Seán Kyne (Galway West, Fine Gael) | Oireachtas source

I am charged with responsibility for natural resources. That is why I am here for all debates regarding inland fisheries. There is no issue of the Minister choosing not to come in here. Only on the odd time when I might not be able to attend would the Minister attend in my absence.

IFI does not prosecute juveniles for the non-payment of permits on the River Shannon. On the last occasion, the Senator brought up the issue of the permits. The Central Fisheries Board entered into a lease with the ESB in October 1998 for a period of 21 years to lease and manage the waters of the upper Shannon, including all of the main tributaries and their catchments. Section 16 of the lease specifies the lessor, the ESB in this case, agrees that the lessee shall be at liberty to charge for fishing in the fishery and retain any revenues so derived. The former Shannon Regional Fisheries Board, now IFI, continues to manage the waters in return for a permit charge on privately-owned, that is ESB, fisheries.

While the perception among many is that the waters for the upper Shannon, for which there is permit charge, are State waters, they are in fact privately owned by the ESB. The majority of the angling community is not aware of this subtlety. It would likely advance the argument that as the waters are privately owned by the ESB which is, in turn a State company, then the waters are State waters. However IFI’s understanding is that the current legal position is that the waters of the upper Shannon are privately owned by the ESB and, hence the permit charge applies as it would in all private fisheries. The midlands permit is a charge to exercise the right to fish in private waters, in this case the ESB’s private waters. The permit charge is consistent with paying to enter any other private fishery.

This Bill seeks to ensure a transposition of the powers that were not transposed properly in the 2010 Act. Section 178 of the Fisheries (Consolidation) Act 1959 deals with permits and is not in any way affected by this Bill.

The revenue collected from the midlands fisheries scheme is re-allocated to clubs in its own area. A significant portion of that fund has been re-invested in County Roscommon, something which I am sure the Senator will welcome.

There is an ESB charged permit for fishing on the lower Shannon and the Mulkear River.