Catherine Murphy (Kildare North, Social Democrats)
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534. To ask the Minister for Agriculture, Food and the Marine if an environmental impact assessment has been conducted for a shellfish aquaculture licence here in each of the years 2015 to 2017 and to date in 2018; if so, the relevant licences; if an appropriate assessment was or was not required in respect of those licences; the non-shellfish aquaculture licence applications since 1 January 2015 for which an environmental impact statement was required to be submitted and for which an environmental impact assessment was conducted; the number of aquaculture licence applications received; the number of licences and renewals granted respectively since 1 January 2015; and if he will make a statement on the matter. [9315/18]

Michael Creed (Cork North West, Fine Gael)
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It is assumed the Deputy is referring to Lough Swilly. In relation to shellfish cultivation, all relevant licence applications in the Lough underwent Environmental Impact Assessment (EIA) Screening. Ministerial Determinations concerning this matter are available on my Department’s website at the following link:

In the case of marine finfish cultivation, an Environmental Impact Statement (EIS) is mandatory in all cases. During the period referred to by the Deputy my Department received one new licence application for the cultivation of finfish and one application for the renewal and review of an existing licence. The matter of an Appropriate Assessment does not arise as these applications are not situated in the Lough Swilly Special Area of Conservation (SAC) or Special Protection Area (SPA).

An Appropriate Assessment Report was completed in 2013 in respect of existing and proposed shellfish activities.

My Department has received two new licence applications for the cultivation of shellfish during the period in question. Applications in relation to twelve shellfish sites have been determined for Lough Swilly during the period referred to, of which two were refusals.

Catherine Murphy (Kildare North, Social Democrats)
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535. To ask the Minister for Agriculture, Food and the Marine the number of aquaculture installations operating in Lough Foyle; the number of these that are licensed by the State or by authorities in Northern Ireland respectively; the aquaculture installations in Lough Foyle for which an appropriate assessment has been undertaken by authorities here; the actions being taken to deal with unlicensed operations; the State's position regarding the tabling of the sensitive issue of Lough Foyle in the context of Brexit; and if he will make a statement on the matter. [9316/18]

Michael Creed (Cork North West, Fine Gael)
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Applications for Aquaculture licences are considered by my Department under the provisions of the 1997 Fisheries (Amendment) Act, the 1933 Foreshore Act, and applicable EU Legislation.

In the case of Lough Foyle, Section 2 of the 1997 Fisheries (Amendment) Act disapplies the Act to the Moville Area, as it is defined in the Foyle Fisheries Act, 1952.

The Good Friday Agreement provided for the establishment of the Foyle, Carlingford and Irish Lights Commission (FCILC). This body is one of the six North South Implementation Bodies created under the Agreement. The Loughs Agency, as part of the FCILC, has been given responsibility for fisheries related matters in respect of both Lough Foyle and Carlingford Lough and the legislation envisages that the Agency will enter into a management agreement with the relevant authorities in both jurisdictions with a view to assuming responsibility for aquaculture licensing within the loughs. Discussions in respect of the management agreement are ongoing.

The management of aquaculture and associated foreshore licensing functions in Lough Foyle gives rise to legal and jurisdictional complexities. Negotiations regarding the jurisdiction of the Lough Foyle area are, in the first instance, a matter for the Department of Foreign Affairs and Trade.

My Department organises and participates in an inter-departmental working group which is pursuing a way forward in terms of the future management of aquaculture and associated foreshore activities on Lough Foyle, in parallel with a workable resolution of the complex jurisdictional issues involved.