Pearse Doherty (Donegal South West, Sinn Fein)
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597. To ask the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 798 of 11 June 2013, if he will provide in tabular form the 91 bays-estuaries subject to appropriate assessment under EU rules; the current stage of the assessment for each bay-estuary; the likely time frame for the completion of the assessment in each case; and if he will make a statement on the matter. [31636/13]

Simon Coveney (Cork South Central, Fine Gael)
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The table below lists the ninety one bays/estuaries subject to the Appropriate Assessment process under the EU Birds/Habitats Directives. In excess of 200 marine sites have been designated by the National Parks and Wildlife Service (NPWS) as Special Areas of Conservation (SACs) under the EU Habitats Directive and Special Protection Areas (SPAs) under the EU Birds Directive (‘Natura 2000’ sites). Multiple ‘Natura 2000’ sites are located in some bays and some sites are located offshore and not associated with any particular bay.

The European Court of Justice declared in case C418/04 that, by failing to take all the measures necessary to comply with Article 6(3) of Directive 92/43 (Habitats Directive) in respect of authorisation of aquaculture programmes, Ireland had failed to fulfil its obligations under that Directive.

In the negotiations to address the judgment a process was agreed with the European Commission which would lead to full compliance by Ireland with the relevant EU Directives. This process includes the following steps:

- a detailed data collection in 91 Bays/Estuaries

- detailed analysis of raw data collected

- setting of Conservation Objectives by NPWS in respect of each ‘Natura 2000’ site

- carrying out Appropriate Assessments (by the Marine Institute, on behalf of the Department) on each licence application/fishery plan against the detailed Conservation Objectives set, and

- determination of Licences/Fisheries on the basis of the Appropriate Assessment and other relevant factors.

The data collection programme is substantially complete. Analysis of the data, together with the setting of appropriate conservation objectives by the NPWS, enables all new, renewal and review applications to be appropriately assessed for the purpose of ensuring compliance with the EU Birds and Habitats Directives. This work represents a significant financial, administrative and scientific investment by the State in resolving this issue.

Conservation Objectives had been set for over forty ‘Natura 2000’ sites and Appropriate Assessments are being progressed taking account of the need to facilitate the use of scientific and other resources on a flexible basis across the full range of bays. At present, Appropriate Assessments have been carried on four bays (Castlemaine Harbour, Dundalk Bay, Roaringwater Bay and Lough Swilly). The first aquaculture licence determinations in respect of ‘Natura 2000’ sites have recently been made with over 40 licence determinations being made in respect of applications located in Castlemaine Harbour SAC/SPA.

In parallel with the work done in relation to ‘Natura 2000’ sites significant progress was made in 2012 on licensing in non-Natura areas. 115 licence determinations were made in 2012 and depending on the availability of Appropriate Assessments and other measures it is expected that overall determinations well in excess of this figure will be possible in 2013.

Addressing the issue of aquaculture licensing in Natura 2000 areas is a key priority for my Department and the Deputy can be assured that every effort is being made to expedite the completion of the overall process having regard to all the complexities involved.

TABLE