Martin Ferris (Kerry North-West Limerick, Sinn Fein)
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12. To ask the Minister for Agriculture, Food and the Marine the reason for delay in processing licences for oyster and salmon farmers whose livelihood is threatened by lack of current, appropriate licensing. [53106/13]

Simon Coveney (Cork South Central, Fine Gael)
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The delay in processing these applications has arisen for a number of reasons, primarily the location of aquaculture operations in Natura 2000 areas.

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 the National Parks and Wildlife Service (NPWS) in respect of each site;

- carrying out Appropriate Assessments of 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, will enable 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 in relation to a significant number of bays and Appropriate Assessments have been carried in five bays (Castlemaine, Dundalk, Lough Swilly, Donegal Bay and Roaringwater). I am pleased to inform the Deputy that as a result of the above process I have made aquaculture licence Determinations in respect of applications in Castlemaine. A number of licensing determinations in respect of Roaringwater Bay have been made and others are imminent at this time.

My Department continues to make every effort to expedite the determination of aquaculture licence applications having regard to the need to comply with all relevant national and EU legislation.