The EU Court judgement referred to by the Deputy relates to aquaculture consents in areas designated as Special Protection Areas (SPAs) under the EU Birds Directive. The judgement has also affected aquaculture consents in areas designated as Special Areas of Conservation (SACs) under the EU Habitats Directive. Areas designated under these Directives are known as Natura areas.
A key priority for my Department has been the need to do everything possible to avoid the imposition of EU fines on the State while simultaneously protecting sustainable employment and economic activity in the aquaculture industry in the context of progressing as quickly as possible with the very detailed process of achieving full compliance with the relevant EU Directives. In accordance with procedures agreed with the EU Commission my Department has not issued any new aquaculture licences for the cultivation of finfish or renewed such licences in Natura areas pending the achievement of full compliance with the relevant EU Directives concerning these areas.
All applications in Natura areas are required to be appropriately assessed for the purpose of environmental compliance with the EU Birds and Habitats Directives. My Department, in conjunction with the Marine Institute and the National Parks and Wildlife Service (NPWS) of the Department of Arts, Heritage and the Gaeltacht is engaged in a comprehensive programme to gather the necessary baseline data appropriate to the conservation objectives of Natura areas. This data collection programme is substantially complete. Analysis of the data, together with the setting of appropriate conservation objectives by the NPWS, will enable all new, renewal and review applications to be appropriately assessed for the purpose of ensuring compliance with the EU Birds and Habitats Directives.
This work represents a significant financial, administrative and scientific investment by the State in resolving this issue. The Appropriate Assessment of aquaculture applications is being dealt with on a bay-by-bay basis.