Dáil Éireann díospóireacht -
Thursday, 11 Feb 1999

Vol. 500 No. 3

Written Answers. - Aquaculture Regulations.

Ivor Callely

Ceist:

59 Mr. Callely asked the Minister for the Marine and Natural Resources the penalties imposed and collected under the Fisheries (Amendment) Act, 1997, for undertaking aquaculture without a licence and for non-compliance with licence conditions; if he has satisfied himself that the Act is adequately addressing these irregularities; and if he will make a statement on the matter. [3894/99]

Minister for the Marine and Natural Resources (Dr. Woods)

The Fisheries (Amendment) Act, 1997 provides for fines of up to £100,000 and-or imprisonment for up to two years, on conviction on indictment, for unlicensed aquaculture operations or for breaches of licence conditions.

While no court proceedings have yet been taken under the 1997 Act, consideration is being given by my Department, in consultation with the Office of the Chief State Solicitor, to initiating court proceedings in cases of serious interference with public navigation or other rights or with licensed aquaculturalists where no other remedy will work.

I assure the Deputy that the regularisation of aquaculture operations in areas where operators proceeded without licences or ignored licence conditions, because of delays in updating the licensing legislation, is proceeding with on site visits and surveys and dialogue with operators and the processing of long standing licence applications. Enforcement via court proceedings under the 1997 Act will be resorted to where warranted.

An important new legal provision which I have introduced against illegal aquaculture is section 4 of the Fisheries and Foreshore (Amendment) Act, 1998, which prohibits any person making an application for an aquaculture licence on or after 10 December 1998 from commencing aquaculture operations until duly licensed. A breach of that prohibition will cause the application to fail.