Shane McEntee (Meath East, Fine Gael)

I thank the Senator for bringing up this matter. I live not too far from Dundalk and have had one representation on this matter. If there are questions I cannot answer today I shall reply in writing to the Senator.

The European Communities (Habitats and Birds) (Sea-Fisheries) Regulations 2009 - SI 346 of 2009 as amended by SI No. 397 of 2010 - were enacted to provide a statutory process for the assessment of fishing activities in areas protected by the EU birds and habitats directives. Dundalk Bay is the subject of a Natura 2000 designation under these directives and as a result its cockle dredging activities underwent appropriate assessment. A draft five year fishing plan for Dundalk Bay, prepared by Bord Iascaigh Mhara on behalf of the Dundalk Bay fishing industry, was submitted to my Department on 9 June 2011. In keeping with the aforementioned regulations, the plan was appropriately assessed by the Marine Institute in accordance with the requirements of the EU birds and habitats directives and with guidance from the National Parks and Wildlife Service. The appropriate assessment concluded that brown shrimp, scallop, lobster and crab fisheries can proceed as proposed in the plan while cockle and razor clam fisheries can proceed under certain conditions. It concluded that fishing for mussels should not proceed as there was insufficient information available to conclude that it would not have an impact on the site.

A one-month statutory consultation was undertaken with views received from environmental non-governmental organisations, the general public and statutory consultees. Following on from this, the ad hoc, non-statutory, technical advisory committee was convened on 17 August 2011 to advise the Minister on the fishery Natura plan, the appropriate assessment and submissions received during the consultation period. The committee comprised representatives from the environmental pillar and representatives of the local fishing sector. It also included representatives from the Department, the Sea-Fisheries Protection Authority, the Marine Institute and BIM. The committee did not reach a consensus. However, the views of the committee were submitted to the Minister, Deputy Coveney, together with the draft plan, the appropriate assessment and the results of the consultation process on 31 August 2011.

Having considered all of the information provided, the Minister finalised the fishery Natura plan for Dundalk Bay on 2 September 2011, confirming a total allowable catch, TAC, of 510 tonnes of cockles in 2011. Going on the experience of previous years and the current market price for cockles, it was clear that demand for access to the cockle fishing in 2011 would be high. The biomass of cockles in Dundalk Bay is quite variable from year to year, so the TAC, which is set at 33% of the biomass, also varies from year to year. The Minister also signed Fisheries Natura Declaration No. 2 of 2011 (Dundalk Bay) on 2 September 2011, restricting cockle fishing in Dundalk Bay to permit holders only. The plan and declaration were made for the purpose of ensuring that the cockle fishery is consistent with the conservation objectives for these protected Natura 2000 sites. This is absolutely necessary for Ireland to comply with its obligations under the EU habitats and birds directives and to comply with a judgment of the European Court of Justice against Ireland.

The restriction on fishing for cockles by permit only, accompanied by a call for applications for permits, was advertised nationally in the Irish Independent on Tuesday, 6 September 2011. The call for applications applied to vessel owners and hand gatherers. The call was also published online at the website fishingnet.ie. Fishing under permits for hand gathering ended on 30 September. This restriction was adopted on the advice of the Marine Institute. The restriction is intended to protect migratory wading birds from disturbance by the hand gathering activities on shore as the migratory wading birds arrive on our shores at this time of year. The hand gathering activities took place during low tide on the shoreline and the protection of migratory wading birds is required for this site under the terms of the birds directive.

The harvesting figures for cockles, which have been collected to date by BIM in compliance with the declaration, are as follows: for the period 15 to 16 September, it was 7.3 tonnes; for the period 23 to 30 September, it was 72.4 tonnes; for the period 1 to 7 October, it was 66.56 tonnes; and for the period 8 to 14 October, it was 41.15 tonnes. Figures have not been compiled to date for the period 15 to 21 October. Regarding the Senator's question on the quality of the cockles, I draw to the Senator's attention that Ireland has a shellfish safety monitoring programme in place to protect consumers' health. The programme ensures that shellfish containing biotoxins are not harvested and placed on the market. Biotoxins are naturally produced by phytoplankton in seawater. I am advised by the Marine Institute that samples from Dundalk Bay have tested negative for biotoxins, the most recent sample having been taken on 13 October.

In addition, the institute tests samples to monitor the bacteriological and viral contamination of bivalve shellfish as part of the routine monitoring programme to classify shellfish harvesting areas. Sampling and classification is conducted by the SFPA based on the analysis provided by the Marine Institute's laboratory. Dundalk Bay is classified as category B for cockles. Areas classified as such are those areas from which live bivalve molluscs may be collected and placed on the market for human consumption only after treatment in a purification centre or after relaying so as to meet required health standards.

With regard to razor clam fishing, as for all fisheries, a decision on a fisheries plan can only be made on each site based on the appropriate assessment for that site. For Dundalk Bay, the appropriate assessment concluded that the present level of razor fishing will not have significant impacts on the conservation objectives for the site. The assessment was based on a substantive body of scientific data. The assessment recommended that the level of razor fishing should be monitored and if a significant escalation is observed, that further appropriate assessment be conducted. Through the Natura declaration, long-term arrangements have been put in place for the ongoing monitoring of razor fishing activity. Similar arrangements are also in place for brown shrimp. I am satisfied that the fishing activities in Dundalk Bay have been subject to full and appropriate assessment and are being undertaken in an environmentally sensitive manner, fully in compliance with the EU birds and habitat directives.