John Perry (Sligo-Leitrim, Fine Gael)
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Question 342: To ask the Minister for Communications, Marine and Natural Resources if he has authorised dredging for mussel seed within Lough Swilly; if so, the purpose of activity; the basis on which licences have been awarded to facilitate the harvesting of mussel seed in Lough Swilly; if the mussel seed is being transferred to Lough Foyle, the measures taken to ensure that the disease Bonamia Ostrea, which is prevalent in Lough Foyle, is not transferred to Lough Swilly; and if he will make a statement on the matter. [30592/06]

John Browne (Wexford, Fianna Fail)
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Under the Voisinage Agreement the mussel seed fishery in Ireland is managed on an all-island basis. On advice from a joint advisory committee, I authorise mussel dredging by Irish Registered Fishing vessels in Irish waters and waters around Northern Ireland for the purpose of ongrowing on aquaculture sites.

The joint advisory committee, comprising representatives from the Department of Communications, Marine and Natural Resources (DCMNR), Bord Iascaigh Mhara (BIM), Department of Agriculture and Rural Development (DARD) in Northern Ireland and the Loughs Agency, assesses applications for allocations of Mussel seed and advises the Department and DARD in Northern Ireland accordingly. The advisory committee's recommendations for allocations are based on factors such as the operator's track record and production levels of bottom mussels. Allocations are made in respect of an authorised vessel and specified aquaculture sites. The purpose of dredging for mussel seed in Lough Swilly, or in any other waters, is specifically for relaying the seed to the operators' own licensed aquaculture sites. The proposed allocations are submitted to the Department for my approval prior to the issuing of authorisations to fish for mussel seed.

In line with the requirements of EU regulations, under Irish legislation, measures are in place, which provide for the control of movements of shellfish from bays around the coast. Following the detection of bonamia ostrea in Lough Foyle last year, specific controls were put in place on movements of shellfish from the lough by SI 500 of 2005. In addition, a comprehensive range of guidelines, drawn up by this Department working with the Department of Agriculture & Rural Development, Northern Ireland, the Marine Institute and the Loughs Agency, has been put in place in respect of shellfish operations in Lough Foyle. A copy of the guidelines was circulated to all operators on the 28th of July 2005 to help prevent the spread of the parasite. Operators have been strongly advised to adhere to these guidelines.

Based on the framework outlined above, applications made to this Department to move shellfish originating in Lough Foyle for ongrowing in areas free of bonamia, would be refused. A movement licence was issued by the Department to move 850 tonnes of mussel seed from Lough Swilly, which is free of bonamia ostrea, to Lough Foyle in February 2006.

John Perry (Sligo-Leitrim, Fine Gael)
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Question 343: To ask the Minister for Communications, Marine and Natural Resources the circumstances under which fisheries officers, in September 2006 approached wild oyster fishermen licensed by the Northern Regional Fisheries Board and gave them notice in writing to cease and desist their dredging activities; and if he will make a statement on the matter. [30595/06]

John Browne (Wexford, Fianna Fail)
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The position is that all Irish fishing vessels engaged in commercial fishing activities are required to be appropriately licensed and registered as such.

In early September 2006, on foot of a joint Department of Communications, Marine and Natural Resources and Naval Service patrol, a number of the vessels operating in the Lough Swilly Wild-Oyster fishery were found not to be correctly licensed and registered, and written warnings issued by the Naval Service to two fishing vessels in that regard.

The other fishing vessels found to be operating in Lough Swilly on that day were given instructions by a Department of Communications, Marine and Natural Resources Sea Fishery Officer to return to port until they could establish that they were appropriately licensed and registered to engage in commercial fishing.

Although the Naval Service operates entirely independently in the carrying out of its functions of fishery control, on this particular occasion the Naval Service was engaged in one of a number of joint operations with the Department of Communications, Marine and Natural Resources to regulate inshore fisheries.

Licences issued by the Northern Regional Fisheries Board relate to participation in a given fishery in its area of responsibility only.

John Perry (Sligo-Leitrim, Fine Gael)
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Question 344: To ask the Minister for Communications, Marine and Natural Resources the element of his Department resources which is responsible for dealing with the Lough Swilly wild oyster fishery; if his attention has been drawn to the issues underlying the conflict in Lough Swilly; if he is satisfied that all possible action has been taken to address and resolve the dispute; and if he will make a statement on the matter. [30596/06]

John Browne (Wexford, Fianna Fail)
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The Lough Swilly Wild Oyster Fishery is regulated by the issue of oyster fishing licences by the Northern Regional Fishery Board on an annual basis. Approximately 30 operators are licensed to fish for wild oysters within the Lough.

The Department has received reports of encroachment by some oyster fishermen into a licensed aquaculture site within the Lough. The allegations have been investigated by the Department in consultation with the Naval Service, which has recently undertaken patrols in the Lough.

The Department has advised the representatives of the Lough Swilly Wild Oyster Development Association that fishing within a licensed aquaculture site is an offence under the Fisheries (Amendment) Act, 1997 and that there are no circumstances in which such encroachment can be justified.

An application for an aquaculture licence by the Association in respect of oyster beds identified in a survey undertaken by Aquaculture Initiative is under consideration. Officials of the Department have met representatives of the Association and advised them as to the further information required to allow consideration of their application to be progressed. Some of the additional information has been received and it is expected that the outstanding issues can be resolved without undue delay.