Seán Sherlock (Cork East, Labour)
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Question 374: To ask the Minister for Communications, Energy and Natural Resources the deliberations he has had with Fermoy Town Council, County Cork, in regard to the repair of the fish pass on the Munster Blackwater; if he will consider a contribution to the cost or meet the full cost of repairing the fish pass; and if he will make a statement on the matter. [11213/10]

Conor Lenihan (Dublin South West, Fianna Fail)
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Fermoy Town Council, which acquired the weir some years ago, is responsible, as are other weir owners, for the maintenance and upkeep of the weir. The Town Council is aware of the need to reduce the barrier effect of the weir on the migration of certain protected fish species, including salmon and lamprey, in order to ensure compliance with the EU Habitats Directive. Since taking up responsibility for the inland fisheries brief, I reviewed the approach to resolving the barrier to fish passage at Fermoy up to December 2009. I was anxious that progress be made to deal with problems of fish passage and actively engaged with the Town Council on the matter and the local rowing club in terms of how their needs could also be met.

I listened carefully to the arguments of the Council and local rowing club and their strong view that an alternative to a rock ramp proposal would provide a viable solution to the issue of fish passage at Fermoy. While the technical and scientific advice to me differs from this position, having listened to the arguments of the Council and rowing club, I agreed to afford the Council, the owner of the weir, an opportunity to implement its preferred solution of repairing the existing fish passes on the weir. To give practical effect to my decision, I exercised my power to revoke the original direction issued in 2006, in favour of the order given to Fermoy Town Council under section 116 of the Fisheries (Consolidation) Act 1959 to undertake immediate repairs to the existing damaged fish ladder situated in the weir in order to reduce the barrier effect of the weir on migratory fish species.

I have created an opportunity for the Council to demonstrate that its preferred solution of repair to the fish pass offers a viable solution to the issue of fish passage at Fermoy. This opportunity has been provided to the Council notwithstanding the technical advice to me and it is now a matter for Fermoy Town Council, the owners of the weir, to implement its proposals and monitor their effectiveness. In creating this opportunity, I would stress that there is no dilution of Ireland's commitment to meeting its responsibilities under EU Law, including obligations in relation to protected species under the Habitats Directive. The effect of the repairs proposed on fish migration will be closely monitored and if the required improvement in fish migration is not achieved, I have made it clear that I will not hesitate to direct the Town Council to undertake further major works. The onus rests with the local authority to maintain the structure they value and protect so zealously, in the same way they fund and maintain other important infrastructure in their ownership.