Tom Fleming (Kerry South, Independent)
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Question 335: To ask the Minister for Agriculture, Fisheries and Food if he will honour the commitment given by his predecessor last Christmas to re-open the Crumann mussels fishery in Castlemaine harbour, County Kerry, in May as with all other fisheries along the east coast. [6535/11]

Simon Coveney (Cork South Central, Fine Gael)
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Castlemaine Harbour is designated as a Special Area of Conservation under the EU Habitats Directive and a Special Protection Area under the EU Birds Directive. The designation of the Harbour places restrictions under EU law on the activities that can take place in the harbour. Any such activity is subject to prior scientific assessment of its potential impact on the conservation objectives for the site. Following such assessment the planned activity if approved may be subject to mitigation measures.

The European Communities (Control on Mussel Fishing) Regulations 2008 (S.I. 347 of 2008) closed Castlemaine Harbour and other known mussel seed fisheries located in Natura 2000 sites. When the national mussel seed fishery opens each year, these are excluded unless and until they have been scientifically assessed against the conservation objectives for the Natura site. In the absence of published conservation objectives, a proposal to fish for mussel seed in Castlemaine Harbour was the subject of an 'interim' assessment in 2008, 2009 and 2010 and this required the support of the European Commission, given the negative findings in 2007 of the European Court of Justice against Ireland concerning non-compliance with the Habitats and Birds Directives in Natura sites.

Conservation Objectives for Castlemaine Harbour were published by the National Parks and Wildlife Service in August 2010. With the availability now of conservation objectives, a full assessment can be carried out of fishing and aquaculture activity in the Harbour. Since last year, my Department has been working closely with NPWS, BIM and the Marine Institute to ensure that this first full assessment will be completed in good time for the traditional mussel seed fishing season in Castlemaine Harbour.

I understand that the Fishermen's Co-Operative in Castlemaine Harbour has prepared a fishing plan for 2011, with the assistance of BIM. Crucially, that plan is expected to set out proposals for a 5-year period. I expect to receive that plan very shortly. Given the scientific work that has been undertaken by the Marine Institute over the last year, in consultation with the NPWS, BIM and my Department, the Marine Institute expect to complete their scientific assessment of the fishing plan for Castlemaine Harbour within a short period. I am advised that this will see the assessment completed by the end of April and as a result the statutory public consultation can be completed by the end of May. I will then make my statutory decision on the mussel seed fishery for Castlemaine Harbour during the month of June. I note that the traditional mussel seed fishing season in Castlemaine Harbour starts in August or September, depending on the maturity of the seed.

Should the Co-operative's proposals for a 5-year plan prove acceptable, this will remove the need for annual assessments and Castlemaine Harbour will be able to open with the rest of the national mussel seed fishery, subject to any necessary mitigating or management measures included in the adopted Natura Fisheries Plan.