Mary Upton (Dublin South Central, Labour)
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Question 182: To ask the Minister for Communications, Marine and Natural Resources re his responsibilities to ensure the free movement of fish up rivers to reach their spawning beds, especially salmon and sea trout which are threatened by over-fishing; if he was consulted regarding the recent works carried out on the River Slaney at Ballycarney Bridge in Ballycarney, County Wexford; his views on the works in question; if they were communicated to the persons concerned; if his attention has been drawn to the fact that the works were carried out in such a manner as will now make the passage of salmon and trout hazardous and difficult; the steps he will take to rectify the situation; and if he will make a statement on the matter. [28575/04]

Pat Gallagher (Donegal South West, Fianna Fail)
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I understand that Wexford County Council has this year been carrying out extensive strengthening works at Ballycarney Bridge on the River Slaney. These works were scheduled to be completed by the end of September 2004, but at that time the county council advised the Department of Communications, Marine and Natural Resources that additional emergency works were required to prevent further deterioration in the bridge superstructure that, if not rectified, could lead to subsidence or collapse of the bridge, with potential flooding, not to mention traffic difficulties, resulting. As this meant the works were heading into the fisheries close season, Wexford County Council applied to the Department of Communications, Marine and Natural Resources, as required under section 6(1) of the Local Authorities (Works) Act 1949, seeking approval for an extension of time to carry out these further remedial works.

On 19 October 2004, the Department of Communications, Marine and Natural Resources gave its approval for the essential works by the county council to proceed subject to the following conditions: that Wexford County Council comply with any requirements and directions that the Eastern Regional Fisheries Board may make in connection with these works, and that Wexford County Council adopt suitable practices to minimise any risk of spillage of any fuels, paint, cement or any other pollutant matter into the watercourses. In particular, it was specified that the works should conform to the Department's publication entitled "Fishery Guidelines for Local Authority Works", dated 1998, unless as otherwise varied or directed by the Eastern Regional Fisheries Board.

Under the Fisheries Acts, primary responsibility for the conservation, protection and management of inland fisheries stocks rests with the local fisheries board, in this case the Eastern Regional Fisheries Board.

I am advised by the board that during the course of the works carried out by Wexford County Council at Ballycarney Bridge, the passage of fish was not obstructed. The board further advises me that since the remedial work was completed by the county council, the river has been in flood but that it is the board's belief that the works involved have not altered conditions in a negative way regarding the free passage of fish upriver at Ballycarney Bridge. The Eastern Regional Fisheries Board assures me, however, that it will continue to monitor the river conditions at the bridge and will liaise with the Department and Wexford County Council in this matter should the need arise.