Written answers
Thursday, 27 January 2011
Department of Communications, Energy and Natural Resources
Fishing Licences
2:00 pm
Joe McHugh (Donegal North East, Fine Gael)
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Question 124: To ask the Minister for Communications, Energy and Natural Resources the position regarding the withdrawal of licences for native oyster fishing in the Swilly estuary, County Donegal; the reason the licences have been withdrawn; the identities of the persons or organisation who made the decision; if appeal avenues are open to the affected fishermen; the penalties for non-compliance; the compensation avenues open to affected parties; and if he will make a statement on the matter. [4300/11]
Pat Carey (Dublin North West, Fianna Fail)
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As the Deputy may be aware, Inland Fisheries Ireland (IFI) is responsible for issuing oyster fishing licences, in accordance with the Section 278 of the Fisheries (Consolidation) Act 1959, as amended.
By way of background, I am advised that Lough Swilly is a Natura 2000 site. It also contains a wild oyster fishery. The assessment of the fishery and its compliance with the Habitats Directive as transposed by the European Communities (Natural Habitats) Regulations 1997 (S.I. No. 94 of 1997) is, I understand, to be undertaken this year by the Marine Institute on behalf of the Department of Agriculture, Fisheries and Food and the National Parks and Wildlife Service of the Department of Environment, Heritage and Local Government. Therefore as of now, no appropriate assessment of the potential impact of the oyster fishery on the protected habitat has taken place.
Licences are issued annually upon receipt of applications. There is no question, therefore, of withdrawing licences. Pending the outcome of the assessment and in view of the need to ensure than no intensification of the wild oyster fishery takes place in the meantime in Lough Swilly, the number of licences that will be issued by Inland Fisheries Ireland for the first part of 2011 will be limited to no more than the average number of licences issued for the past five years.
Penalties for non-compliance with the conservation measures of the Fisheries Act are set out in Section 277 of the Fisheries (Consolidation) Act 1959 as amended in this regard.
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