Helen Keogh
Ceist:123 Ms Keogh asked the Minister for the Marine the proposals, if any, which he has to prevent landowners from excavating gravel from salmonoid spawning beds.
Written Answers. - Salmon Beds.
Under Section 173 (1) (d) of the Fisheries (Consolidation) Act, 1959, it is an offence if any person injures or disturbs any spawning bed, bank or shallow where the spawn or fry of salmon, trout or eels may be. The enforcement of this legislation is vested in the Central and Regional Fisheries Board under the Fisheries Act, 1980.
While Section 327 of the 1959 Act states "Nothing in the Act shall prejudice the right of any owner thereof to take materials from any stream", I am advised that the exercise of such proprietary rights is subject to compliance with Section 173.
The Department is presently looking at ways of dealing with cases where gravel extraction from rivers is carried out on a commercial basis and will forward its advice to the fishery boards shortly. I will convey that advice to the Deputy when available.