Brendan Griffin (Kerry South, Fine Gael)
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Question 494: To ask the Minister for Agriculture, Fisheries and Food if a grant for a mussel boat will be made available to a co-op (details supplied) in County Kerry; and if he will make a statement on the matter. [9824/11]

Simon Coveney (Cork South Central, Fine Gael)
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Sneem Fishermen's Co-op applied in 2009 to BIM for grant aid for the purchase of a fishing vessel under the Aquaculture Development Measure of the Southern and Eastern Regional Operational Programme of the NDP 2000-2006. The application was judged to involve funding of aquaculture activity located in a site designated for protection under the EU Habitats Directive (so called Natura 2000 areas). The Natura 2000 area where the Co-op's activity is located is the Kenmare River Special Area of Conservation. In light of a finding against Ireland in 2007 by the European Court of Justice that Ireland was in breach of the Birds and Habitats Directives in relation to its licensing of aquaculture and fishing activities, applications under the Programme for funding of activities connected with an aquaculture site located in a Natura 2000 area were refused on legal advice, including the application from the Co-op. That Southern and Eastern Regional Operational Programme has since closed. It is not possible to incur any further expenditure under the Programme.

My Department is working with the Marine Institute, BIM, and the National Parks and Wildlife Service on a multi-annual programme to bring Irish aquaculture and fisheries into compliance with the Habitats and Birds Directives. The Kenmare River SAC is ranked as one of the highest priorities under that programme.

It should be noted that under article 7 of EU regulation 736/2008, state aid must have an incentive effect. This means that operations that the beneficiary has already begun to implement cannot receive grant aid. As the boat in question has been purchased it cannot now be grant aided in retrospect as it would breach EU State Aid rules.

However, once aquaculture and fishing activities in the Kenmare River SAC have been scientifically assessed in accordance with the EU Habitats Directive, and subject to the outcome of that assessment, the Co-op may be eligible for support for other future projects under the Commercial Aquaculture Development Scheme of the current Irish Seafood National Programme 2007-2013. However, purchase of the mussel boat will not be eligible for funding as each call for proposals under this scheme specifies that projects must not have commenced before an application is made under that call and acknowledged by BIM.