John O'Mahony (Mayo, Fine Gael)
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Question 394: To ask the Minister for Agriculture, Fisheries and Food his views on whether licensed dredging activities in Lough Swilly, County Donegal, are damaging the native oyster and that failure to ensure an adequate impact assessment before the automatic renewal of the licence has contributed to the decline in oyster stocks; and if he will make a statement on the matter. [3194/09]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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An application to renew an aquaculture licence in Lough Swilly is under consideration by my Department. In considering an application for an aquaculture licence, including an application to renew an aquaculture licence, the licensing authority must consider:

the potential impacts on safety and navigation,

the ecological impacts on wild fisheries, natural habitats, flora and fauna,

the suitability of the waters,

the other beneficial uses of the place or waters,

the likely effects on the economy of the area, and

the statutory status under European legal frameworks of the area under application.

Section 16 of the Fisheries (Amendment) Act 1997 provides that the licensee shall, by virtue of, but subject to the conditions of, the licence and the requirements of any regulations made under section 71, have the exclusive right to do within the boundaries or limits specified in the licence activity authorised by the licence or necessary or expedient to conduct the operations specified in the licence.

Last year my Department was notified by the EU Commission of a complaint regarding alleged damage through dredging to the Natura 2000 site in Lough Swilly. My Department investigated the complaint and concluded that the activity in question was a legitimate use of a licensed aquaculture site by the licence holder. My Department's response was communicated to the EU Commission and the complainant.

John O'Mahony (Mayo, Fine Gael)
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Question 395: To ask the Minister for Agriculture, Fisheries and Food if he will confirm that there was no appropriate assessment undertaken for licence renewals given to all aquaculture operators who reapplied for licences they held when the Fisheries (Amendment) Act 1997 was amended to include section 101 of the Sea Fisheries and Maritime Jurisdiction Act 2006; his views on whether failure to incorporate assessment procedures into licence renewals undermines conservation procedures; and if he will make a statement on the matter. [3195/09]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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In accordance with section 19A(4) of the Fisheries (Amendment) Act 1997 (as inserted by section 101 of the Sea-Fisheries and Maritime Jurisdiction Act 2006) a licensee who has applied for the renewal or further renewal of an aquaculture licence shall, notwithstanding the expiration of the period for which the licence was granted or renewed but subject otherwise to the terms and conditions of the licence, be entitled to continue the aquaculture or operations in relation to aquaculture authorised by the licence pending the decision on the said application.

Section 61 of the Fisheries (Amendment) Act 1997 requires that the licensing authority, in considering all applications for aquaculture licences, considers, inter alia, the likely ecological effects of the aquaculture or proposed aquaculture on wild fisheries, natural habitats and flora and fauna, and the effect or likely effect on the environment generally in the vicinity of the place or water on or in which that aquaculture is or is proposed to be carried on.

In addition my Department is in consultation with the National Parks and Wildlife Service of the Department of the Environment, Heritage and Local Government and the EU Commission to agree future procedures to ensure that all applications for aquaculture licences are fully compliant with the requirements of the EU Birds and Habitats Directives. €1.46 million has been set aside specifically to support compliance of fisheries and aquaculture with respect to activities in Natura 2000 sites.