Vol. 489 No. 3
52 Proinsias De Rossa asked the Minister for the Marine and Natural Resources the number of licences for fish farms issued since 1 July 1997; when the new procedures for licensing under the Fisheries (Amendment) Act, 1997 will be in place; and if he will make a statement on the matter. [8004/98]
53 Mr. J. O'Keeffe asked the Minister for the Marine and Natural Resources the reason the Fisheries (Amendment) Act, 1997 is being brought into operation from 1 April 1998 on a selective basis only; the reason the commencement order does not activate those sections relating to the control of illegal aquacultural activities; and the reason sections establishing and providing for the operation of the aquaculture licences appeals board have not been brought into operation. [7914/98]
I propose to take Questions Nos. 52 and 53 together.
Since 1 July 1997 46 licences have been granted by my Department for fish culture operations.
Certain provisions of the Fisheries (Amendment) Act, 1997 came into operation on 26 February 1998, by virtue of the Fisheries (Amendment) Act 1997 (Commencement) Order, 1998 (S.I. No. 46 of 1998) made by me. Those provisions, which are listed in the schedule to this reply, include sections 65 (2) (3), 66 and 67 which provide important new powers to deal with illegal aquaculture operations.
The main purpose of that order was to enable me to make the necessary detailed regulations in relation to applications for aquaculture licences and to prescribe appropriate organisations to nominate persons for appointment by me as ordinary members (6) of the Aquaculture Licences Appeals Board. Work is well advanced in preparing the necessary regulations and I will soon be inviting nominations from the prescribed organisations. The chairperson will be appointed by the Government. All going well, I expect to be able to proceed with commencing most of the rest of the Act within the next month or two and I shall advise the Deputies as soon as I make the further commencement order needed.
I do not propose to consider the question of commencing sections 11 (prohibition on persons engaging in aquaculture in anticipation of grant of licence) and 13 (period for determination of applications for licences) of the Act until late in the year, that is, after operating the Act for a sufficient period.
SCHEDULE
Provisions of Fisheries (Amendment) Act 1997 commenced by S.I. No. 46 of 1998 on 26 February 1998
|
Section |
Effect |
|
2 |
Non-application of Act to Moville area of the Foyle Fisheries area. |
|
3 |
Interpretation of Act. |
|
4 (1) (part) |
Repeal of section 54A of Fisheries Act, 1980 (No. 1 of 1980), as amended. |
|
5 (2) |
Repeal of section 15A of Fisheries (Consolidation) Act 1959 (No. 14 of 1959), as amended. |
|
10 |
Enabling power for Minister to make Regulations in relation to applications for aquaculture licences. |
|
23 |
Prescription by Minister or organisations to nominate persons for membership of the Aquaculture Licences Appeals Board. |
|
63 and 64 |
Enabling power for Minister to make Regulations for fees in relation to licence applications, grant of licences, and appeals, with the consent of the Minister for Finance. |
|
65 (2) (3) |
Provides for prosecutions and penalties for offences under section 67. |
|
66 |
Enables Court to order recoupment of Minister's costs in investigating and detecting offences and prosecuting offenders under section 67. |
|
67 |
Provides for the removal of unauthorised aquaculture structures and equipment on State-owned fore-shore under Foreshore Act, 1933 (No. 12 of 1993), which may endanger navigation, etc. |
