The document referred to by the Deputy is under active consideration by my Department at present.
In relation to the delays in processing aquaculture licences, in 2007 the European Court of Justice (ECJ) declared in Case C418/04 that by failing to take all measures necessary to comply with Article 6.3 of the EU Habitats Directive in respect of the authorisation of aquaculture programmes, Ireland had failed to fulfil its obligations under that Directive. As most aquaculture activity takes place in ‘Natura 2000’ areas it is necessary to undertake an ‘Appropriate Assessment’ of the effects of aquaculture activity on these areas before any new licences can be issued or any existing licences can be renewed.
In the negotiations to address the ECJ judgement a process was agreed with the European Commission. This process includes the following steps:
- Data Collection in 91 Bays/Estuaries
- Detailed analysis of the raw data collected
- Setting of Conservation Objectives by the National Parks and Wildlife Service (NPWS) in respect of each site
- Carrying out Appropriate Assessments (AA) – by the Marine Institute - of aquaculture/fishery activities against the detailed Conservation Objectives set, and
- Determination of Licences/Fisheries on the basis of the Appropriate Assessment and other relevant factors.
Conservation Objectives have now been set for a significant number of bays. The appropriate assessments are being carried out by the Marine Institute on behalf of the Department and to date four bays have been assessed - Castlemaine, Dundalk, Roaringwater and Lough Swilly. Licence determinations have been made in the case of Castlemaine.
My Department continues to make every effort to expedite the determination of aquaculture licence applications having regard to the legal, scientific and technical complexities involved.
