Tom Hayes (Tipperary South, Fine Gael) | Oireachtas source

The majority of areas for which these oyster licences are sought are designated special areas of conservation or special protection areas under the EU birds directive.

In 2007 the European Court of Justice declared in case No. 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 the 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 European Court of Justice, ECJ, judgment a process was agreed with the European Commission. This process includes the following steps, namely, data collection in 91 bays and 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 by the Marine Institute of aquaculture or fishery activities against the detailed conservation objectives set and determination of licences or fisheries on the basis of the appropriate assessment and other relevant factors

Conservation objectives have 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 five bays have been assessed, namely, Castlemaine, Dundalk, Roaringwater, Lough Swilly and Donegal. It is expected that successful completion of the appropriate assessment process will facilitate significant licence determinations. In the region of 40 aquaculture licences have issued this year in respect of Castlemaine. The licensing process in Roaringwater Bay is at an advanced stage, with applications at the public and statutory consultation phase.

Additional information not given on the floor of the House

As outlined, my Department has been working closely with the Marine Institute, Bord Iascaigh Mhara, BIM, and the NPWS to achieve full compliance through a multi-annual work programme. A key factor of this work programme is the identification of prioritised bays, based on the number of aquaculture sites, the ready availability of scientific data and other factors. The prioritised list of bays is kept under continual review by my Department to facilitate the use of scientific and other resources on a flexible basis across the full range of bays, if deemed necessary. The appropriate assessment process represents a significant financial, administrative and scientific investment by the State. The issue of resources is kept under continual review having regard to the importance my Department attached to this issue.

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