Written answers

Thursday, 18 December 2008

Department of Environment, Heritage and Local Government

Fisheries Protection

5:00 pm

Photo of David StantonDavid Stanton (Cork East, Fine Gael)
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Question 298: To ask the Minister for the Environment, Heritage and Local Government the results of routine bacteriological sampling of the oyster beds in the lower Cork Harbour since such sampling began; the impact these results will have on his obligation under Article 4 of the EU Shellfish Waters Directive (79/923/EEC) to designate all shellfish waters here and, in particular, all shellfish waters covered by the Oyster Fishery (Cork Harbour) Order 1963 and taking into account Case C-148/05 Commission [i]v.[/i] Ireland of 14 June 2007, and Case C-225/96 Commission [i]v.[/i] Italy that he has no power of discretion to designate only a fraction of the area covered by this oyster fishery order in Cork Harbour, as currently proposed by his Department; and if he will make a statement on the matter. [47550/08]

Photo of John GormleyJohn Gormley (Dublin South East, Green Party)
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I understand that the routine bacteriological sampling of the oyster beds in the lower Cork Harbour is carried out by the Sea-Fisheries Protection Authority and as such is a matter for my colleague the Minister for Agriculture, Fisheries and Food. This sampling is done under the European Communities (Hygiene of Fishery Product and Fish Feed) Regulations 2006 rather than any regulations under the Shellfish Waters Directive.

Responsibility for the Shellfish Waters Directive, which sets out the quality requirements of shellfish waters under various parameters, transferred to my Department in early November 2008.

A consultation process on a proposal to designate additional areas in accordance with the Shellfish Waters Directive concluded in October 2008. I propose to make the additional designations as soon as possible and further designations may be considered at a later date.

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