Commentary on Articles

Part II

Aquaculture

10.Article 3 inserts a new Part VIA (New Sections 52A to 52X) into the Foyle Fisheries Act (NI) 1952 (Ch. 5) providing for the introduction of a new aquaculture licensing system in the Foyle and Carlingford Areas under the control of the Foyle, Carlingford and Irish Lights Commission (FCILC).

11.It confers powers on the FCILC to grant aquaculture licences and creates the offence of engaging in aquaculture without a licence and failing to comply with the terms and conditions of a licence. It also sets out the procedures relating to the granting, variation, revocation, transfer and surrender of licences.

12.It also provides for the establishment of a Foyle and Carlingford Aquaculture Licensing Appeals Board and provides for persons aggrieved by a decision of the FCILC to appeal against decisions on aquaculture licences. It also deals with the procedures relating to appeals and the Appeals Board.

13.It also provides officers of the FCILC with the power to undertake inspections of a licensed area and sets out the actions which an authorised person may take in carrying out such inspections.

14.It also provides for existing fish culture licences, shellfish fishery licences and marine fish fishery licences, so far as they relate to the doing of any act in the Foyle and Carlingford Areas, to continue to have effect as if granted by the FCILC under the new section 52A.