Michael McDowell (Dublin South East, Progressive Democrats)

The Minister of State at the Department of Communications, Marine and Natural Resources, Deputy Browne, regrets that he is unable to attend the Seanad this afternoon but is grateful to Senator Morrissey for raising this issue. Natura 2000 is the EU-wide network of nature protection areas established under the 1992 habitats directive, which aims to safeguard Europe's most important wildlife areas. It comprises special areas of conservation, SACs, designated by member states under the habitats directive, and special protection areas, SPAs, which they designate under the 1979 birds directive. The establishment of this network of protected areas where special measures are taken to conserve biological diversity also fulfils a clear community obligation under the UN Convention on Biological Diversity. The habitats directive identifies some 200 habitat types and 700 species of plants and animals of EU importance. The birds directive lists 181 vulnerable species for which habitat protection through site protection is required. It also recognises the need to protect areas of importance for migratory bird species, particularly wetland habitats.

The long-term conservation of these habitats and species cannot be achieved by protecting isolated pockets of nature however great their individual value. By establishing a network of sites across the full distribution of these habitats and species, Natura 2000 is intended to be a dynamic and living network providing a guarantee for their conservation. Natura 2000 is not a system of strict nature reserves where all human activity is excluded.

On the establishment of management regimes for the sites, in 2005 the Minister for Communication Marine and Natural Resources formally launched the management framework for shellfisheries, committee structures, functions and process. The committee structures, functions and administrative arrangements were agreed following intensive consultation with all those involved in inshore fishing. The network of inshore fisheries local advisory committees, species advisory groups and the inshore fisheries review group are now playing their part in setting the objectives for inshore fisheries, the development of local management plans to deliver these objectives, and the efficient and effective implementation of these plans.

Sound objectives and good management must always rely on solid counsel. We must move from divergence and isolation to consensus and inclusiveness so that inshore fishermen move forward together with a shared vision and objective for the benefit of all. The talents and abilities in the fishing industry, BIM, the Marine Institute, other State agencies and in the Department of Communications, Marine and Natural Resources represent the best available to produce scientifically based management advice on an annual basis. It will be on the basis of that advice, produced in partnership with stakeholders, that we will move forward. The framework is based on working as far as possible on a voluntary partnership basis rather than relying too much on legal instruments to deliver management plans effectively. The Minister of State is convinced that such a partnership provides not only the best opportunity for success but also the only way to capture the spirit of stewardship that resides in all those who make their living from the sea.

In respect of the specific interaction between inshore fisheries and SACs, there is an obligation under the habitats directive to be cautious with respect to the impact of fishing activity in marine SACs. The directive does acknowledge that traditional activity in the SAC may continue provided there is no escalation. With activities that are thought to impact negatively on the structure and function of the ecosystem and especially where the level of such activity may be increasing within the SAC a precautionary approach is warranted. The management advisory committee considers the impact of the fishing activity on the environment generally and more specifically when that activity occurs within an SAC. Fishery management plans are drafted that consider the impact of the fishery on the target species but also develop particular environmental objectives that will aim to minimize the impact of the activity where this is thought to be important.

Concerns have been raised in respect of razor clam fishing in the region of Portmarnock beach. Fishing for razor clams in the area is not prohibited by the 1992 habitats directive as transposed into Irish law but is managed as a living aquatic resource under the Common Fisheries Policy. The harvesting of razor shells is subject to legislative controls and the areas in which such harvesting can take place is classified by ministerial regulations every six months following consideration of the results of a sampling programme.

A system of gatherer dockets is also implemented whereby important information is collected on the fishery in such aspects as the precise location and date of harvesting, the quantities involved and the destination of the harvested razor shells. The Department's marine inspectorate staff also carries out periodic inspections of fishing activity to ensure that harvesting activities are being undertaken in accordance with the prevailing regulations.

As part of the work of the molluscan species advisory group, established under the shellfish management framework and which includes a representative of the razor clam fishermen, a razor clam local advisory committee has been established and held its first meeting in March 2006. The next meeting is planned for January 2007. This committee is facilitated by BIM and will seek to develop a sustainable management framework for the fishery.