Written answers

Tuesday, 5 November 2013

Department of Arts, Heritage and the Gaeltacht

Grazing Rights

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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602. To ask the Minister for Arts, Heritage and the Gaeltacht the legal basis on which he is refusing to pay compensation to farmers in the Nephin Beag range and the Maumturks-Twelve Bens range where they can prove there are continuing residual losses over the next five years, due to the destocking imposed by his Department on them which ceased this autumn, as these farmers can only restock their farms by breeding sheep on the hills, as any purchased sheep would not remain on a strange hill; if he is willing to enter negotiations with the farmers affected or their representatives; and if he will make a statement on the matter. [46559/13]

Photo of Jimmy DeenihanJimmy Deenihan (Kerry North-West Limerick, Fine Gael)
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The grazing restrictions that applied until the beginning of this month in the Twelve Bens/Garraun Complex Special Area of Conservation, the Maumturk Mountains Special Area of Conservation and the Owenduff/Nephin Special Protection Area were required to address the ruling of the European Court of Justice in case C-117/00 concerning overgrazing in the habitats of the red grouse and other species. The grazing restrictions, which although difficult to implement and maintain, were delivered in a spirit of co-operation and compliance and have had a positive effect on vegetation recovery. The case was closed in 2009, subject to continued grazing management, and significant fines were avoided.

To assist the farmers in these areas to become compliant with Good Agricultural and Environmental Condition (GAEC) requirement and the Nature Directives through cross compliance requirements, this Department made significant payments, of circa €5 million,between 2006 and 2013. The restrictions have now concluded and it is now a matter for the farmers in question to manage their stock numbers and to ensure that their land is in GAEC. My Department will therefore not be making further payments.

My Department is working with the Department of Agriculture, Food and the Marine with the aim of inclusion of measures in the next Rural Development Programme to support appropriate management of Natura 2000 areas.

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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603. To ask the Minister for Arts, Heritage and the Gaeltacht the restrictions that will apply on Natura 2000 commonage sites in 2014 in relation to farming practices and stock number; the compensation scheme in place to compensate farmers for these restrictions; and if he will make a statement on the matter. [46567/13]

Photo of Jimmy DeenihanJimmy Deenihan (Kerry North-West Limerick, Fine Gael)
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There are no mandatory grazing restrictions currently applying to Natura 2000 commonages, other than the general requirement to maintain the land in Good Agricultural and Environmental Condition (GAEC). GAEC is administered by the Department of Agriculture, Food and the Marine.

In addition, in Natura 2000 sites, the consent of the Minister for Arts, Heritage and the Gaeltacht is required for certain activities knownasNotifiable Actions (NAs),which have the potential to damage or interfere with the ecology of a site. The list of NAs notified to landowners when sites were designated continues to apply. Landowners and users should note that there is no general prohibition on the activities listed but there is a requirement to seek and obtain the consent of the Minister where relevant, before works commence. In practice, such consent should be sought initially from the local conservation ranger.

I understand that it is intended through the commonage review process to indicate stocking levels for commonages that ensure that GAEC is maintained, to protect against undergrazing and overgrazing.

My Department is working with the Department of Agriculture, Food and the Marine to seek appropriate measures in the next Rural Development Plan to support sustainable management of commonages.

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