Under the British-Irish Agreement Act, 1999, responsibility for the development and licensing of aquaculture in Lough Foyle was conferred on the Foyle, Carlingford and Irish Lights Commission, FCILC. The necessary legislation to enable the loughs agency of the FCILC to exercise its functions as regards aquaculture is being progressed by my Department in conjunction with the Department of Agriculture and Rural Development in Northern Ireland and respective legal advisers.
Pending the legislative framework for aquaculture in Lough Foyle, public funding has not been made available to support the development of commercial aquaculture operations. It is the case that in recent years Bord Iascaigh Mhara made grant payments to operators for exploratory bottom mussel trials throughout Lough Foyle to determine the mussel growing potential of the lough. A total of 19 co-operatives, enterprises or individuals received assistance for mussel trials. Three enterprises also received grant aid towards related equipment. The conditions attached to the BIM grant offers specified that grant payments did not confer any legal rights or title to the area. Offers of grant aid were made on condition that mussels were relaid on areas outside of proven oyster growing areas. In three cases where there was subsequently found to be marginal encroachment on oyster beds, no grant aid was paid to the fishermen concerned.
A joint evaluation by BIM and the loughs agency of the mussel seed trials concluded that overall the trials were successful and that encroachment on oyster grounds was not significant. Additional oyster surveys were carried out in 2000 and 2001 by the cross-Border aquaculture initiative team, established under the peace pro gramme, in association with the loughs agency and BIM. The reports on these surveys are being finalised.
Aquaculture projects in Lough Swilly are licensed by my Department under the Fisheries (Amendment) Act, 1997. There is a full public consultation process, including advertisement of proposals prior to decisions on licensing under the Act. To date, 12 grants have been paid by BIM to seven co-operatives, companies or individuals in respect of fully licensed sites in the lough. BIM is funding work on the development of the oyster fishery in Lough Swilly, including a detailed survey of native oyster beds.