Tom Morrissey (Progressive Democrats)

While I do not claim to be an expert on marine issues generally or razor clam fishing specifically, I have been made aware of a possible issue in Portmarnock in my constituency of Dublin North. The Minister will be aware that fishing for razor clams in certain areas is not prohibited by the EU habitats directive 1992, as transposed into Irish law. However fishing for razor clams is managed as a living aquatic resource under the Common Fisheries Policy. I understand the harvesting of razor clams is subject to legislative controls and the areas in which such harvesting can take place is classified by ministerial regulations. These are applied every six months following consideration of the results of the ongoing sampling programme.

In light of the provisions of the habitats directive, particularly Article 6, and the EU ruling on cockle fishing in special areas of conservation in the Netherlands, should razor clam fishing near Portmarnock be allowed to continue? With the legal precedent set in the EU in terms of the definition of a project, I would like the Department to publish its criteria for the assessment of razor clam fishing adjacent to an SAC and sometimes within an SAC off Portmarnock beach in north Dublin. The Minister might also reassure the House that the Department's inspectorate staff continue to carry out periodic inspections of fishing in this area to ensure harvesting is undertaken in accordance with prevailing regulations.