Joe McHugh (Donegal North East, Fine Gael)
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Question 126: To ask the Minister for Agriculture, Fisheries and Food the rules regarding the granting of mussel licenses on traditional native wild oyster grounds; and if she will make a statement on the matter. [26704/07]

Mary Coughlan (Donegal South West, Fianna Fail)
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Aquaculture licences, including licences to grow mussels, are issued under the Aquaculture Acts 1997 to 2006. These acts comprise the following:

Fisheries (Amendment) Act 1997, No. 23 of 1997;

Sections 2, 3 and 4 of the Fisheries and Foreshore (Amendment) Act 1998, No. 54 of 1998;

Fisheries (Amendment) Act 2001, No. 40 of 2001; Section 101 of the Sea-Fisheries and Maritime Jurisdiction Act 2006 No. 8 of 2006.

Section 8(1) of the Fisheries (Amendment) Act 1997 prohibits the licensing of aquaculture within the limits of an oyster bed or oyster fishery without the prior consent of the person who is beneficially entitled to the oyster bed or oyster fishery.

Applications for aquaculture licences are made under the Aquaculture (Licence Application) Regulations 1998, SI No. 236 of 1998. These regulations set out the information required to accompany an application and the decision making process to decide on an application for an aquaculture licence. In addition to the aforementioned, other environmental legislation may apply where there is potential for aquaculture to impact on the environment.