Mary Wallace (Meath East, Fianna Fail)

The proposed works at Fermoy do not involve the removal or replacement of the weir but rather the essential replacement of the fish pass to permit the unheeded passage of migratory fish, as required under the habitats directive.

The background to the current proposals on works at Fermoy weir is that a complaint was made to the European Commission alleging that the weir was acting as a barrier to migrating salmon which are being injured in their attempts to migrate for spawning purposes. Salmon is one of a number of species in the River Blackwater that are protected species under the habitats directive. The river also happens to be a designated special area of conservation

The Commission has indicated to officials that failure to rectify the position will result in infringement proceedings being initiated against Ireland. This could result in very substantial fines being imposed by the European Court of Justice. In these circumstances, the engineering section of the Department of Communications, Energy and Natural Resources investigated the matter. Its report of July 2006 indicated that the weir acted as a barrier not only to salmon but also to other protected species, namely, lamprey and shad.

In the light of the findings of the report and the complaint to the Commission, a direction under section 116 of the Fisheries (Consolidation) Act 1959 was issued by the Minister to Fermoy Town Council, as owner of the weir. The council is required to lower part of the weir, consistent with retaining sufficient depth for rowing in recognition of the amenity enjoyed by Fermoy Rowing Club, and to install a rock ramp pass in the lowered weir to facilitate fish passage. While the optimal solution to barriers to migrating fish, purely from a fisheries conservation perspective, is to remove them, at no time was it proposed to remove the weir, nor is removal part of the current proposals. This approach was adopted in order to protect the recognised amenity enjoyed by Fermoy Rowing Club on the River Blackwater.

An opportunity has arisen to have the works on the weir completed alongside the first phase of a flood relief scheme for the area to be carried out by the OPW. There are obvious efficiencies and economies associated with pursuing this course of action. I advise the Deputy that departmental officials, at the request of Fermoy Town Council, held a public consultation in the town recently to explain the nature and purpose of the proposed works. The Department also met representatives of Fermoy Rowing Club and its engineering adviser to discuss the proposals. Concerns were expressed during the consultation about aspects of the proposal and a number of measures to alleviate these concerns have now been proposed. Under the revised proposal the width of the fish pass would be decreased. This will reduce further the extent to which upstream water levels will drop below the existing weir crest, in low flow periods to 85 millimetres, or 3.4 inches. That is in the normal flow of a dry summer. In a severe drought period, the drop in water levels below the existing weir crest will not exceed 175 millimetres, or 7 inches, according to the engineers. I am advised there is deep water upstream of the weir and these projected water levels during low flow should not give rise to any interference with the activities of the rowing club.

The additional proposals to be designed as part of the project include the installation of a pontoon slipway, pending the building of a new slipway by the OPW, as part of phase 2 of its flood relief scheme; the removal of gravel from the river bed at the strand area where it has naturally silted up and limits rowing; with the consent of the owner the cutting back of weeds and foliage that limit the width of the river available for rowing. These works are to be carried out by the Southern Regional Fisheries Board.

I am advised that the Minister of State at the Department of Communications, Energy and Natural Resources, Deputy Seán Power, hopes to hold a number of meetings to clarify whether there are any issues that have not been addressed in the revised proposals before he decides whether to proceed with the necessary works, in compliance with domestic and European law.

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