Seán Sherlock (Cork East, Labour)
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Question 413: To ask the Minister for Communications, Energy and Natural Resources if plans to change the weir at Fermoy County Cork will be subsumed into the flood alleviation works; if so, when this was decided; and if he will make a statement on the matter. [37990/08]

Seán Power (Kildare South, Fianna Fail)
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In July 2006, the then Minister of State exercised his powers under the Fisheries (Consolidation) Act 1959 and issued a direction to Fermoy Town Council, the owners of the weir, to carry out the alterations necessary to the Fermoy weir to allow for the free passage of fish while mitigating the impact on rowing activities.

This direction issued in the interests of conserving and protecting the wild salmon resource and in order to avoid the initiation of infringement proceedings by the EU Commission under the Habitats Directive on foot of a complaint lodged with the Environment Directorate of the Commission.

In August 2008, it came to the attention of the Department that there may be an opportunity to have the required remedial works undertaken alongside the flood alleviation works proposed by the Office of Public Works (OPW). Departmental officials are in discussions with the OPW and Fermoy Town Council regarding this prospect. They are currently investigating whether it is possible, from a planning perspective, to avail of the opportunity to carry out the works at this time. It is expected that the outcome of these discussions and investigations will be known in the near future.