Written answers

Tuesday, 30 September 2014

Department of Agriculture, Food and the Marine

Special Areas of Conservation Designation

Photo of Thomas PringleThomas Pringle (Donegal South West, Independent)
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233. To ask the Minister for Agriculture, Food and the Marine when the appropriate assessment for Rutland natura site, County Donegal, will be completed and the conservation objectives set in order to allow aquaculture licence applications to proceed; and if he will make a statement on the matter. [36561/14]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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Rutland Island and Sound is designated as a Special Area of Conservation (SAC) under the EU Habitats Directive. 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.

My Department has been working closely with the Marine Institute, Bord Iascaigh Mhara (BIM) and NPWS to achieve full compliance through a multi-annual work programme.

Conservation Objectives have been set for Rutland Island and Sound SAC. The next step in the process is the carrying out of an Appropriate Assessment by the Marine Institute. This is 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.

The average timeframe for processing each particular application varies depending on location, species, scale and intensity of production, statutory status of sites, potential visual impact etc. Other factors include consideration of any submissions or observations raised during the public consultation period.

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

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