John Browne (Wexford, Fianna Fail)

I thank the Senators for their contributions. It was very interesting and enlightening. As I said at the outset we have little room for amendments or changes. I welcome that Senators have not tabled amendments because it is important that the Bill is passed as quickly as possible.

The penalties North and South have been made as consistent as possible, allowing for local conditions, so that offenders should be subject to similar penalties in either jurisdiction. A number of Senators mentioned consultation. The agency's consultation process operates under the oversight of the North-South Ministerial Council. It can be improved if any difficulties arise in its operation at that level. The implementation plan sets out how the agency proposes to regulate aquaculture activities and under this plan consideration will be given to the applicant's history, commitment and experience in the aquaculture sector, including previous financial investments. A number of Senators raised that point.

The rights of tenure of long-standing operators in Lough Foyle was raised. At present, existing operators do not have any legal rights to operate in any particular area in Lough Foyle. The Lough Foyle area is a public fishery and, consequently, individual persons cannot have exclusive rights. This situation will change when the legislation is enacted and the Loughs Agency licenses aquaculture activities in the area. Individual licence holders will then have the exclusive right in the licence area to cultivate that area and the ownership of any fish it farms will vest in the licensee.

In respect of the designation of Lough Foyle for oyster, mussel and aquaculture activity, it is envisaged that the agency will carry out a full environmental impact statement which will allow it to determine areas where wild shellfisheries, aquaculture and areas requiring to be designated under the EU environmental legislation are. This is the first step towards making decisions on the various designations and will be an open and transparent public process.

Through its statutory advisory forum, the Loughs Agency published its proposals to manage the wild salmon fishery in 2007. The response to these proposals will inform the licensing regime and adequate time will then be allowed for the processing of licence applications for the 2007 season.

Senator McHugh raised the issue of the seed mussel. An all-island system already oversees the allocation of mussel seed and the Loughs Agency participates in decisions regarding such allocations. It is important that this system operates on an all-Ireland basis as it ensures that all operators in need of access to mussel seed are treated fairly, regardless of their location on the island. It is planned to make the agency an authorised officer under the Sea Fisheries and Maritime Jurisdiction Act 2006 to enforce mussel seed allocation regulations in the Foyle area.

In respect of draft net licences, there will be a new licensing regime for salmon in the Foyle area to take account of the habitats directive. The delay in issuing licences is due to the need to introduce new regulations and to allow for decisions on the management of fishing in the area. The EU sea fish species quota will continue to be regulated as at present. Fish for aquaculture purposes includes sea fish, freshwater fish and shellfish and will be regulated by the agency.

I again thank the Senators for their contribution. As I said at the outset, the Bill is the result of a long and detailed negotiation process across a range of Departments and agencies, North and South. I thank my officials, who with me, because they have spent a long time going to and from the North to meet officials there. There have been protracted and sometimes very difficult and tough negotiations, but I am pleased to say that all the difficulties were ironed out during the debate and dialogue that took place over a long period of time.

I hope the Bill will be enacted as quickly as possible. I thank the Acting Chairman and Senators for facilitating this debate and I look forward to moving on to the next Stage.