Fisheries & Environment Division
Aquaculture Licensing and Policy Branch
A Guide to the Fish Culture Licensing Process
This guide provides information on our licensing system and how we deal with
applications. Further information is provided on our website at the following
address,
http://www.dardni.gov.uk/index/fisheries-farming-andfood/marine_fisheries/aquaculture.htm
Contents
1.
Aquaculture Licences
2.
Why have licences?
3.
How do I apply for a licence?
4.
How does the Department assess a licence application?
5.
What happens next?
6.
What if there are valid objections?
7.
On what grounds can I object to an application?
8.
The Department’s Standards
9.
Licence Provisions
10. What other legal requirements must I fulfil?
11. Grants
12. Useful Addresses
2
Aquaculture Licences
The Department of Agriculture and Rural Development is responsible for licensing all
fish farms including marine fish and shellfish farms and land based fish farms using
either an enclosed water re-circulation system, a pump ashore system, abstracting
water from a bore hole or fish farms on inland waters i.e. fish farms on rivers or
lakes.
Types of Licences
There are 3 types of licences:



fish culture licence - compulsory for all fish and shellfish farms;
shellfish fishery licence - optional additional licence for marine shellfish farms;
marine fish fishery licence- optional additional licence for marine (sea) fin fish
farms.
It is an offence to operate a fish farm without a fish culture licence or in breach
of any conditions attached to a licence and in these circumstances a person
would be liable on summary conviction to a maximum fine not exceeding level
4 on the standard scale (currently £2,500).
Shellfish Fishery Licence
A shellfish fishery licence is an optional licence which gives the licence holder the
exclusive right to cultivate a particular species of shellfish within a specified area
(and so the exclusive right to take that shellfish from the area) and at the same time
gives the licence holder legislative protection of his/her operations.
Marine Fish Fishery Licence
A marine fish fishery licence is an optional licence which gives the licence holder the
exclusive right to cultivate a particular species of fin fish within a specified area (and
so to take that fin fish from that area) and at the same time gives the licence holder
legislative protection of his/her operations.
Any application for a fish culture licence in respect of a marine fish farm (excluding
shellfish) will be subject to the provisions of the Environmental Impact Assessment
(Fish Farming in Marine Waters) Regulations (Northern Ireland) 1999 where:



any part of the proposed development is in a sensitive area; or
the proposed development is designed to hold a biomass of 100 tonnes or
greater; or
the proposed development will extend to 0.1 hectare or more of the surface
area.
A “sensitive area” is defined as

an area designated by order as a National Park or an area of outstanding
natural beauty or an area of land declared to be a national nature reserve or
3





an area designated by order as a marine nature reserve or a nature reserve
provided by a district council or an area of special scientific interest, that is to
say, an area of land declared to be an area of special scientific interest under
the provisions of the Nature Conservation and Amenity Lands (Northern
Ireland) Order 1985;
a wildlife refuge, that is to say, an area specified in an order made under
Article 16 of the Wildlife (Northern Ireland) Order 1985;
a scheduled monument within the meaning of the Historic Monuments and
Archaeological Objects (Northern Ireland) Order 1995;
a European site within the meaning of regulation 9 of the Conservation
(Natural Habitats, etc) Regulations (Northern Ireland) 1995;
Ramsar sites listed under the Convention on Wetlands of International
Importance, especially as Waterfowl Habitat;
a property appearing on the World Heritage list kept under Article 11(2) f the
1972 UNESCO Convention for the protection of World Cultural and Natural
Heritage.
The cost of preparing an environmental statement shall be borne by the applicant.
Prior to submitting a licence application, you are therefore advised to seek the views
of the Department on whether an environmental statement is required in respect of
the proposed development.
1.
Why have licences?
Licences:


2.
provide a demonstrably open, participative and effective system of control
within the aquaculture sector
provide a basis for those outside and inside the industry to query new
operations and facilitate effective response to queries; guarantee
transparently good standards of practice in relation to husbandry, hygiene,
fish welfare, disease control and environmental impact; and facilitate
expansion and development.
How do I apply for a licence?
You must apply on the appropriate form:1.
2.
3.
4.
5.
FF1 - for a freshwater inland based fish farm;
FF2 - for a marine shellfish farm (and a shellfish fishery licence);
FF3 - for a marine fin fish farm (and a marine fish fishery licence);
FF4 – for a fin fish enclosed water re-circulation system;
FF5 – for a shellfish enclosed water re-circulation system.
Before completing the application form you may wish to consult with either the
Department’s Fisheries Inspectorate staff or Aquaculture Development Officers from
the Aquaculture Initiative (EEIG) who will be able to assist you in completing the form
and provide you with information on technical aspects of your proposal and the
availability of grants. In the case of marine fish farms, the Department will also be
able to advise you on site availability.
4
You must submit all relevant supporting documentation with the licence application,
for example









proof of site ownership or lease (land based sites only);
a chart or map defining the exact location of the proposed fish farm;
an application for an Aquatic Production Business authorisation under the
Aquatic Animal Health Regulations (Northern Ireland) 2009;
planning permission from DOE Planning Service (land based sites only);
written confirmation from the Maritime and Coastguard Agency that the
proposed development will not create a navigational hazard (marine sites
only);
consent in principle to the grant of a seabed lease from the Crown Estate
Commissioners or other owner of the seabed (marine sites only);
an environmental impact assessment under the Environmental Impact
Assessment (Fish Farming in Marine Waters Regulations (Northern Ireland)
2007 (marine fin fish farms only).
a Marine Licence from DOE Marine Division in the case of a marine fin fish
farm
a water discharge consent and abstraction licence from NIEA Water
Management Unit;
a business plan in support of the proposed development
Please send the completed application form together with all the relevant supporting
documentation to:
The Department of Agriculture and Rural Development
Fisheries and Environment Division
Donard Room
Downshire Civic Centre
Downshire Estate
Ardglass Road
DOWNPATRICK
Co Down
BT30 6GQ
Please note that an application will not be considered complete and cannot be
processed until it is accompanied by all the relevant supporting documentation.
3.
How does the Department assess a licence application?
The Department’s initial assessment of an application will cover the following areas:
Is the Department minded to grant a licence?
Under the provisions of the Fisheries Act (Northern Ireland) 1966, as amended, the
Department must first of all consider an application and decide whether or not it is
minded to grant a licence. In reaching its decision the Department will take a
number of factors into consideration including the type and scale of the proposed
development, its location, the potential impact of the proposed development on
5
fisheries and the environment and the applicant’s business plan. The list is not
exhaustive and there may be other factors that the Department will need to consider.
Effects on Fisheries




Will the proposal impact on existing fisheries e.g. competing species?
Will the proposed development impact on an existing public fishery?
Are there other users of the site and will these interests be affected?
Are the species to be farmed appropriate to the area to be farmed?
Environmental Effects


Will the proposed development have any adverse environmental impacts?
Is the area within a Natura 2000 site i.e. a site designated as a Special Area
of Conservation (SAC) or a Special Protection Area (SPA)?

o
o
o
o
If not, is it likely to have a significant effect?
If so, will it adversely affect the integrity of the site?
If so, are there more compatible alternatives?
If not, are there overriding imperative reasons of public interest as to
why the proposal should proceed?
As the competent authority with regards to the granting of fish culture licences, the
Department has a duty under the Environment (Northern Ireland) Order 2002 and
the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995, as
amended, to consider potential environmental impacts of fish farm developments.
Licence applications will therefore be subject to appropriate assessment in
accordance with the European Commission’s methodological guidance on the
provisions of Article 6(3) and (4) of the Habitats Directive 92/43/EEC. In the case of
marine shellfish farms, the Department has commissioned Fisheries and Aquatic
Ecosystems Branch of the Agri-Food and Biosciences Institute to undertake this
work.
4.
What happens next?
If, having considered the potential environmental impacts of the proposed
development, the Department is minded to grant the licence, it is required to publish,
at the applicant’s expense, notice of the application in at least 2 newspapers in order
to give local interests and the public an opportunity to express their views on the
proposals. The Department will also consult formally with known interested
organisations. If the application includes a shellfish fishery licence or a marine fish
fishery licence, the Department is also required to publish, at the applicant’s
expense, notice of the application in the Belfast Gazette.
The Department will allow a period of at least one-month for receipt of written
objections. After this period if no objections are received or if the objections received
are deemed vexatious, frivolous or insubstantial the Department will make a final
decision. In considering an application the Department may take into account
whether the proposals are practicable, viable, and in design and location would not
6
have a detrimental effect on other legitimate interests in the area, including fishery
interests.
Where a public inquiry has not been held and the Department of Agriculture and
Rural Development decides not to grant the licence or decides to grant it subject to
conditions, the applicant will be notified accordingly and of the reasons and will have
28 days from the date of the notification to appeal against the decision to the Water
Appeals Commission for Northern Ireland.
5.
What if there are valid objections?
As a first step in the process to resolve genuine objections the applicant will be
invited to comment on the issues raised and asked to take part in dialogue between
the applicant and objector. Dialogue may delay the process but experience indicates
that compromise is often reached and objectors can be satisfied by the insertion of
an appropriate, mutually acceptable condition in the fish culture licence to address
their concerns, and so avoiding a lengthy public inquiry. It is important that the
applicant accepts this stage in the process and is prepared to deal promptly with
objections or meet objectors and agree to compromise.
While the statutory minimum one-month period should provide sufficient time for the
majority of interested parties to lodge comments or objections, others such as
District Councils and environmental NGOs may only meet periodically and
accordingly may require additional time to respond, depending on the date on which
the organisation meets. An appropriate extension to the deadline for response will
be given to those bodies.
If any objections to the application are received which, in the Department’s opinion,
are not vexatious, frivolous or insubstantial and which cannot be resolved through
compromise, the Department shall refer the matter to the Water Appeals
Commission for Northern Ireland for the purpose of holding a local public inquiry to
consider those objections.
6.
On what grounds can I object to an application?
If you are an objector, you should:




Give specific reasons;
Show how you or an organisation or interest which you officially represent
would be adversely effected;
If objecting on behalf of a voluntary body, make sure your grounds of
objection fall within the terms of reference of the body;
If objecting on behalf of a statutory body or representative organisation, object
on grounds, which are within your remit.
You should familiarise yourself with the proposal and its impact, as objections, which
are based on a perception or misconception, will not be upheld. Questions will not
be treated as objections. Objections should focus on the impact of the proposal, not
on issues relating to its feasibility or potential viability (which are matters solely for
the applicant).
7
The Department will consider carefully all objections made in respect of any
application. Where an objection provides genuine grounds for concern, and where
such objection cannot be satisfactorily resolved through dialogue between the
applicant and the objector, the Department shall cause a public inquiry to be held by
the Water Appeals Commission. The Department will dismiss objections that are
regarded as vexatious, frivolous or insubstantial.
The above advice is not comprehensive or exhaustive.
7.
The Department’s Standards
The Department’s initial assessment will be completed and, if appropriate, adverts
will be placed and relevant interests circulated following receipt of a fully completed
application. The process may be delayed however where an application is subject to
assessment in accordance with the methodological guidance on the provisions of
Article 6(3) and (4) of the Habitats Directive 92/43/EEC to determine whether the
proposed development will damage any of the designated conservation features.
The statutory minimum of one month will be given for submission of written
objections. This will only be extended in exceptional circumstances.
The Department will assess any objections received and, if appropriate, any fish
culture licence conditions deemed appropriate will be drafted. If considered
appropriate a meeting between objectors and the applicant will be arranged to
discuss compromises.
The Department will seek to resolve objections to the grant of a licence with the
relevant parties as soon as is reasonably practical.
8.
Licence Provisions
A fish culture licence authorises a person to operate a fish farm at a specified place
and to carry out specified operations in relation to the culture of fish. The licence
may contain any conditions that are considered necessary including the times and
seasons at, and the manner, in which fish may be caught.
A licence may be amended at any time either on the application of the licence holder
or by the Department on its own initiative. In the latter situation, written notification
must be given of the Department’s intentions and the licence holder, if he/she
objects to the proposed amendment, can appeal to the Water Appeals Commission
within twenty-eight days from the date the notification is given.
Where the licence holder applies for an amendment to the fish culture licence,
he/she should consult with other relevant statutory bodies to ascertain whether
consequential amendments are required to other consents granted in respect of the
fish farm. Any significant changes proposed to the fish culture licence may trigger
the publicity/public inquiry procedures explained in the preceding paragraphs.
A fish culture licence may be suspended or revoked for non-compliance with its
terms and conditions in accordance with the provisions in Schedule 1 to the
8
Fisheries Act (Northern Ireland) 1966, as amended which provides for appeals by
the licence holder to the County Court.
9.
What other legal requirements do I have to satisfy?
Authorisation as an Aquaculture Production Business (APB)
Under the Aquatic Animal Health Regulations (Northern Ireland) 2009, an
operational fish farm must be authorised by the Department as an Aquaculture
Production Businesses (APB). It is also a requirement under the provisions of the
Fisheries Act (Northern Ireland) 1966 that where the authorisation of the Department
is required under the Aquatic Animal Health Regulations, a fish culture licence shall
not be issued in respect of that operation unless such authorisation is granted.
Applications for a fish culture licence and an APB authorisation will be processed
concurrently by the Department.
Consent to discharge effluent
If the proposed fish farm development involves the discharge of effluent into a
waterway, including a river, lake, estuary or the sea or underground strata, you will
need to apply for and obtain a discharge consent from NIEA Water Management
Unit under the Water (Northern Ireland) Order 1999.
Licence to abstract water
If the proposed fish farm development involves the abstraction and/or the
impoundment of water, you will need to apply for and obtain an abstraction licence or
authorisation from NIEA Water Management Unit under the Water Abstraction and
Impoundment (Licensing) Regulations (Northern Ireland) 2006.
Planning Permission
In the case of a land based fish farm development, you are advised to contact your
Regional Planning Office, DOE Planning Service and check if any aspect of your
proposal requires planning permission.
Maritime and Coastguard Agency consent
If the area of the proposed fish farm forms part of the foreshore or the bed of the sea
or an estuary, your proposals may have navigational implications. You should obtain
written confirmation from the Maritime and Coastguard Agency that the proposed
development will not create a navigational hazard.
9
Environmental Impact Assessment
As indicated above, any application for a fish culture licence in respect of a marine
fin fish farm development will be subject to the provisions of the Environmental
Impact Assessment (Fish Farming in Marine Waters) Regulations (Northern Ireland)
1999 where any part of the proposed development:



is in a sensitive area
is designed to hold in biomass of 100 tonnes or greater
will extend to 0.1 hectare or more of the surface area
Prior to submitting a licence application, you are advised to seek the views of the
Department on whether an environmental impact assessment is required in respect
of the proposed development.
Crown Estate Lease
The Crown Estate Commissioners exercise the proprietorial rights of the Crown over
most, but not all, of the coastal foreshore and the seabed. If the area of the
proposed fish farm forms part of The Crown Estate, or is subject to rights exercisable
by The Crown, you will require a lease, or a consent in principle that they will be
willing to lease a site to you. Advice should be sought from McConnell Chartered
Surveyors and Property Consultants who are the agents for the Crown Estate in
Northern Ireland.
Owners or Occupiers Consent
If the area of your proposed fish farm forms part of the foreshore or part of the bed of
sea or an estuary owned or lawfully occupied by a person other than the Crown you
should obtain the consent of the owner or occupier.
Several Fishery Rights
If the area of the proposed fish farm is within the limits of a several fishery i.e. a
fishery where a person or persons already have legal and exclusive rights to take
fish, you should obtain the consent of the owner or occupier of the fishery.
10. Grants
Grants for aquaculture projects may are available under The European Fisheries
Fund.
Further details can be obtained by contacting the Fisheries Grants Section at the
following addressDepartment of Agriculture and Rural Development
Fisheries and Environment Division
Fisheries Grants Section
Ground Floor Block 1
10
Downshire Civic Centre
Downshire Estate
Ardglass Road
Downpatrick
BT30 6GQ
Telephone: 028 4461 8093
E-mail: eff@dardni.gov.uk
You can also access the Fisheries Grants Website via the following linkwww.dardni.gov.uk/eff
11. Useful Addresses
Cross Border Aquaculture Initiative (EEIG)
Office 3, Second Floor
Block 2, Quayside Business Park
Mill Street
DUNDALK
Co Louth
Telephone: 00 353 42 932 6023
Email: info@aquacultureinitiative.eu or
12b Innovation House
Down Business Park
46 Belfast Road
DOWNPATRICK
Co Down BT30 9UP
Telephone: 028 4461 9660
Email: info@aquacultureinitiative.eu
DARD Fisheries Inspectorate
Downshire Civic Centre
Downshire Estate
Ardglass Road
DOWNPATRICK
Co Down
BT30 6GQ
Telephone 028 4461 8089
E-mail fish.health@dardni.gov.uk
Maritime and Coastguard Agency
Marine Office
Bregenz House
Quay Street
BANGOR
Co Down BT20 5ED
Telephone: 028 9147 5310
11
Email: david.carlisle@mcga.gov.uk
McConnell Chartered Surveyors
Agents of the Crown Estate,
6th Floor,
Montgomery House
29-31 Montgomery Street
BELFAST
BT1 4AX
Telephone: 028 9020 5900
Email: info@mcconnellproperty.com
Northern Ireland Environment Agency
Water Management Unit
17 Antrim Road
LISBURN
BT28 3AL
Telephone: 028 9263 3472
Email: AIL@doeni.gov.uk
Water Appeals Commission for Northern Ireland
Park House
87/91 Great Victoria Street
BELFAST BT2 7AG
Telephone: 028 9024 4710
Fax: 028 9031 2536
Email: info@pacni.gov.uk
12