Roger T. Garland
Ceist:157 Mr. Garland asked the Minister for the Marine if fish farming licences are transferrable from company to company; and if so, if he will outline the legal process involved in the application process.
Written Answers. - Fish Farming Licences.
Fish farming activity is licensed by my Department using a number of mechanisms viz., aquaculture licences under the Fisheries Act, 1980, and fish culture licences under the Fisheries (Consolidation) Act, 1959. In addition, marine structures must be licensed under the Foreshore Act, 1933.
Aquaculture licences may be granted under the 1980 Fisheries Act, section 10 (e) of which states that: "an aquaculture licence shall operate to enable the person to whom it is granted, his heirs, executors, administrators and assigns, to carry on such operations as specified therein".
It is normal practice to give effect to this provision by the inclusion in the licence of a clause granting to a company or person and its or his assigns the right to cultivate fish and do related things.
The procedure for transferring a licence from one company to another is for the proposed new licensee to apply to my Department for the assignment of the licence, and for the existing licensee to consent formally to such transfer. Subject to my Department being satisfied with the applicant company's bona fides, and with the existing licensees utilisation of the licence in compliance with its conditions, the licence may then be assigned.