Fisheries (Amendment) Act 1997

Aquaculture licences.

7

7. (1) Subject to section 8 , the licensing authority may, if satisfied that it is in the public interest to do so, license a person, at a place or in waters specified in the licence, to engage in aquaculture or such operations in relation to aquaculture, and subject to such conditions, as it thinks fit and specifies in the licence.

(2) A licence may be granted notwithstanding the existence of any public right to fish in any waters to which the licence relates.

(3) Without limiting the generality of subsection (1), conditions to which an aquaculture licence may be subject may include or relate to any or all of the following:

( a) a specification, by means of a map or otherwise, of the boundaries or limits of the place or waters in relation to which the licence is granted;

( b) the amount of feed inputs;

( c) annual or seasonal limits on stock inputs, outputs and standing stock on site;

( d) operational practices, including the fallowing of sites;

( e) the reporting of incidences of disease and the presence of parasites;

( f) the disposal of dead fish;

( g) measures for preventing escapes of fish, and arrangements for the reporting of escapes;

( h) monitoring and inspection of the aquaculture carried on pursuant to the licence;

( i) the keeping of records by the licensee;

( j) the protection of the environment (including the man-made environment of heritage value) and the control of discharges;

( k) appropriate environmental, water quality and biological monitoring.

Annotations:

Modifications (not altering text):

C6

Prospective affecting provision: licence under section extended to Louth Area by Foyle Fisheries Act 1952 (5/1952), s. 53(V); as inserted by Foyle and Carlingford Fisheries Act 2007 (17/2007), s. 4(1), not commenced as of date of revision .

Provisions in respect of certain existing licences.

53V.— (1) This section applies to an aquaculture licence which—

(a) is granted under the Fisheries (Amendment) Act 1997 ,

(b) (i) is in force immediately before the day on which this Part comes into operation as respects the Louth Area, or

(ii) is the subject of an application to which section 53W(2) refers, and (c) authorises the doing of any act in the Louth Area, but nothing in this section affects the operation of such a licence in relation to any area other than the Louth Area.

(2) Subject to section 53W(2), a licence to which this section applies shall, in so far as it authorises the doing of any act in the Louth Area, have effect on and after the day on which section 53A comes into operation as respects the Louth Area or from which the licence authorises the doing of any act, whichever as respects the licence concerned is the later, as if granted by the Commission under section 53A.

C7

Application of section restricted (6.11.2008) by European Communities (Control of Dangerous Substances in Aquaculture) Regulations 2008 (S.I. 466 of 2008), reg. 5(1).

Conditions of aquaculture licence

5. (1) Notwithstanding the generality of section 7 of the Fisheries (Amendment) Act 1997 , a licensing authority may grant or attach conditions to an aquaculture licence, amend an aquaculture licence, revoke an aquaculture licence or refuse an application for an aquaculture licence, if, in the opinion of the licensing authority, it is necessary, supplementary or ancillary for these Regulations to have full effect.

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Editorial Notes:

E6

Provision for aquaculture licence to be rendered ineffective on revocation of fish health authorisation made (1.08.2008) by European Communities (Health of Aquaculture Animals and Products) Regulations 2008 (S.I. No. 261 of 2008), reg. 17(10).