Written answers

Wednesday, 15 July 2015

Department of Agriculture, Food and the Marine

Aquaculture Licences

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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141. To ask the Minister for Agriculture, Food and the Marine his plans to commence section 13 of the Fisheries Acts that allows him to put time limits on the time given to make decisions under the aquaculture licensing system; and if he will make a statement on the matter. [29454/15]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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Section 13 of the Fisheries (Amendment) Act, 1997 sets down timeframes within which the Minister shall endeavour to determine an application for an aquaculture licence. However, in the absence of a commencement order, there is no statutory timeframe in force for the determination of applications for aquaculture licences under the Act. The commencement of Section 13 of the Fisheries (Amendment) Act 1997 is a matter which is kept under ongoing review by my Department in light of recent advances and development in environmental legislation.

As the Deputy is aware, Food Wise 2025 has identified, as one of its action points, a commitment by my Department to commission an independent review of the existing aquaculture licensing system involving all key stakeholders, to identify the current shortcomings and bottlenecks (legislative, resource and logistical), to report by early 2016 and implement necessary changes to the aquaculture licensingsystem as a matter of priority. As might be expected the issue of timeframes for the consideration of aquaculture licence applications will be a feature of this review.

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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142. To ask the Minister for Agriculture, Food and the Marine if it is possible to bring court cases for non-compliance with environmental and other conditions against fish farmers who had licences which have expired, and who are awaiting a decision on applications to renew their licences; the number of such prosecutions brought; and if he will make a statement on the matter. [29455/15]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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Under the provisions of Section 19A(4) of the Fisheries (Amendment) Act 1997 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 65 of the applicable legislation provides for prosecution of a person for failure to comply with the terms of a licence. Prosecutions have not, to date, been taken under Section 65 of the Act by my Department.

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