Gerry Adams (Louth, Sinn Fein)
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Question 698: To ask the Minister for Agriculture, Food and the Marine if he will consider the situation of a person (details supplied) in County Louth who has expressed concerns regarding the special protection area in Dundalk Bay and the effect it will have on the person's livelihood from the gathering of seed mussels and winkles; and if he will make a statement on the matter. [41039/11]

Simon Coveney (Cork South Central, Fine Gael)
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Following a European Court of Justice judgement against Ireland in relation to non-compliance with the Habitats and Birds Directives, all marine Special Areas of Conservation and Special Protection Areas are being 'Appropriately Assessed' as provided for in those Directives as part of a major multi-annual project to achieve full compliance with the Directives and to comply with the ECJ judgement.

Dundalk Bay underwent Appropriate Assessment during 2011. As part of this Assessment, all fishing and aquaculture activities within the Bay were assessed for potential impact on the protected habitats and species within the SAC/SPA. The Assessment of fishing activities was based on a Fishery Plan prepared by fishing interests in Dundalk Bay, with the assistance of BIM. The Appropriate Assessment concluded that there was a possibility of mussel fishing impacting on certain bird species of special conservation interest in this site. It concluded that this potential impact could not be fully assessed on the basis of the information available in the Fishery Plan and that more detail would be required on the duration, frequency and intensity of this fishery to determine if the potential risk could be discounted. As the risk from mussel fishing to protected species could not be discounted, I was obliged in accordance with the Habitats and Birds Directives to prohibit this fishery by law.

However, mussel fishing in Dundalk Bay was already prohibited since 2008 under the European Communities (Control on Mussel Fishing) Regulations 2008 – S.I. 347 of 2008, as amended. That closure was put in place in 2008 on a precautionary basis pending the Appropriate Assessment.

It is open to fishermen wishing to engage in mussel fishing in Dundalk Bay to submit the additional information identified above to my Department and to request that the potential impacts of the fishery be re-assessed in light of that data.

The present prohibition on mussel fishing in Dundalk Bay extends landwards of an imaginary line drawn from Giles Quay southwards to the eastern side of the slipway at Corstown Bridge, both in County Louth. This area encompasses the entirety of boxes 1634C, 1704A 1954D, and 1955C, the majority of box 1704B and a small part of box 1955D. Box 2014B is not presently closed to mussel fishing. However, that situation is being reviewed to ensure consistency with the SAC/SPA boundaries.

My Department does not currently require persons gathering periwinkles by hand to have any particular fishing licence. However, because of its potential impact on the SPA, persons wishing to engage in this activity would be required to notify the local National Parks and Wildlife Ranger.