INTRODUCTION 

Under Section 40(4) of the Fisheries (Amendment) Act, 1997, the Board, in determining the appeals has the
option of:

(i) confirming the decision of the Minister to grant or refuse a licence or

(ii) determining and issuing its own aquaculture licence as if the application for the licence had been made
to the Board in the first instance.
Where the Board determined that it wished to alter the terms or conditions of a licence decision granted by the
Minister, it did so by issuing its own licence with additional or altered terms and conditions.

APPEALS RECEIVED BY THE BOARD
Following the decision to grant or to refuse an aquaculture licence or to revoke or amend an aquaculture licence by the Minister for Communications, Marine and Natural Resources, an appeal can be lodged under Section 40(1) of the Fisheries (Amendment) Act, 1997 to the Aquaculture Licences Appeals Board by a person aggrieved by the decision of the Minister.

In 2006 a total of 6 appeals were received by the Board. These were in relation to 5 decisions by the Minister to grant aquaculture licences; 1 Salmon licence, 1 Arctic Charr and European Perch licence, 1 Mussel Spat collection licence, 1 Pacific Oyster licence and 1 Mussel licence.

In addition, 1 appeal was carried forward from 2005. This appeal was referred by the Board to the High Court on a point of law. The High Court directed that the applicant company regularise its affairs with the Companies Registration Office and resubmit its application to the Department of Communications, Marine and Natural Resources. The Board was, therefore, not required to further consider the appeal.

The Board made 1 determination in 2006. 5 appeals were carried forward into 2007. This resulted in the granting of 1 aquaculture licence with revised conditions.

During 2006, the total tonnage licensed by the Board for Arctic Charr and European Perch was 25 tonnes, increasing to 50 tonnes after two years of operation.

In 2005 the Board received a total of 17 appeals, representing a decrease of 19% in the level of appeals received over numbers received in 2004.

However, and in addition to the 17 received in 2005, there were a total of 4 appeals awaiting decision from 2004, giving a grand total of 22 appeals for determination. The 17 appeals received represented 4 Ministerial licence decisions from a total of 32 Ministerial decisions made in 2005 which were open to appeal.

Of the 17 appeals received in 2005, 4 were in relation to the cultivation of scallops, 1 was in relation to the cultivation of mussels and oysters and 12 were in relation to the cultivation of pacific oysters.

In 2004 the Board received a total of 21 appeals, which was a significant increase on the level of appeals received in 2003.

In addition to the 21 received in 2004, there was one other appeal awaiting decision from 2003, giving a total of 22 appeals for determination. The 21 appeals received represented 15 Ministerial licence decisions from a total of 39 Ministerial decisions made in 2004, which were subject to appeal.

Eighteen of the 21 appeals received in 2004 were in relation to the granting of licences for the cultivation of mussels, while two related to oysters and one to rainbow trout.

In 2003, the Board received a total of 7 appeals, representing a decrease of 46% in the level of appeals received over numbers received in 2002.

However, and in addition to the 7 received in 2003, there were a total of 10 appeals awaiting decision from 2002, giving a grand total of 17 appeals for determination. The 7 appeals received represented 2 Ministerial licence decisions from a total of 38 Ministerial decisions made in 2003 which were subject to appeal. All seven appeals received in 2003 were in relation to the granting of licences for the cultivation of salmon.

In 2002, the Board received a total of 13 appeals, representing a decrease of over 80% in the level of appeals received over numbers received in 2001.

However, and in addition to the 13 received in 2002, there were a total of 38 appeals awaiting decision from 2001, giving a grand total of 51 appeals for determination. The 13 appeals received represented 6 Ministerial licence decisions from a total of 51 Ministerial decisions made in 2002.

Of the 13 appeals received in 2002, 8 were in relation to Salmon licences. There were also two appeals each in relation to scallops and mussels and one in relation to sea urchins.

DETERMINATIONS MADE BY THE BOARD
In 2006 the Board made 1 determination. 5 appeals were carried forward into 2007. This resulted in the granting of 1 aquaculture licence with revised conditions.

During 2006, the total tonnage licensed by the Board for Arctic Charr and European Perch was 25 tonnes, increasing to 50 tonnes after two years of operation.

In 2005 the Board made a total of 5 determinations. One appeal was carried over into 2006. This resulted in the granting of 4 aquaculture licences with revised conditions. One was in relation to rainbow trout, one in relation to the cultivation of scallops, two in relation to pacific oysters. There were no appeals in relation to the cultivation of salmon. The Board also upheld two appeals by refusing to grant an aquaculture licence for the cultivation of oysters.

During 2005, the total area licensed by the Board for scallops was 18.4 ha.
The total area licensed by the Board for mussels was 0 ha.
The total area licensed by the Board for pacific oysters was 8.4892 ha.

The total area licensed by the Board for rainbow trout was 40 tonnes.

In 2004 the Board made a total of 14 determinations.

This resulted in the granting of 12 aquaculture licences with revised conditions, all in respect of mussels. The Board also upheld one appeal by refusing to grant an aquaculture licence for the cultivation of salmon. In the case of one appeal against the Minister's decision to refuse to grant a licence for the cultivation of mussels the Board confirmed the decision of the Minister.

During 2004, the total area licensed by the Board for mussels was 544.9 ha.
In 2003 the Board made a total of 16 determinations.

This resulted in the granting of 2 aquaculture licences with revised conditions, one in respect of salmon and one in respect of scallops. The Board also upheld 6 appeals by refusing to grant an aquaculture licence for the cultivation of salmon. In the case of one appeal against the Minister's decision to refuse to grant a licence for the cultivation of mussels the Board confirmed the decision of the Minister.

During 2003, the total area licensed by the Board for salmon was 22.6 ha. Tonnage licensed for salmon was 1,000 tons increasing over 10 years to 3,800. Total area licensed for scallops was 471.33 ha.

In 2002 the Board made a total of 29 determinations, representing 41 of the appeals on hand.

This resulted in the granting of 24 aquaculture licences with revised conditions, of which 7 were in respect of salmon. The Board also upheld two appeals by refusing to grant two aquaculture licences for the cultivation of salmon.

During 2002, the total area licensed by the Board for oysters was 70.8 ha, for mussels 1,495.6 ha and for salmon the tonnage licensed was 5,756 tonnes increasing by yearly increments to a final production tonnage of 8,926 tonnes per year