Finian McGrath (Dublin North Central, Independent)
Link to this: Individually | In context

Question 425: To ask the Minister for the Environment, Heritage and Local Government, in relation to the proposed designation of Trawbreaga Bay, County Donegal, if the required baseline data is available to amend the qualifying features of the site; if sufficient baseline data is now available for the assessment of aquaculture activities in the bay in compliance with Article 6(3) and 6(4) of the habitats directive; and if sufficient baseline data is not available to facilitate assessments if he will explain the way the scientific basis for both the initial and extended designation of Trawbreaga Bay special protection area was reached. [37265/10]

Finian McGrath (Dublin North Central, Independent)
Link to this: Individually | In context

Question 426: To ask the Minister for the Environment, Heritage and Local Government, in relation to the proposed designation of Trawbreaga Bay, County Donegal, if it is possible to gain access to the specific conservation objectives for the initial and amended Trawbreaga Bay special protection area in particular to facilitate the assessment of the aquaculture activities in the bay in compliance with article 6(3) and 6(4) of the habitats directive. [37266/10]

Finian McGrath (Dublin North Central, Independent)
Link to this: Individually | In context

Question 427: To ask the Minister for the Environment, Heritage and Local Government, in relation to the proposed designation of Trawbreaga Bay, County Donegal, the level of information the National Parks and Wildlife Service foresees as being required to inform any appropriate assessments which will need to be carried out on activities in and adjacent to the special protection area; if this data will be made readily available; and what, if any, survey requirements will they expect to inform the assessments. [37267/10]

Finian McGrath (Dublin North Central, Independent)
Link to this: Individually | In context

Question 428: To ask the Minister for the Environment, Heritage and Local Government, in relation to the proposed designation of Trawbreaga Bay, County Donegal, the way the proposed special protection area designation will affect the ordinary sea angler. [37268/10]

Finian McGrath (Dublin North Central, Independent)
Link to this: Individually | In context

Question 429: To ask the Minister for the Environment, Heritage and Local Government, in relation to the proposed designation of Trawbreaga Bay, County Donegal, if the use of fishing boats and permission to fish remain and if winkle picking and seaweed harvesting will continue on a commercial basis following the designation. [37269/10]

Finian McGrath (Dublin North Central, Independent)
Link to this: Individually | In context

Question 430: To ask the Minister for the Environment, Heritage and Local Government, in relation to the proposed designation of Trawbreaga Bay, County Donegal, if local riding schools and other horse owners will be allowed to continue riding horses across the beach. [37270/10]

Finian McGrath (Dublin North Central, Independent)
Link to this: Individually | In context

Question 431: To ask the Minister for the Environment, Heritage and Local Government, in relation to the proposed designation of Trawbreaga Bay, County Donegal, the way the proposed special protection agency designation will affect landowners whose property borders the red line on maps issued for Trawbreaga Bay. [37271/10]

Finian McGrath (Dublin North Central, Independent)
Link to this: Individually | In context

Question 432: To ask the Minister for the Environment, Heritage and Local Government, in relation to the proposed designation of Trawbreaga Bay, County Donegal, if it is envisaged that there will be future expansion of the designated area. [37272/10]

Finian McGrath (Dublin North Central, Independent)
Link to this: Individually | In context

Question 433: To ask the Minister for the Environment, Heritage and Local Government, in relation to the proposed designation of Trawbreaga Bay, County Donegal, the way in which the designation impacts on farm practices. [37273/10]

Finian McGrath (Dublin North Central, Independent)
Link to this: Individually | In context

Question 434: To ask the Minister for the Environment, Heritage and Local Government, in relation to the proposed designation of Trawbreaga Bay, County Donegal, the way in which the designation impacts on the erection of farm houses. [37274/10]

Finian McGrath (Dublin North Central, Independent)
Link to this: Individually | In context

Question 435: To ask the Minister for the Environment, Heritage and Local Government, in relation to the proposed designation of Trawbreaga Bay, County Donegal, his plans to control the mink population. [37275/10]

Finian McGrath (Dublin North Central, Independent)
Link to this: Individually | In context

Question 436: To ask the Minister for the Environment, Heritage and Local Government, in relation to the proposed designation of Trawbreaga Bay, County Donegal, if there are any new rules or guidelines affecting gun clubs in the area. [37276/10]

John Gormley (Dublin South East, Green Party)
Link to this: Individually | In context

I propose to take Questions Nos. 425 to 436, inclusive, together.

A judgment delivered by the European Court of Justice in December 2007 (C-418/04) found Ireland to have been in breach of the requirements of the Birds and Habitats Directives in a number of areas. This included a finding that the designation of Ireland's original suite of Special Protection Areas (SPA's) was inadequate and did not meet the full requirements of the Directives. The Court also found that some of Ireland's SPA's were not sufficiently extensive to include all important habitat for the birds in question. The findings of the Court necessitated a re-designation programme of all of the State's SPA's, including Trawbreaga Bay SPA, which was first designated some fifteen years ago.

Bird data collected over the past two decades clearly show that this site warrants designation as an SPA. In addition, the approach now being taken, in compliance with the findings of the Court, has necessitated redrawing the boundaries of some sites to include all important areas for birds. In Trawbreaga Bay, this has primarily entailed extending the site to include all of the wetland area of the Bay and I do not have any plans to expand the area of the site beyond what is currently proposed. Trawbreaga Bay is also part of the North Inishowen Coast Special Area of Conservation (SAC).

The judgment of the Court demands that the protected species of bird are now listed as qualifying interests for the site and some activities will require my consent before they can be undertaken. Implications for farm practices of those farmers concerned have been addressed in site packs on the proposal sent with my Department's letter of 30 July, 2010, to some 148 landowners and users identified as having an interest in the site.

The judgment of the European Court of Justice in case C418/04 also found that Ireland was in breach of the Habitats Directive by failing to subject aquaculture licence applications to the appropriate assessment requirements of Article 6 of the Habitats Directive. Article 6 requires that any plan or project consented to by a Member State must be assessed for its potential to cause damage to a designated site, in view of the site's conservation objectives. In order to undertake appropriate assessment for aquaculture consents, a number of steps must be followed.

Firstly, my Department must set detailed conservation objectives for each of the sites in which aquaculture or fishery activities are proposed. To do this, sufficient baseline data, more detailed than the data required for classification / designation, must be collected. A programme of collecting the required data is underway at a national level involving my Department and the Marine Institute. Once set, the conservation objectives will be used by the Minister for Agriculture, Fisheries and Food to undertake an appropriate assessment of applications for aquaculture licences / licence renewals or to open fisheries within, or impacting upon, designated sites.

Sufficient bird data have now been collected by my Department to inform the re-designation and to set conservation objectives for Trawbreaga Bay SPA. Within the next few weeks the Marine Institute (MI) will have gathered and analysed sufficient benthic (sea bed) data to enable conservation objectives to be set for North Inishowen Coast SAC. Once this is done, the Minister for Agriculture, Fisheries and Food can proceed to undertake appropriate assessment and to make licensing decisions. The data collected for these purposes will be made available on request.

My Department does not have concerns about current levels of recreational activities at this site.

Commercial activities such as fishing, winkle picking and seaweed harvesting are subject to consent processes administered by the Minister for Agriculture, Fisheries and Food or me. Applications for consent to undertake these activities will be subject to screening for appropriate assessment and appropriate assessment if required. Applications for consent under the planning system will similarly be screened and/or assessed by the relevant planning authority.

Mink are not considered to be a significant threat to the protected species in this SPA at present and I have no immediate plans to control their numbers.

The proposal to update the designation of Trawbreaga Bay as a Special Protection Area under the Birds Directive was advertised on 4 August, 2010. Appeals by affected landowners or users may be made by 3 November, 2010. The re-designation process will be concluded, following consideration of any appeals submitted, with the making of a new Statutory Instrument for the site.

My Department has met with a number of interested parties and local stakeholders regarding the re-designation of Trawbreaga Bay to clarify the implications of the designations.