Dáil Éireann Debate, Tuesday - 7 November 2017
932. Deputy Tom Neville asked the Minister for Agriculture, Food and the Marine when an aquaculture licence application by a person (details supplied) in County Kerry will be processed; if a derogation will be given to the person until their application is processed; and if he will make a statement on the matter. [46403/17]
Amharc ar fhreagraThe application for an aquaculture licence referred to by the Deputy is in respect of a site located in Castlemaine Harbour, which is designated as a Special Area of Conservation under the EU Habitats Directive and a Special Protection Area under the EU Birds Directive (Natura 2000 site).
All applications in ‘Natura’ areas are required to be appropriately assessed for the purpose of environmental compliance with the EU Birds and Habitats Directives. The Appropriate Assessment of Castlemaine Harbour has been completed and the relevant licensing determinations have been made based on applications to hand at the time of the assessment.
The specific application referred by the Deputy was submitted to my Department subsequent to the carrying out of the Appropriate Assessment process for this harbour. Accordingly, it was not possible to assess this application against the designated Conservation Objectives for the harbour.
The optimum method for appropriately assessing applications by individual operators, who were not included in the initial overall assessment procedure, is under active consideration by my Department. The process must comply with best scientific practice and be achieved in a manner which will be acceptable to the national authorities and to the EU Commission.
In the meantime, the assessment procedures agreed with the EU Commission require Appropriate Assessments in respect of aquaculture activities to be carried out by the national authorities and unilateral departure from these arrangements is not possible.
Every effort is being made to expedite the conclusion of this matter as soon as possible.
There is no provision in the legislation governing aquaculture for a derogation from the licensing requirement. Section 4 of the Fisheries and Foreshore (Amendment) Act 1998 prohibits an applicant or any person on behalf of the applicant to engage in aquaculture at the place or waters to which the application relates before a licence is granted under the Fisheries (Amendment) Act 1997.
