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.
