environmental benefit of the communities who influence, enjoy and depend on the resource. Negotiations are at an advanced stage between the parties mentioned and it is expected that agreement should be finalised in the near future.