Thursday, 18 April 2019

Salmon Farm Licence has been revoked in Co Kerry

LICENCE REVOKED AT LONG LAST. THEY HAD TO! THEY WERE CAUGHT OUT. TAKE THIS UNREGULATED INDUSTRY OUT OF OUR BAYS. OVERSTOCKING, EXPLOSIVE SEA LICE LEVELS, DISEASE, ESCAPES TO NAME A FEW.
Ministerial Decision - Section 68 and Section 19(A)4 of the Fisheries (Amendment) Act 1997 (as amended)

FISHERIES (AMENDMENT) ACT 1997 (AS AMENDED): NOTICE OF MINISTERIAL DECISION UNDER THE PROVISIONS OF SECTION 68(1) AND SECTION 19(A)4 OF THE ACT, IN RESPECT OF ENTITLEMENT TO CONTINUE AQUACULTURE OPERATIONS UNDER THE PROVISIONS OF SECTION 19(A)4 OF THE ACT FOR THE CULTURE OF SALMON IN CAGES AT A SITE EAST OF DEENISH ISLAND, BALLINSKELLIGS BAY, CO KERRY, T06/202 HELD BY SILVER KING SEAFOODS LIMITED, A WHOLLY OWNED COMPANY OF COMHLUCHT IASCAIREACHTA FANAD TEORANTA (MOWI IRELAND), FANAD FISHERIES, KINDRUM, FANAD, LETTERKENNY, CO DONEGAL

Following an examination by his Department of possible overharvesting, the Minister for Agriculture, 
Food and the Marine has determined that:

1. A breach of a licence condition 2(e) has occurred. Condition 2(e) of the licence states:
“the Licensee shall not harvest more than 500 tonnes (dead weight) of salmon in any one calendar year”
2. The statutory entitlement of Silver King Seafoods Ltd. (a wholly owned Company of Comhlucht Iascaireachta Fanad Teoranta (MOWI Ireland)) to continue aquaculture operations under the provisions of Section 19(A)4 of the 1997 Fisheries (Amendment) Act is discontinued for the following reason:
Breach of condition 2(e) of the applicable aquaculture licence.
The Minister’s consideration of the case included the following:
1. The licence conditions in question are clearly stated in the licence. The relevant condition is condition 2(e) which states:
“the Licensee shall not harvest more than 500 tonnes (dead weight) of salmon in any one calendar year”
It is noted that the Dead Weight Harvest for 2016 was 1,108,907.36kg (1,108.91 tonnes). This harvest figure is 121.78% in excess of what is permitted under licence condition 2(e).
2. The extent of the breach by the Company of condition 2(e) is significant. The breach of the licence condition (121.78% excess of authorised limit) is of such a scale that the decision to treat as discontinued the entitlement of the Company to continue aquaculture operations under the provisions of Section 19(A)4 of the 1997 Fisheries (Amendment) Act is warranted and proportionate.
3. The breach of the licence condition took place in circumstances where the Company was fully aware of the limits set by the specific condition of the licence governing harvest tonnage.
4. Breaching licence conditions serves to undermine public confidence in the regulatory system and therefore enforcement by the Department of licence conditions is in the public interest. The reasons for this include the following:
• An increase of 121% in the stock harvested from the site must increase the effluent discharge from the site.
• Enforcement of the licence conditions by the Department serves, inter alia, to uphold the integrity of the State’s regulatory regime in respect of food production from the marine environment.
• The Company is aware of the terms and conditions of the licence it holds and must conduct its affairs in accordance with the law.