Holly Cairns (Cork South West, Social Democrats)
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246. To ask the Minister for Agriculture, Food and the Marine the protections that are in place to preserve the nests of rare birds during nesting season when felling licences are being granted. [33175/22]

Charlie McConalogue (Donegal, Fianna Fail)
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The Department of Agriculture, Food & the Marine (DAFM) is Ireland’s national forest authority. The Felling and Reforestation Policy document (www.gov.ie/en/publication/19b8d-tree-felling-licences) aims to provide a consolidated source of information on the legal and regulatory framework relating to tree felling.

Environmental legislation, such as the Habitats Directive and the Birds Directive, has led to strengthened controls on forestry operations, ensuring that important environmental considerations are fully taken into account by the Department during the assessment of individual felling licence applications. This has included a greater focus on consultation with relevant bodies, the application of various protocols and procedures (including the Forest Service Appropriate Assessment Procedure), and the requirement for applicants on occasion to provide further information (e.g. a Natura Impact Statement).

The Habitats and Birds Directives are transposed into Irish law by (inter alia) the European Communities (Birds & Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011). As required under the Habitats Directive and as set out under S.I.477 of 2011, on receipt of an  application for a felling licence, the Department must undertake screening to assess whether or not the project is likely to have a significant effect on a Special Area of Conservation or Special Protection Area, either individually or in combination with other plans or projects, in view of both the conservation objectives of that European site (available at www.npws.ie/protectedsites/) and best scientific knowledge.

If a significant effect is likely, or where uncertainty exists, the Department must either seek a Natura Impact Statement (NIS) from the applicant or carry out an Appropriate Assessment Report itself. Subsequently, the Department will undertake an Appropriate Assessment Determination, primarily to gauge the nature of the impact and the effectiveness of any avoidance or mitigation measures proposed, in order to avoid adverse effects on the integrity of a European site.

Screening for appropriate assessment, and the appropriate assessment itself, must both be carried out in accordance with Regulation 42 of the European Communities (Birds & Natural Habitats) Regulations 2011. When carrying out the appropriate assessment (if required), the Department must include a determination under Article 6(3) of the Habitats Directive as to whether the project would adversely affect the integrity of the Natura site. The assessment carried out under Article 6(3) cannot have any deficiencies or data/information gaps, and must contain complete, precise and definitive findings and conclusions capable of removing all reasonable scientific doubt as to the effects of a project on the European site.The Department can approve the application only after it has ascertained – either at screening or at appropriate assessment – that the project will not significantly affect the integrity of the Natura site. 

The Department recognises its responsibilities regarding the conservation of rare birds such as the Hen Harrier, and is fully engaged in the development of the Threat Response Plan, led by the National Parks & Wildlife Service, Department of Housing, Local Government & Heritage. We are supplied with geographical location information on High Likelihood of Nesting Areas (HLNAs) from the NPWS, in order to underpin the application of its procedures, which have been developed to avoid disruption to breeding Hen Harrier within designated SPAs arising from certain forestry operations. The HLNA information layer is fully integrated into iFORIS and the QGIS system used by Ecologists involved in assessing applications.

On a case-by-case basis, where the Department becomes aware of the presence of a roost site "through referral responses from NPWS, submissions from third parties or other means" - the Department attaches appropriate conditions to the licence and / or grant approval, if issued.