sent by reg^^ed post - Department of Agriculture

Department of
sent by reg^^ed post
Agriculture,
Food and the IVIarine
An Roinn
Talmhaiochta,
Bia agus IVIara
T9/280
Sites 136A, 146A& 149A
CERTIFICATE OF ASSIGNMENT
OF
AQUACULTURE LICENCE AQ NO. 429 GRANTED IN ACCORDANCE
WITH THE FISHERIES (AMENDMENT) ACT, 1997 (NO.23)
AND
FORESHORE LICENCE GRANTED IN ACCORDANCE WITH
SECTION 3(1) OF THE FORESHORE ACT, 1933 (N0.12)
This is to certify that the Aquaculture Licence and Foreshore Licence referred
to have been assigned, with the approval ofthe Minister for Agriculture, Food
and the Marine, from:
Muirachmhainni Teo
Lettermullen
Co. Galway
To
Bradan Beo Teoranta
Kilkerrin
Connemara
Co. Galway
with effect from 26* July, 2012, subject to the terms and conditions thereof.
Signed:
'..ykw officer authorised in this behalf
By the said Minister
An Roinn Talmhaiochta,
Bia agus Mara
Department of Agriculture,
Food and the Marine
AQUACULTURE LICENCES APPEALS
IN T H E MATTER
BOARD
OF:
THE FISHERIES ( A M E N D M E N T ) A C T , 1997 (No. 23)
IN T H E MATTER O F :
APPLICATION OF MUIRACHMHAINNI TEO, Lettermullen,
Co Galway
Applicant
- AND -
IN T H E MATTER OF A P P E A L S BY:
> WESTERN REGIONAL FISHERIES
Earf s Island, Co Galway
> CENTRAL FISHERIES
Glasnevin, Dublin
BOARD, Weir Lodge,
BOARD, Balnagowan, Mobhi Boreen,
Appellant(s)
TAKE
NOTICE:
T h e Aquaculture licences Appeals Board hereby grants to the Applicant a n
A q u a c u l t u r e Licence for three Sites i n K i l k i e r a n Bay, C o Galway for the cultivation of
s a l m o n i n accordance w i t h the terms and conditions i n the Schedule hereto. ^
LOCATION
OF LICENSED
OPERATIONS
T h i e e sites i n Kilkieran Bay, C o G a l w a y - Site N o . 149A i n C u i g e a l Bay; Site N o . 1 3 6 A
i n Casheen Bay and Site N o . 146A i n Coonawileen Bay, C o G a l w a y and specified o n
the attached map and map co-ordinates scheduled thereto.
AQUACULTURE
DECISION
DURATION
RELATES
OF
CONDITIONS
TO
FILE
TO WHICH
TO
LICENCE:
C u l t i v a t i o n of S a l m o n o n
three sites i n Casheen B a y ,
C o o l a w i l e e n Bay and C u i g e a l
Bay, w i t h i n K i l k i e r a n Bay,
Co Galway
10 years f r o m the date hereof
ATTACHED
See S c h e d u l e attached
LICENCE:
REFERENCE:
D A T E D this
3^
AP50/1-2/01
day of August, 2002.
CONOR J MAGUIRE, S.C.
Chairman, Aquaculture Licences Appeals Board
BOARD
SEAL:
Schedule
GCiMDi:'!'!: (JN^
PRECEUEMl
a) Progression to the second incremental tonnage level of 256 tonnes i n respect of
Site N o . 146A is not to take place f o r a period of 2 years i n accordance w i t h
C o n d i t i o n 2 of the Special C o n d i t i o n s below;
b) The storage of aquaculture equipment o n the foreshore outside the licensed
area(s) is not permitted;
SPECIAL
1.
CONPmONS
LOCATION
OF LICENSED
OPERATIONS
a) Three sites. Site N o . 149A i n Cuigeal Bay; Site N o . 136A i n Casheen Bay and
Site N o . 146A i n Coonawileen Bay, Kilkieran Bay, C o Galway;
b) N o debris to be stored either w i t h i n or s u r r o u n d i n g the licensed areas a n d
any existing debris caused by the Licensee to be removed;
c) This licence is granted subject to the rights (if any) of the owners, licensees,
tenants and occupiers a n d the owners of any rights of the area of the
licence and of all adjoining a n d neighbouring sites and of all other
interested parties.
2.
PRODUCTION / SMOLT INPUT LICENSED
CUIGEAL T E O
CASHEEN
149 A
BAY
COONAWILEEN B A Y
136A
146 A
YEAR
MAX
SMOLT
INPUT
YEAR
MAX
TONNAGE
YEAR
MAX
TONNAGE
2002
2003
2004 and
each year after
120,000
150,000
160,000
2002
2003
2004
1386"
1755
1755
2002
2003
2004
244
244
256
2005 and
each year
after
1770
2005
290
2006 and
each year
after
296
3.
A R R A N G E M E N T F O R E N S U R I N G COIVIPLIANCE W I T H
TERMS AND CONDITIONS OF THIS
LICENCE
a) The Licensee shall, i n association w i t h all other persons licensed to cultivate
salmon i n K i l k i e r a n Bay, and at the expense of the Licensee, and those other
persons, engage a suitably qualified person, f o r the purposes of ensuring that
the terms and conditions of the aquaculture licences i n question are c o m p l i e d
with;
b) The Licensee shall arrange for that person to keep a n d maintain f o r inspection,
at any time, by any officer of the Department of Communications, M a r i n e and
Natural Resources or the M a r i n e Institute, f u l l records of all compliance
monitoring and any required f o l l o w - u p action.
4.
WATER AND SEDIMENT QUALILTY
a) A Water Q u a l i t y M o n i t o r i n g Programme, consistent w i t h M o n i t o r i n g P r o t o c o l
N o . 2 f o r O f f s h o r e F i n f i s h Farms - Water C o l u m n M o n i t o r i n g to be designed
and carried out annually at Site N o . 136A; Site N o . 146A and Site N o . 149A.
The design of this programme is to be a p p r o v e d by the Department of
Communications, M a r i n e and N a t u r a l Resources;
b) The results of this p r o g r a m m e to be assessed against criteria set, w i t h the
approval of the Department of C o m m u n i c a t i o n s , Marine and N a t u r a l
Resources, to ensure that an uriacceptable deterioration in water quality i n the
vicinity of the cages does not occur.
C r i t e r i a s h o u l d include inter alia l i m i t
values for dissolved inorganic nitrogen and d i s s o l v e d oxygen at a set distance
f r o m the cages.
c) A Sediment Q u a l i t y Programme consistent w i t h the M o n i t o r i n g P r o t o c o l N o . 1
f o r O f f s h o r e F i n f i s h Farms - Benthic M o n i t o r i n g at L e v e l 3 of the Protocol to be
designed and carried out armually at Site N o . 136A and Site N o . 146A.
A
similar programme consistent w i t h the M o n i t o r i n g Protocol N o . 1 B e n t h i c
M o n i t o r i n g at L e v e l 1 of the Protocol at Site N o . 149 A .
Appropriate sediment samples to be taken f r o m u n d e r and around the cages a n d
analysed for the active ingredients of any treatments or other substances used
d u r i n g the previous g r o w i n g cycle that may impact on sediment quality.
This
morutoring must be carried out w i t h i n 30 days of the peak biomass at the sites.
The design of this programme is to be a p p r o v e d by the Department of
Communications, M a r i n e and N a t u r a l Resources;
d) The results of tfus progranune to be assessed against criteria set, w i t h the
approval of the Department of C o m m u n i c a t i o n s , Marine and N a t u r a l
Resources, to ensme that an unacceptable deterioration in the sediment
quality i n the vicinity of the cages does not occur.
Criteria should include
inter alia limit values i n the sediments u n d e r and around the cages for
emamectin benzoate and teflubenzuron i n the sediments a n d any other
antibiotic and cherrucal substances used b y the operator that may impact o n
sediment quality.
LICE
MONITORING
and
CONTROL
a) Lice m o n i t o r i n g i n accordance w i t h P r o t o c o l N o . 3 f o r O f f s h o r e F i n f i s h
Farms Sea L i c e M o n i t o r i n g ; a n d C o n t r o l shall be carried out at a l l sites
licensed under this licence.
A v e r a g e levels of egg-bearing lice shall be
kept as close to zero as possible.
T h e trigger value for lice treatment
d u r i n g the "critical p e r i o d " M a r c h , A p r i l and M a y shall be 0.3 egg bearing
hce per fish. Outside of the critical s p r i n g p e r i o d , a level of 2.0 egg bearing
lice per fish shall act as a trigger for treatment;
b) If lice levels exceed the trigger values as prescribed above, on 3/3 or more
of the inspections carried out d u r i n g the critical period, McU-ch, A p r i l and
M a y i n any one year, o n any of the licensed sites, the licensed incremental
increase f o r that site for the f o l l o w i n g year, shall not proceed i n relation to
either smolt i n p u t or harvest tonnage.
BATH
TREATMENTS
a) Bath treatments shall o n l y be carried out under veterinary prescription a n d
p r i o r written approval f r o m the Department of Communications, M a r i n e
and N a t u r a l Resources, a p p r o v i n g the quantity of product to be used;
b) In addition, a bath treatment protocol shall be developed w i t h the a p p r o v a l
of the Department of C o m m u n i c a t i o n s , M a r i n e and N a t u r a l Resources
w i t h i n 6 months of the issuing of this Licence. This protocol shall describe
inter alia the method of r e d u c i n g the v o l u m e of' water to be treated,
calculating the quantity of product to be used, t i m i n g of treatment and
release.
S Y N C H R O N I S E D LICE T R E A T M E N T
a) Each synchronised lice treatments s h a l l be planned i n advance. The p l a n
shall specify inter alia the treatment regime, type and quantity of
treatments to be used at each site and the total for the entire bay. This p l a n
shall be submitted to the Department of Communications, M a r i n e a n d
N a t u r a l Resources for v m t t e n a p p r o v a l of the p l a n before synchronised
treatments are initiated;
b) F o l l o w i n g each synchronised treatment, a f u l l report shall be prepared,
signed by the supervising veteririary surgeon, detailing the actual quantity
of each treatment used at each site a n d the total for the bay, along w i t h a n
evaluation of the efficiency of the treatment and suggestions, if any, o n
how the strategy can be i m p r o v e d , i n terms of hce control and a r e d u c t i o n
in the quantity of treatments used a n d discharged. Ttiis report shall be
submitted to the Department of C o m m u n i c a t i o n s , Marine and N a t u r a l
Resources w i t h i n 1 m o n t h of the competition of the synchronised
treatment.
CAGE
CERTIFICATION
a) A l l cage systems shall be certified as suitable f o r the intended use by a n
appropriate, independent person or b o d y approved to do so by the
Department of Communications, M a r i n e a n d N a t u r a l Resources. S u c h
certification shall cover a set period of time, after that time the system shall
be re-certified. N o fish shall be inputted or held i n uncertified cages;
b) The certification shall describe the basic requirements that should be i n
place to maintain the integrity of the cage system. If cage/s are m o v e d or
there is a need to alter the system, w h i c h m a y result i n a significant change
to its structural integrity, a re-certification inspection must be carried out
and documented.
FALLOWING
Fallowing, before restocking w i t h f i s h of a different generation shall be i n
accordance w i t h the requirements of the Department of Communications,
Marine and N a t u r a l Resources (Protocol o n F a l l o w i n g at O f f s h o r e F i n f i s h
Farms] and subject to the f o l l o w i n g (i)
Site N o . 136A shall be f a l l o w f o r at least 2 months each year i n c l u d i n g
all of the m o n t h of S E P T E M B E R each year;
(ii)
Site N o . 146A shall be f a l l o w f o r at least 3 months each year i n c l u d i n g
all of the m o n t h of S E P T E M B E R each year and
(iii)
Site N o . 149A shall be f a l l o w f o r at least 4 months each year.
ASSIGNMENT
OF
SITES
The renting, leasing or transferring of any of the operational functions relating
to the production of salmon i n the area covered by this licence shall o n l y be
pennitted i n accordance w i t h the provisior\s of C o n d i t i o n s (b), (c) a n d (d) of
the General Conditions
attached to this licence below.
i: R C- liF M F F^rt • A L
mC
REAS
The incremental increase i n smolt input and harvest tonnage permitted u n d e r
this licence is conditional o n written acknowledgement by the Department of
Communications, M a r i n e and Natural Resources each year that all conditions
of this Hcence have been met.
PROACTIVE FISH H E A L T H M A N A G E M E N T
PLAN
a) The Licensee shall, i n association w i t h a l l other persons licensed to
cultivate salmon i n K i l k i e r a n Bay, i m p l e m e n t a proactive Fish H e a l t h
Management P l a n as approved by the Department of Communications,
Marine and N a t u r a l Resources and revised f r o m time to time as necessary;
b) Reports on the health status of f i s h i n each of the licensed areas shall be
furnished by the Licensee to the Fish Health Unit ofthe Marine Institute,
Snugboro Road, Abbottstown, D u b l i n 15 i n accordance w i t h the said P l a n ;
c) The Licensee shall n o t i f y the Department of Communications, Marine and
Natural Resources, Coastal Zone A d m i n i s t r a t i o n Division, Leeson Lane,
D u b l i n 2, and the Fish Health Unit of the Marine Institute, Snugboro R o a d ,
Abbotstown, D u b l i n 15, and the Westem Regional Fisheries Board w i t h i n
twenty-four hours of the appearance or suspected appeauance of any
disease in the licensed area of the Licensee or of any abnormal losses or
mortalities i n the s a i d licensed area;
d) The Licensee shall carry out any instructions issued by the Department as a
result of the notification, i n c l u d i n g instructions relating to the treatment,
disposal and destruction of diseased stocks.
RESTRICTION O N T R A N S F E R OF FISH
a) Other than smolts b e i n g introduced to sea for the first time, no fish shall be
introduced into Site N o . 136A; Site N o . 1 4 6 A or Site N o . 149A unless the
source of the f i s h is f r o m an area covered by the Kilkieran Bay Single Bay
Management P l a n or a similar plan;
b) The mixing of S l a n d SVz smolts w i t h i n a site or adjoining sites is
protiibited;
c) N o fish shall be transferred f r o m any of the hcensed areas of the Licensee
unless (i)
the fish are clinically healthy a n d
(ii)
the f i s h do not carry sea lice i n excess of the relevant l i m i t
specified by the Deparlment of Communications, M a r i n e and
N a t u r a l Resources (Monitoring; Protocol N o . 3 f o r O f f s h o r e
F i n f i s h Farms, - Sea lice M o n i t o r i n g a n d C o n t r o l ) , and
(iii)
the area or areas to w h i c h the f i s h are proposed to be transferred
is or are licensed and has or have the capacity to accommodate
the f i s h i n question and the o n g r o w i n g thereof.
d) In the event that the transfer of f i s h f r o m any licensed area of the Licensee
is not feasible, the f i s h shall be harvested.
14.
MONITORING AND REQUIRED FOLLOW-UP ACTION
a) The Licensee shall undertake Benthic M o n i t o r i n g of each of the licensed
areas i n accordance w i t h the detailed specifications of the Department of
Communications, M a r i n e a n d N a t u r a l Resources, ( M o n i t o r i n g Protocol
N o . 1 for O f f s h o r e F i n f i s h Farms - Benthic M o n i t o r i n g ) and subject to
C o n d i t i o n N o . 4. and p r o m p t l y prepare and implement a Benthic
Amelioration Plan if permitted parameters are breached;
b) The Licensee shall undertake Water C o l u m n M o n i t o r i n g of each of the
licensed areas in accordance With the detailed specifications of the
Department of C o m m u n i c a t i o n s ,
M a r i n e and
Natural
Resources
( M o n i t o r i n g Protocol N o . 2 f o r O f f s h o r e F i n f i s h Farms - Water C o l u m n
M o n i t o r i n g ) and subject to C o n d i t i o n N o . 4 and p r o m p d y take any
required f o l l o w - u p action i n the light of the results of that monitoring;
c) The Licensee shall, i n association w i t h all other persons licensed to
cultivate salmon i n K i l k i e r a n Bay arrange for the synchronous treatment of
fish against sea-lice and shall, i n association w i t h those persons, comply
w i t h the detailed specifications of the Department of Communications,
M a r i n e and N a t u r a l Resources ( M o n i t o r i n g Protocol N o . 3 f o r O f f s h o r e
F i n f i s h Farms, - Sea lice M o n i t o r i n g and Control) and subject to
C o n d i t i o n N o . 5 for Sea L i c e M o n i t o r i n g and C o n t r o l i n all licensed areas
of the Licensee;
d) The Licensee shall co-operate i n the A u d i t f r o m time to time of its
aquaculture operations a n d licensed areas and facilities and premises i n
accordance w i t h the detailed specifications of the Department of
Communications, M a r i n e and N a t u r a l Resources ( M o n i t o r i n g Protocol
N o . 4 f o r O f f s h o r e F i n f i s h Farms, - A u d i t of Operations).
15.
PROHIBITIONS ON CERTAIN D I S C H A R G E S T O W A T E R S
a) The Licensee (or its agent) is prohibited f r o m discharging into the sea or
other waters untreated b l o o d or other matter f r o m harvesting, or of
contaminated effluent f r o m w a s h i n g of nets or equipment, f r o m any of the
Hcensed areas;
b) The Licensee shall not use any organotin based anti-foulants on any nets or
other equipment used i n any of the licensed areas.
16,
EMERGENCY PLAN AND ACTION
a) The Licensee shall regularly update its C o m p r e h e n s i v e Emergency P l a n ,
p r o v i d i n g i n particular for appropriate response to significant fish
mortalities, f i s h disease, f i s h escapes, chemical spills and other significant
matters arising i n the course of its aquaculture operations;
b) The Licensee shall take all steps necessary to prevent the escape of f i s h
f r o m its cages and shall n o t i f y the Department of Communications,
Marine
and Natural Resources, Coastal Zone A d m i n i s t r a t i o n D i v i s i o n , Leeson Lane,
D u b l i n 2; the Marine Institute (Salmon M a n a g e m e n t Services Division), and
the Westem Regional Fisheries Board w i t h i n t w e n t y - f o u r hours of any
escapes of f i s h f r o m the licensed areas a n d shall keep records of fish
escaped, i n c l u d i n g numbers, types, o r i g i n a n d year classes and shall make
these records available to the Department of Communications, Marine and
Natural Resources, the Marine Institute and the Westeim Regional Fisheries
Board on request.
17.
NATURAL HERITAGE PROTECTION & ARCHAEOLOGICAL
ASSESSMENT
a) N A T U R A L H E R I T A G E P R O T E C T I O N
The Licensee shall c o m p l y w i t h the S A C M a n a g e m e n t Plan agreed w i t h
D U C H A S for K i l k i e r a n Bay.
b) A R C H A E O L O G I C A L A S S E S S M E N T
(i)
The Licensee shall arrange, f o l l o w i n g consultation w i t h
D U C H A S , for a n archaeological assessment (if required) of the
licensed areas, to be undertaken at the expense of the Licensee,
by an archaeologist experienced i n marine archaeology and
licensed u n d e r the National M o n u m e n t Acts, 1930 to 1994, and
for the results of that assessment to be communicated to
DUCHAS.
(ii)
The Licensee shall comply w i t h any instructions f r o m D U C H A S
i n relation to any material of an archaeological nature f o u n d i n
the course of the assessment u n d e r t a k e n under condition 17(b)(i)
or f o u n d otherwise i n any of the hcensed areas of the Licensee.
SAFEGUARDS AGAINSTPREDATORS
The Licensee shall fit and maintain adequate anti-predator devices on all of the
said cages w h i l e they contain any fish a n d on any receptacles containing dead
fish, f i s h offal etc.
The Licensee shall c o m p l y w i t h any instructions i n that
regard w h i c h may be issued by the Department of Communications, M a r i n e
and N a t u r a l Resources f r o m time to time.
19.
N O N - I N T E R F E R E N C E WITH
OTHER
USERS
OF T H E S E A
(a) The Licensee shall generally conduct his operations w i t h f u l l regard f o r
other persons i n the area and for the environment and consistent w i t h the
current best practices and envirorimental guidelines operating w i t h the
industry;
(b) The Licensee shall cause each a r r a y / b l o c k of cages i n licensed sites to be
m a r k e d to the satisfaction of the M i n i s t e r as one integral unit, w i t h a l o w
intensity, battery powered, y e l l o w flashing light and radar reflector, placed
at each corner of the a r r a y / b l o c k , for the safety of navigation d u r i n g the
hours of darkness and reduced visibility.
20.
RECORDS AND RETURNS
a) The Licensee shall keep f u l l records of all chemicals and antibiotics w i t h
w h i c h the f i s h have been treated, i n c l u d i n g quantities and times of use. A l l
chemicals and antibiotics used i n any of the licensed areas shaU be used i n
accordance
with
instructions
issued
by
the
Department
of
Communications, M a r i n e a n d N a t u r a l Resources f r o m time to time;
b) The
Licensee
shall f u m i s h p r o m p t l y
to
the
Department
of
Communications, M a r i n e and
N a t u r a l Resources,
Coastal
Zone
Management D i v i s i o n , Leeson Lane, D u b l i n 2; such returns relating to any
of the licensed areas as may be required f r o m time to time.
Sites 136A,
146A and
149A
W^ii-'^ 'i^jBothac
r
• :Hbiy-::;
• •• •
^3 ST
-
Site 136A
Area 20 ha
The area enclosed by a line drawn from
Irish National Grid Reference point •
084300, 224000 to Irish National Grid Reference point
084500, 224200 to Irish National Grid Reference point
084850, 223850 to Irish National Grid Reference point
084650, 223660 to the first mentioned point
- na'^nQilet
•
»
o
T9/280
A Q 429
FORESHORE LICENCE
AGREEMENT
made
on
30
August
2002,
between
the
Minister for
Communications, Marine and Natural Resources (hereinafter referred to as "the
Minister"), of the one part, and
MUIRACHMHAINNI TEO
LETTERMULLEN
CO GALWAY
(hereinafter refen*ed to as "the Licensee") of the other part, whereby the Mimster in
exercise of the powers vested in him by Section 3 (1) of the Foreshore Act, 1933
(No. 12) hereby grants onto the Licensee licence to use and occupy those parts of
the foreshore in Cuigeal Bay (specified as 149A), Casheen Bay (specified as 136A)
and Coonawileen Bay (specified as 146A) shown on the attached map and by the
co-ordinates scheduled thereto, for the purpose of mooring cages and ancillary
equipment therefor (including vessels or rafts serving the said cages) for the
cultivation of salmon only, details of which have been submitted to and approved of
by the Minister, on the terms and conditions following:
Pagel
/aqua/licences/kilklern/MulrachmhainnI • Foreshore
1.
This Licence shall remain in force from 30 August 2002 until 29 August 2012, except as
hereinafter provided and only for so long as Aquaculture Licence No. A Q 429 dated 30
August 2002 granted under the Fisheries (Amendment) Act, 1997 (No. 23) is in force.
2.
(a) The Licensee shall use the aforesaid parts of the foreshore for the cultivation of salmon
and for no other purposes.
(b) The Licensee shall ensure that all cages (including moorings therefor) and ancillary
equipment are placed within the licensed areas only: A breach of this condition may lead to
revocation of this Licence by the Minister.
(c) The Licensee shall provide certification by a qualified engineer that the said cages have
been properly moored in accordance with manufacturer's specifications.
(d) The Minister may, on receipt o f a detailed proposal from the Licensee, permit the shortterm occupation by the Licensee of additional parts of the foreshore for the purpose o f
cleaning, repairing or maintaining any of the said cages or ancillary equipment, subject to
such terms and conditions as he may specify.
3.
The Licensee shall ensure that each cage in the licensed areas shall bear the number
A Q 429.
4.
The Licensee shall at all times during the continuance o f the Licence keep the said cages
(and any ancillary equipment including vessels or rafts) in a good and proper state of repair
and condition to the satisfaction o f the Minister and ensure that they will not be injurious
to, or interfere unreasonably with navigation, fisheries, the adjacent lands or the public
interest. In particular, the Licensee shall cause each seaward comer of each array/block of
cages in the licensed sites to be marked to the satisfaction of the Minister as one integral
unit, with a low intensity, battery powered, yellow flashing light, and each cage shall be
equipped with a radar reflector. The Licensee shall also comply with such additional or
alternative requirements as may be specified by the Department of Communications,
Marine and Natural Resources from time to time i n that regard.
Page 2
/aqua/licences/kllkiem/Mulrachmhainnl - Foreshore
t
5.
The Licensee shall apply to the Commissioners o f Irish Lights for statutoiy sanction for
aids lo navigation.
6.
(a) The Licensee shall ensure that the licensed areas and the adjoining areas shall be
kept clear of all redundant structures, waste products or materials associated v/ith or arising
jfrom the operations of the Licensee.
(b) The Licensee shall put in place and maintain arrangements for the disposal o f fish
mortalities or bi-products arising from the licensed operation in compliance with the
applicable statutory provisions and requirements.
7.
The Licensee shall indemnify and keep indemnified the State, the Minister, his officers,
servants or agents against all actions, loss, damage, costs, expenses and any demands or
claims howsoever arising in coimection with the construction, maintenance or use o f any
structures, apparatus, equipment or other thing used in connection with the licensed areas or
in the exercise of the rights granted under the Licence and the Licensee shall take such steps
as the Minister may specify m order to ensure compliance with this condition.
8.
The Licensee shall, at the expense of the Licensee, i f so required by the Minister, and
within three weeks after receipt of such notice or on determination ofthe Licence fi'om any
other cause, remove the said cages and all ancillary equipment therefor and restore the
licensed areas to the satisfaction of the Mioister and i f the Licensee refuses or fails to do so
the Mimster may cause the said cages and ancillary equipment therefor to be removed and
the licensed areas restored and shall be entitled to recover from the Licensee as a simple
contract debt in any court o f competent jurisdiction all costs and expenses incurred by him
in connection with the removal and restoration, and the Licensee shall take such steps as
the Minister may specify in order to secure compliance with this condition.
9.
The Minister may revoke or amend the Licence i f he considers that it is in the public
interest to do so or i f he is satisfied that there has been a breach o f any condition specified
Pages
/aqua/licsnces/kilkiern/Mulrachmhainnl - Foreshore
1
•
in the Licence or that the hcensed areas to which the Licence relates are not being properly
maintained or in the event of general performance of the Licensee in and at the licensed
areas being regarded as unsatisfactory by the Department of Communications, Marine and
Natural Resources.
10.
A n y notice to be given by the Minister may be transmitted through the Post Office
addressed to the Licensee at the last known address of the Licensee.
11.
The Licensee shall make adequate arrangements to ensure that the said cages in licensed
areas shall not obstruct the passage o f migratory fish.
12.
On-site operations and related landbased activities shall be carried out with full regard for
other users and the environment.
13.
The licensed areas and any equipment, stmcture, thing or premises wherever situated, used
in connection with operations carried on in the licensed areas shall be open for inspection at
any time by an authorised person [within the meaning of Section 292 of the Fisheries
(Consolidation) Act, 1959 (No. 14 of 1959) (as amended by the Fisheries Act, 1980) other
than a private water keeper], a sea fisheries protection officer (within the meaning of
Section 220 of the Fisheries (Consolidation Act, 1959) or any other person appointed in
that regard by the Minister.
14.
The Licensee shall give all reasonable assistance to any such authorised person or sea
fisheries protection officer or any other person appointed by the Minister, to enable the
person or officer enter and inspect the licensed areas, and any equipment, stmcture, thing or
premises used in connection with operations carried on in the licensed areas.
15.
The Licensee shall not assign the benefit of this Licence without the written consent o f the
Minister, such consent not to be unreasonably withheld.
Page 4
/aqua/Ifcencos/kilklern/MuirachmhalnnI - Foreshore
16.
In the event of the benefit o f this Licence being grajited to a company (within the meaning
of the Companies Acts, 1963 to 1999) the following condition shall apply, namely, the
Licensee shall obtain the consent o f the Minister to any proposed major change in the
shareholding or control of the Licensee where such change substantially alters the identity
ofthe Licensee.
17.
In the event of the benefit ofthe Licence being granted to a society (within the meaning of
Section 2 of the Industrial and Provident Societies (Amendment) Act, 1978 (No. 23 of
1978)) the following conditions shall apply, namely,
(i)
the rules relating to membership of the society shall enable any resident of the State to
become a meinber of it where the resident fiilfils all the conditions laid down by the society
for membership of it and the mles shall not lay down different conditions for different
classes of people;
(ii)
the rules relating to the society shall be submitted to the Minister as soon as practicable
after such assignment and the Society shall not amend its mles thereafter, other that with
the consent of the Minister, and
(iii)
the Minister may, i f he considers it necessary in the interests o f good management of the
licensed areas, direct that an amendment be made to the mles of the society, from time to
time, and the Licensee shall amend its mles in accordance with that direction.
Pages
/aqua/licences/kilkiern/Mulrachmhainni - Foreshore
P R E S E N T when the Seal of Office of the
MINISTER FOR COMMUNICATIONS, M A R I N E AND
N A T U R A L R E S O U R C E S was affixed and
was authenticated by the Signature of:
JOE RYAN
i
SL person authorised iinder Section
15 (1) of the Ministers and Secretaries
Act, 1924 to authenticate the seal ofthe
Minister
WITNESS
r^^XlAxi'^^SNoXV^
ADDRESS:
TV^'^ir-Qc^ C > > ^ o ^ , y Y l o r - i ^
OCCUPATION:
CIVIL S E R V A N T
S I G N E D on behalf of Licensee
MUIRACH
pyviTEO
in the presence of:
WITNESS:
rsAr^-^
" ^ W ^ - O X C Q
ADDRESS:
OCCUPATION:
f>6^ayv^u-w^dusL£xKyx.
Page 6
/aqua/Ucences/kilkiem/MuirachmhainnI - Foreshore
•
Schedule
3 N O . SITES IN K I L K I E R A N B A Y , C O . G A L W A Y
Site 149 A (4 Ha)
The area seaward of the high water mark and enclosed by a line drav\m from Irish National Grid
Reference point
085900, 221300 to frish National Grid Reference Point
086100, 221300 to frish National Grid Reference Point
086100, 221100 to Irish National Grid Reference Point
085900,221100 to the first mentioned point.
Site 146 A (6Ha)
The area seaward of the high water mark and enclosed by a line drawn from Irish National Grid
Reference point
084300, 224000 to frish National Grid Reference Point
084500, 224200 to frish National Grid Reference Point
084650, 223660 to frish National Grid Reference Point
084650, 223660 to the fust mentioned point.
Site 136 A (20Ha)
The area seaward of the high water mark and enclosed by a line drawn from frish National Grid
Reference point
084300,224000 to Irish National Grid Reference Point
084500,224200 to frish National Grid Reference Point
084850, 223850 to frish National Grid Reference Point
084650, 223660 to frish National Grid Reference Point.
Pages
/aqua/licencas/kilkiern/Muirachmhainni - Foresliore
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