John O'Mahony (Mayo, Fine Gael)
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Question 1169: To ask the Minister for Agriculture, Fisheries and Food if he will confirm that he is cooperating with the European Commission in relation to a complaint relating to damage of a Natura 2000 site at Lough Swilly, County Donegal; his views on what seems to be a failure to protect another special protection area or special area of conservation; and if he will make a statement on the matter. [1026/09]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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Last year my Department was notified by the EU Commission of a complaint regarding alleged damage to the Natura 2000 site in Lough Swilly.

My Department investigated the complaint and concluded that the activity in question was a legitimate use of a licensed aquaculture site by the licence holder. My Department's response was communicated to the EU Commission and the complainant.

John O'Mahony (Mayo, Fine Gael)
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Question 1170: To ask the Minister for Agriculture, Fisheries and Food his views on the inclusion of the Japanese Oyster on the European invasive species list in order to protect the Irish native oyster from being wiped out; and if he will make a statement on the matter. [1028/09]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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The Pacific oyster (Crassostrea gigas) is included in Annex IV of Council Regulation (EC) 708/2007 concerning use of alien and locally absent species in aquaculture. Article 2(5) of the Regulation specifically exempts those species listed in Annex IV from the provisions of the Regulation, with the exceptions of articles 3 and 4. Article 4 requires Member States to ensure that all appropriate measures are taken to avoid adverse effects to biodiversity, and especially to species, habitats and ecosystem functions which may be expected to arise, inter alia, from the spreading of these species into the wild.

The justification of exempting the Pacific Oyster from the provision of the Regulations is that it has been in production for many years and has been moved from jurisdiction to jurisdiction.

A Member State shall request that a risk assessment is undertaken of an Annex IV species if they wish to take measures to restrict the use of the species in question in their jurisdiction.

To assist in determining the future potential risk of widespread proliferation of the Pacific Oyster in Ireland the Marine Institute is funding a research study to document the level of reproductive effort of oysters grown on the seabed compared with the more traditional culture methods for this species. This study is expected to be completed by September 2010. The results of this study will be used to inform any actions that may be required consistent with the provisions of the Regulation.