Mary White (Carlow-Kilkenny, Green Party)
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Question 437: To ask the Minister for Agriculture, Fisheries and Food if those aquaculture licences which were automatically renewed under section 19A of the Fisheries (Amendment) Act , 1997 as inserted by section 101 of the Sea-Fisheries and Maritime Jurisdiction Act, 2006 have a matching foreshore licence; if so, the procedure that was followed; and if he will supply the reference and copy of the foreshore licence to an organisation (details supplied). [24436/09]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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All marine aquaculture licences issued under the Fisheries (Amendment) Act, 1997 require a corresponding foreshore licence. Section 19A(4) of that Act, as inserted by section 101 of the Sea-Fisheries and Maritime Jurisdiction Act, 2006, provides that:

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.

Therefore, while the aquaculture licence and the foreshore licence may have expired the licensee is entitled to continue his activities pending a determination of the renewal application.

Section 19A of the Act does not therefore purport to automatically renew existing licences. There is no question of automatic renewal. Neither does the section indicate that a determination of an application in favour of the applicant will follow. I will arrange to have a copy of the foreshore licence in question made available to the Deputy.