Finian McGrath
Question:206. Deputy Finian McGrath asked the Minister for Agriculture, Food and the Marine the timeframe for the completion of an appropriate assessment for an aquaculture licence in an area (details supplied). [9965/14]
View answerWednesday, 26 February 2014
Questions (206)
Written answers
The application referred to by the Deputy is in respect of a site located within Drumcliff Bay which is designated as a Special Area of Conservation under the EU Habitats Directive (Natura 2000 site) and a Special Protection Area under the EU Birds Directive (Natura 2000 sites). 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 (i.e. areas protected under EU Birds/Habitats Directives), 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
The carrying out of detailed surveys of marine habitats and species has been completed. Conservation Objectives have now been set for over 60 bays including Drumcliff Bay. The next step in the process is the carrying out of an Appropriate Assessment by the Marine Institute. This is being progressed taking account of the need to facilitate the use of scientific and other resources on a flexible basis across the full range of bays.
The average timeframe for processing each particular application varies depending on location, species, scale and intensity of production, statutory status of sites, potential visual impact etc. Other factors include consideration of any submissions or observations raised during the public consultation period. My Department continues to make every effort to expedite the determination of all aquaculture applications having regard to the complexities of each case and the need to comply fully with all national and EU legislation.