Martin Ferris (Kerry North-West Limerick, Sinn Fein)
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305. To ask the Minister for Agriculture, Food and the Marine the position regarding an application for an oyster licence in respect of a person (details supplied) in County Kerry. [2803/15]

Simon Coveney (Cork South Central, Fine Gael)
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The application for an aquaculture licence referred to by the Deputy is in respect of a site located in Castlemaine Harbour, which is designated as a Special Area of Conservation under the EU Habitats Directive and a Special Protection Area under the EU Birds Directive (Natura 2000 site).

All applications in ‘Natura’ areas are required to be appropriately assessed for the purpose of environmental compliance with the EU Birds and Habitats Directives. My Department, in conjunction with the Marine Institute and the National Parks and Wildlife Service (NPWS) is engaged in a comprehensive programme of gathering the necessary baseline data appropriate to the Conservation Objectives of ‘Natura’ areas. This data collection programme is substantially complete. This is followed by data analysis and the setting of appropriate Conservation Objectives by the NPWS. Once this process is complete all new, renewal and review aquaculture applications can be appropriately assessed for the purpose of ensuring compliance with the EU Birds and Habitats Directives.

The Appropriate Assessment of Castlemaine Harbour has been completed and the relevant licensing determinations have been made based on applications to hand at the time of the assessment.

The specific applications referred by the Deputy were submitted to my Department subsequent to the carrying out of the Appropriate Assessment process for this harbour. Accordingly, it was not possible to assess these applications against the designated Conservation Objectives for the harbour.

The optimum method for appropriately assessing applications by individual operators, who are not included in the initial overall assessment procedure, is under consideration by my Department. The process must comply with best scientific practice and be achieved in a manner which will be acceptable to the national authorities and to the EU Commission.

In the meantime, the assessment procedures agreed with the EU Commission require Appropriate Assessments in respect of aquaculture activities to be carried out by the national authorities and unilateral departure from these arrangements is not possible.

Every effort is being made to expedite the conclusion of this matter as soon as possible.

Martin Ferris (Kerry North-West Limerick, Sinn Fein)
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306. To ask the Minister for Agriculture, Food and the Marine if an applicant for an oyster licence can assist the application process by engaging appropriate professional expertise to carry out an appropriate assessment of the relevant area. [2804/15]

Simon Coveney (Cork South Central, Fine Gael)
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The majority of areas for which aquaculture licences, including oyster licences, are sought are designated as Special Areas of Conservation under the EU Habitats Directive and/or Special Protection Areas under the EU Birds Directive (Natura 2000 sites). 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 the 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.

Accordingly, in the case of aquaculture sites located within Natura 2000 areas the Department of Agriculture, Food and the Marine in conjunction with the Marine Institute and the National Parks and Wildlife Service (NPWS) of the Department of Arts, Heritage and the Gaeltacht, has engaged in a comprehensive programme to gather the necessary baseline data appropriate to the conservation objectives of these areas. This process has been largely completed. This comprehensive data collection programme, 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. The Appropriate Assessment of aquaculture applications is being dealt with on a bay-by-bay basis.

As indicated, the Appropriate Assessment of aquaculture is being carried out in accordance with the Roadmap agreed with the European Commission. The process must comply with best scientific practice and be achieved in a manner which is acceptable to the national authorities and to the EU Commission. At present the assessment procedures agreed with the EU Commission require such Appropriate Assessments to be carried out by the national authorities and unilateral departure from these arrangements is not possible.