Pat Breen (Clare, Fine Gael)
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Question 449: To ask the Minister for Agriculture, Fisheries and Food, further to Parliamentary Question No. 452 of 23 June 2009, when he will make a determination on an application (details supplied); and if he will make a statement on the matter. [35297/09]

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 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 the case of aquaculture sites located within the Natura 2000 area my Department, in conjunction with the Marine Institute, is gathering the necessary baseline data appropriate to the conservation objectives of these areas. 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.