Tom Fleming (Kerry South, Independent)
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Question 272: To ask the Minister for Agriculture, Fisheries and Food if Castlemaine Harbour, County Kerry, will be opened to the sourcing of mussel seed in 2011 prior to the seed being destroyed by predators; and if he can provide a date for this reopening. [13257/11]

Simon Coveney (Cork South Central, Fine Gael)
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Castlemaine Harbour area is a designated Special Area of Conservation under the EU Habitats Directive and a Special Protection Area under the EU Birds Directive. This highly protected environmental status requires that before the mussel seed fishery in Castlemaine Harbour can be opened, the fishery must be subject to an appropriate assessment of its potential to impact on the conservation objectives for the site and any necessary mitigating measures taken. The European Communities (Habitats and Birds) (Sea-fisheries) Regulations 2009 (S.I. 346 of 2009) set out the statutory procedure for this process.

On 7 April 2011, I received the draft Fisheries Natura Plan for Castlemaine Harbour required by the Regulations. The Plan was drafted by the Secretariat of the Bottom Grown Mussel Consultative Forum, in consultation with industry members in the Castlemaine Harbour area, the Committee of Management of the Castlemaine Harbour Co-operative Society Limited and Bord Iascaigh Mhara. On receipt, I Immediately forwarded the Plan to the Marine Institute for appropriate assessment, in accordance with the Regulations. I received the completed Appropriate Assessment Report from the Marine Institute on 4 May 2011. Again, as required by the Regulations, I immediately published the Plan and Appropriate Assessment Report for public consultation. I am required to allow one month for this consultation and so the closing date for receipt of submissions is set for 6 June 2011.

Following the completion of the public consultation I am required to consider the plan, Appropriate Assessment Report and all public submissions before reaching my statutory decision on whether the fishery can open and under what conditions, if any. I expect to make that decision during the month of June. As in previous years, a technical advisory committee will be convened to consider the Plan, Appropriate Assessment Report and public submissions and to make recommendations to me. This Committee will comprise representatives of fishermen in Castlemaine Harbour, environmental NGOs, Bord Iascaigh Mhara, the Marine Institute and the Sea Fisheries Protection Authority and will be chaired by my Department. The Committee is scheduled to meet on 10 June. I will make a decision on a Fisheries Natura Plan having taken full consideration of all the submissions made and the views of the Technical Advisory Committee as early as possible.

The Spring seed mussel fishery nationally is scheduled is close on 31 May, as recommended to me by the Bottom Grown Mussel Consultative Forum, which includes considerable industry representation. The Forum recommended to me that the fishery should open again on 19 August for the main fishery. However, if there is evidence of a significant threat of predation on the seed before that date, I will consider the advice of the Forum on the desirability of an earlier opening.