Brendan Kenneally (Waterford, Fianna Fail)
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Question 462: To ask the Minister for Agriculture, Fisheries and Food the regulation, legislation or claim under which an estate (details supplied) is being negotiated with by his Department for a lease in the Foyle for aquaculture licensing; if this claim is being challenged, upheld or actively sought to be bought out in view of the fact that the designated cross-Border management agency for the area is established and should not have a third party veto held over; and if he will make a statement on the matter. [25047/09]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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My Department is not in direct negotiation with the estate mentioned by the Deputy with regard to a lease in Lough Foyle for aquaculture licensing.

Section 35 of the Foyle and Carlingford Fisheries Act 2007 amends section 3 of the Foreshore Act 1933 to provide that where the Minister grants a foreshore licence to the Foyle, Carlingford and Irish Lights Commission "such licence may, if the terms and conditions of the foreshore licence so provide, permit a person holding a licence under Part VIA of the Foyle Fisheries Act 1952 (an 'aquaculture licence') in respect of part or all of the area covered by the foreshore licence to do in the area specified in the aquaculture licence concerned any thing permitted by the aquaculture licence as specified in the foreshore licence as being permitted to be done by a person holding such an aquaculture licence, subject to such terms and conditions as may be contained in the foreshore licence."

My Department has held initial discussions with the Loughs Agency with regard to the content of such a foreshore licence and a possible fee payable by the Agency to the State in respect of such a foreshore licence. My Department has had separate discussions with the Loughs Agency and the estate in question with regard to adopting a uniform approach to aquaculture in Lough Foyle. However, any negotiations on a foreshore licence and associated fees will be directly between the Loughs Agency and my Department insofar as the Foyle Area as defined in the 1952 Act is concerned.