Pat Breen (Clare, Fine Gael)
Link to this: Individually | In context

Question 42: To ask the Minister for Agriculture, Fisheries and Food the progress made in relation to the processing of aquaculture licences; and if he will make a statement on the matter. [25965/09]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
Link to this: Individually | In context

Aquaculture licensing is governed by the terms and conditions of the Fisheries (Amendment) Act, 1997, as amended, and Regulations made thereunder, including, in particular, the Aquaculture (Licence Application) Regulations 1998, S.I. No. 236 of 1998. Other Regulations made under the European Communities Act 1972, as amended, also govern other aspects of aquaculture.

In considering an application for an aquaculture licence the licensing authority must consider:

the potential impacts on safety and navigation,

the ecological impacts on wild fisheries, natural habitats, flora and fauna,

the suitability of the waters,

the other beneficial uses of the place or waters,

the likely effects on the economy of the area, and

the statutory status under European legal frameworks of the area under application.

This process involves consultation with a range of scientific and technical advisers as well as various statutory consultees. Applications are also subject to public consultation whereby any interested person or body may make submissions or observations on any licence application. The process also involves publication of Ministerial decisions on applications and allowing a one month period for appeal of any decision. Any such appeal must then be considered by the independent Aquaculture Licences Appeals Board.

In the course of assessing applications for aquaculture licences a number of complexities have arisen due to the Natura 2000 status of many areas. 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 timeframe for reaching a determination in respect of applications will vary depending on location, species, scale and intensity of production, culture method, statutory status of sites, potential visual impact, access route and frequency of access to sites, other activities in the area etc. This does not include consideration of any submissions or observations raised during the public consultation period.

Every effort is being made by my Department to expedite the determination of all outstanding cases having regard to the complexities of each case and the need to comply fully with all relevant national and EU legislation.