Pat Breen (Clare, Fine Gael)
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Question 452: To ask the Minister for Agriculture, Fisheries and Food when he will make a decision on an application (details supplied) in County Clare; and if he will make a statement on the matter. [24737/09]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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The area for which the licences are sought is a designated Special Area of Conservation under the EU Habitats Directive and a Special Protection Area under the EU Birds Directive (Natura 2000 site). In the course of assessing the applications a number of complexities have arisen due to the Natura 2000 status of the area. As a result further consultation was necessary with the National Parks and Wildlife Service of the Department of the Environment, Heritage and Local Government. The applications were referred to that Department for further consideration having regard to the ongoing discussions between the two Departments on the issue of aquaculture activities in Natura 2000 sites generally. That Department has now advised that all operations or activities should be subject to the provisions of Article 6(3) of the EC Habitats Directive as transposed by Regulation 31 of the European Communities (Natural Habitats) Regulations 1997 (S.I. No. 94 of 1997).

In this regard my Department, together with the National Parks and Wildlife Service, is currently in the process of finalising, with the EU Commission, a plan to deliver compliance of aquaculture activities in Natura 2000 sites with the EU Birds and Habitat Directives. This plan is designed to provide for the continued operation of existing activities while at the same time undertaking a comprehensive data collection programme that will enable all new and renewal applications to be appropriately assessed for the purpose of ensuring compliance with these Directives.

The applications referred to by the Deputy will fall to be considered in the context of the above general arrangements as well as other issues specific to their circumstances.