Fishing Industry

Dáil Éireann Debate, Tuesday - 8 October 2019

Tuesday, 8 October 2019

Ceisteanna (343)

Brendan Howlin

Ceist:

343. Deputy Brendan Howlin asked the Minister for Agriculture, Food and the Marine the basis for an effective pooling of the mussel seed resource of the State in a system of joint management with a state that has no mussel seed resource in relation to a judgment (details supplied); the basis in law for a process which facilitates alienation of Irish mussel seed resource to the benefit of aquaculture sites in the UK; if he has sought the advice of the Attorney General on the matter; and if not, his plans to do so; and if he will make a statement on the matter. [40622/19]

Freagraí scríofa

Minister for Agriculture, Food and the Marine

Irish sea-fishing boats are authorised to fish for mussel seed within the exclusive fishery limits of the State under s. 13 of the Sea-Fisheries and Maritime Jurisdiction Act 2006. Persons on board vessels owned and operated in Northern Ireland are permitted to fish for mussel seed in the waters within 0 to 6 nautical miles of the baseline under s. 10(2) of the 2006 Act, as amended by the Sea-Fisheries (Amendment) Act 2019.

I am advised that these provisions form the legislative basis for the regulation and management of the natural resource in accordance with the requirements of Article 10 of the Constitution and the judgment of the Supreme Court in Barlow & Ors -v- Minister for Agriculture, Food and the Marine & Ors [2017] I.R. 440. No person, including the operator of an aquaculture site in the State or in Northern Ireland, may be authorised to fish for mussel seed in these waters other than in accordance with these provisions. Extensive advice has been sought from the Office of the Attorney General on the interpretation of the requirements of the Barlow judgment.