Brendan Griffin (Kerry South, Fine Gael)
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122. To ask the Minister for Agriculture, Food and the Marine the progress that has been made on issuing a licence for mussel farming (details supplied) in County Kerry; and if he will make a statement on the matter. [2914/15]

Simon Coveney (Cork South Central, Fine Gael)
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The aquaculture licence referred to by the Deputy is in respect of mussel farming located in Kenmare Bay. Kenmare Bay is designated as a Special Area of Conservation under the EU Habitats Directive (Natura 2000 site). My Department is constrained by European law from issuing or renewing aquaculture licences for sites located within Natura 2000 areas (areas protected under the EU Birds/Habitats Directives) until such time as an ‘Appropriate Assessment’ has been conducted to assess the potential of the proposed aquaculture activities on the conservation objectives for that Natura site. The licensing process must take full account of the outcome of that assessment in reaching a determination on any particular licence application.

My Department, 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 major programme to gather the necessary baseline data appropriate to the conservation objectives of aquaculture sites located within designated Natura areas, including Kenmare Bay.

The Appropriate Assessment process has now been completed by the Marine Institute in respect of the Bay.

My Department is currently examining the outcomes of the Appropriate Assessment with a view to formulating policy recommendations in respect of individual licences held by operators in Kenmare Bay. Such policy recommendations will take account of all national and EU legislative requirements and will reflect engineering, scientific, environmental, legal and public policy aspects of each licence application. This process which is very detailed in nature is ongoing.

Aquaculture operations (including the application referred to) that are covered by section 19A (4) of the Fisheries (Amendment) Act 1997 may continue to operate pending a final determination in each case. This allows aquaculturists who have submitted valid renewal applications to continue aquaculture activities, subject to the terms and conditions of the old licence, pending a decision on the renewal application.

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