Martin Ferris (Kerry North, Sinn Fein)
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Question 271: To ask the Minister for Communications, Marine and Natural Resources the reasons properly licensed oyster fisherman in Lough Swilly were told to cease fishing in early September 2006 by Fisheries Officers on a Naval vessel. [31105/06]

Martin Ferris (Kerry North, Sinn Fein)
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Question 272: To ask the Minister for Communications, Marine and Natural Resources if he was lobbied by any Member on behalf of a company involved in a dispute over oyster fishing in Lough Swilly. [31106/06]

Martin Ferris (Kerry North, Sinn Fein)
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Question 273: To ask the Minister for Communications, Marine and Natural Resources the section of his Department responsible for the Lough Swilly oyster fishery; and if his attention has been drawn to the issues underlying the current dispute. [31107/06]

John Browne (Wexford, Fianna Fail)
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I propose to take Questions Nos. 271 to 273, inclusive, together.

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 were 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 carrying out its functions of fishery control, on this particular occasion the Naval Service were 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 the oyster fishery in its area of responsibility only. Licences to participate in the fishery are issued by the 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 additional information has been received and it is expected that the outstanding issues can be resolved without undue delay.