Group fears Bill will ease fish farm controls and licensing

THE control and licensing of fish farms is to be eased substantially by new legislation, according to a group of 16 prominent angling organisations, fishery owners and conservation groups.

The group has placed large advertisements in a number off regional newspapers spelling out its concerns about the contents of the 1996 Fisheries (Amendment) Bill, which comes before the Dail for the first time tomorrow.

If the Bill is passed largely unaltered, the controversy could cause serious difficulty for the Government in the run up to an election, particularly in constituencies along the western seaboard and in the midlands where the infamous rod licence fee provoked widescale disapproval after it was passed in the Dail with minimal opposition.

The group alleges the Bill "will legalise at a stroke", and retrospectively, fish farm licences which it considers to be illegal; compromise the rights of appeal on licensing decisions; and prove to be unconstitutional in several respects.

"The angling community sees parallels between this new legislation and that which caused the rod licence war 10 years ago," said the group's spokesman, Mr Joe Maguire.

Large angling organisations such as the Federation of Irish Salmon and Sea Trout Anglers, the Trout Angling Federation of Ireland and the National Anglers Representative Association also support the campaign. "We are united in our opposition to this legislation as it stands. We can and will demonstrate determined resistance as past history shows," warned Mr Maguire.

The campaign is aimed at focusing public attention on, the Bill, he said, and to alert public representatives to its implications before it is presented to the Dail. It has already gone through the Seanad.

The group is basing its claims on advice obtained from an expert in Irish fisheries law. The effect of the legislation is to grant powers that could allow fish farms "on every lake, river, estuary and bay in Ireland", the group alleges.

It will, effectively, abolish fishing, navigation and recreation rights on waterways, it claims. In addition, existing rights of appeal against a licence in the courts would be withdrawn. The courts role is to be replaced by a ministerial board.

The legislation, it is claimed, will license fish farms for 20 years or in perpetuity; effectively exclude fishery boards, local authorities, An Bord Pleanala and the Environmental Protection Agency from licensing decisions; create a licensing board "biased towards fish farmers"; introduce a new trial licence against which there is no appeal; and effectively give salmon farmers ownership of their sites (privatise the foreshore).

The purpose of the Bill, according to the Department of the Marine, is "to introduce a new framework for the licensing and regulation of aquaculture; to provide for the establishment of an Aquaculture Appeals Board; to provide for the regulation of appeals; and to prescribe penalties for offences".

A Department spokesman said that the Minister of State, Mr Eamon Gilmore, was surprised at the contents of the advertisements and noted that few, if any, of the organisations had expressed reservations until recently. The changes in the law, he added, were based on local government, planning and development Acts, and were creating a means of appeal rather than abolishing it.

He strongly denied that the appeals body was biased in favour of fish farmers, as its six members would include four from environmental and inland fisheries interests. The two from the aquaculture industry would be experienced in the sector, although not necessarily active in it. There would also be a full declaration off interests.

The spokesman denied it would allow easier access for fish farms to inland waters. The planning process would still apply. "All the legislation does is provide the basis for a licence application."

Navigation rights would not be compromised, while public notice procedures would apply and take into account existing rights. "The Department believes that the ad is highly misleading and based on erroneous interpretation of the Bill," he added.

Since the campaign was begun, Mr Gilmore has met representatives of TAFI to explain more fully the purpose of the Bill and attempt to ease angler concerns. It is understood that he is also prepared to meet the other organisations involved.

Other organisations in the campaign are the Western Gamefishing Association, Save Our Seatrout, Lough Corrib Angling Federation, Lough Carra Mask Angling Federation, Connacht Angling Council, Connemara Clean Waters Association, Killary Harbour Area Coastline Committee, National Clean Waters Association, Save Mannin Bay Committee, Connemara Fish Farm Watch Group, Culfin Angling Club, Oughterard Anglers and Boatmen and Moycullen Angling Club.