Fergus O'Dowd (Louth, Fine Gael)

Inland Fisheries Ireland, IFI, is the agency responsible for the issuing of oyster dredge licences under the 1959 Fisheries (Consolidation) Act. As the Deputy will appreciate, there are other consent processes required in order to engage in commercial oyster fishing. IFI does not have any powers in this regard but does ensure that licences are issued to established oyster fishermen.

Prior to granting of an oyster dredge licence, applicants must satisfy the fishery district inspector that they have a suitable boat, capable of operating a dredge, and a dredge. In addition, all vessels engaged in commercial fishing need to be licensed and registered as sea fishing boats with the Department of Agriculture, Food and the Marine.

Section 278 of the 1959 Act is very prescriptive and does not provide any discretion for IFI in the issuing of licenses. I am advised that IFI believes that if it were to refuse to issue a licence on the basis of the applicant not having completed other consent processes, it would be acting ultra vires.

It has always been the responsibility of each applicant to ensure compliance with the full consent processes in order to validate operations in regard to the oyster dredge licence.

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