Andrew Doyle (Wicklow, Fine Gael) | Oireachtas source

An aquaculture licence is required by law for the cultivation of finfish, shellfish and certain marine plants such as seaweed. My Department considers all applications for aquaculture licences in accordance with the provisions of the Fisheries (Amendment) Act 1997, the Foreshore Act 1933 and applicable EU legislation. The process involves consultation with a wide range of scientific and technical advisers as well as various statutory consultees. The legislation also provides for a period of public consultation. In addition, my Department must adhere to a wide range of regulatory requirements and other legislation which impact on the licensing process.

A key component of the aquaculture licensing process is a series of measures designed to address the impact of aquaculture on the environment. This series is known as appropriate assessment, AA. This process arose from a European Court of Justice, ECJ, case against Ireland in 2007. The Court of Justice declared that, by failing to take all the measures necessary to comply with the EU habitats directive in respect of authorisation of aquaculture programmes, Ireland had failed to fulfil its obligations under that directive. The EU habitats and birds directives have resulted in the designation of certain bays by the National Parks and Wildlife Service as special areas of conservation or special protection areas for birds, or both. These are known as NATURA 2000 sites and most aquaculture takes place within them, or adjacent to them. In the negotiations to address the ECJ judgement, the Department agreed a process with the European Commission and the National Parks and Wildlife Service which would govern the State’s processing of aquaculture licence applications. The AA process is managed in the main by the Marine Institute via environmental and scientific contractors commissioned by the Institute to carry out the necessary field work and desk analysis. To date, the Marine Institute has submitted appropriate assessments on 24 bays to my Department.

On the environmental impact assessment and screening process, all aquaculture licence applications must be either accompanied by an environmental impact statement, EIS, which is mandatory in the case of marine finfish cultivation or, in the case of shellfish cultivation, applications must be the subject of a detailed screening process with a view to determining whether an EIS is required. The screening process is managed by a screening group comprised of officials from the Marine Institute, Bord lascaigh Mhara, my Department’s marine engineering division and my Department’s aquaculture and foreshore management division. This group examines in detail the characteristics, location and potential environmental impact of each application. The screening assessment process complies fully with applicable European regulations, requirements and guidance documents. In addition, the ministerial decision arising from the screening process is published on the Department's website.

On statutory and public consultation, the legislation specifically provides for periods of statutory and public consultation in respect of aquaculture licence applications, and I can assure the Deputy that all observations received - he mentioned 3,200 in the case of two bays in County Donegal - are considered by the Department. Furthermore, any member of the public who wishes to appeal a ministerial decision may do so by submitting an appeal to the Aquaculture Licences Appeals Board, which is an independent body established by statue. An applicant can also avail of this appeal process.

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