Vol. 538 No. 4
65 Caoimhghín Ó Caoláin asked the Minister for the Marine and Natural Resources if he is responsible for policing or preventing theft from licensed areas for which his Department is receiving a fee, in respect of bottom culture mussel produce in Carlingford Lough; and if not, the person who or Department which is responsible; and if he will make a statement on the matter. [18263/01]
My Department has granted two licences in respect of the bottom culture of mussels in Carlingford Lough. While there have been allegations of encroachment on licensed areas and the removal of shellfish therefrom, despite careful investigations by my Department in consultation with the Garda Síochána, it has not been possible to secure sufficient evidence to substantiate these claims for the purposes of criminal proceedings. Section 76 of the Fisheries (Amendment) Act, 1997, makes it clear that the holder of an aquaculture licence is entitled to the ownership of the stock cultivated in accordance with the licence. Criminal law already provides for the prosecution of theft
As the Deputy will be aware, the bottom culture of mussels involves the placement of mussel seed on suitable areas of the sea bed where, in due course, the seed matures to mussels of marketable size. However, as this method of cultivating shellfish does not require any equipment in or on the water, it can be difficult to precisely determine whether a vessel is engaged in dredging within the boundaries of a licensed site or is merely operating close by. Most of the waters in Carlingford are unlicensed and are a public fishery in which any vessel is entitled to fish.
In order to avoid inadvertent encroachment, my Department has widely circulated the latitudinal and longitudinal co-ordinates of the licensed sites and has indicated to operators within the lough that only the recognised licence holders are entitled to lay, relay or harvest shellfish within those sites.
Question No. 66 answered with Question No. 46.
