Harvesting rights are copper-fastened following State review

The generational rights of coastal residents to harvest seaweed from Connemara’s shores has been copper-fastened by the state, following clarification from a Government Minister in the Dáil this week.

Minister Damien English made it clear that families who have traditionally harvested the coastal crop can continue to do so without reference to state or any other bodies, under what is known as the ‘profit-à-prendre’ legal tenet.

But the waters have been muddied somewhat by confirmation that tenants of coastal townlands will have to apply to the Property Registration Authority in order to legally establish seaweed harvesting rights which were previously taken for granted.

And as part of that process they will be required to prove that there was a family history of seaweed harvesting in the relevant parts of the seashore – something made more difficult given the passage of time and the absence of documentation.

The Department of Housing, Planning, Community and Local Government has also advised that any owner of seaweed harvesting rights – or person claiming ownership – should contact their legal advisors before selling or leasing out those rights.

The matter arose in the Dail on foot of a motion put down by Galway West TD Catherine Connolly – along with her fellow independent from Donegal, Thomas Pringle – in relation to Sustainable Seaweed Harvesting.

That called on government to develop and publish a national strategy which would promote the development of the seaweed sector in Ireland – with particular focus on the interests of traditional seaweed harvesters and their livelihoods.

Moreover it emphasised the huge potential for sustainable job creation in the seaweed sector for rural, coastal and island communities.

The motion also called on the government not to issue any new licences to companies in the absence of such an overall strategy.

This week, Minister Damian Engish explained ‘profit-à-prendre’ as a ‘right to take’ – and this right may be registered or unregistered, according to the Minister.

“A culture of harvesting and perception of individual or family ownership of rights to harvest seaweed is mostly found on the western seaboard. Where harvesting has been carried out over a sufficiently long period a ‘profit-à-prendre’ may have been established,” he said.

Those who claim traditional rights without being registered as such will be relying on their historic connections to firmly support their applications to the Property Registration Authority.

The finding from the Department of Housing, Planning, Community and Local Government were welcomed by Minister of State, Seán Kyne, T.D. and by Coiste Cladaí Chonamara, a group that campaigned for the recognition of the traditional rights.

However, Deputy Éamon Ó Cuív said that there has been very little advance.  He said that it would always be accepted that those who had a registered Land Folio right were entitled to harvest seaweed.

The situation where people who have had locally accepted traditional rights now have to apply for licence opens up a new scenario, he said.

The issue of traditional seaweed rights and the general terms of the 1933 Foreshore Act – amended in the nineties – appeared contradictory up to now.

The Foreshore Act inferred that any materials below the high water mark properly belonged to the State and that a licence would be required for the harvesting and removal of seaweed.

This came to head three years ago when Acadian Sea Plants, the new owners of the Arramara Teo seaweed company – headquartered in Cill Chiaráin in Connamara – applied for a seaweed harvesting licence.

This application submitted under the terms of the Foreshore Act sought a licence to harvest seaweed along a widespread area of seashore from Co Clare north along the Connemara coastline and into west Mayo.

There were also some smaller licence applications – but the one from Arramara Teo attracted most focus, since they are the largest player in the industry in Ireland.

Acadian Sea Plants from Nova Scotia bought out Arramara Teo from Údarás na Gaeltachta four years ago and the Canadian owners had a stated aim of an increase of approximately 50% in the throughput of seaweed in the Cill Chiarán plant.

They were also, in a strategy supported by Údarás na Gaeltachta, focused on producing more value added products in Connemara and consequently increasing employment levels.

However, Acadian Sea Plants sought what they termed was a guaranteed and regular supply of seaweed so that the increased investments could be justified and advanced.

Obtaining a licence over a wide area of seashore was a key element in their effort to regulate supply to the company.

Acadian Sea Plants President, JP Deveau stated in an interview earlier this year that further investment in Connemara would be contingent on a guaranteed supply of seaweed. He also stated that “Acadian Sea Plants had not come to Ireland to do three day weeks”.

A spokesman from Arramara Teo said some clarity has now been established and that the company would work with the community in ensuring that the seaweed business would be successful. They will also consult with state authorities in regard to their licence application.

“While it is now welcome that no further licences will be given to companies, it is vital that this remains the position until an overall strategy is published,” said Deputy Catherine Connolly this week.

She said that she will be raising the date for publication of this strategy in the Dáil and also clarification on what body the Minister is referring to in relation to the wild seaweed sector.