Marian Harkin (Sligo-Leitrim, Independent)
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599. To ask the Minister for Agriculture, Food and the Marine if he will use his powers under Section 7b (2) of the Forestry Act before 1st March 2023 to retrospectively amend the conditions of any relevant previously issued unexpired and unexercised licences to amend the dates so that they recognise the Hen Harrier breeding period to start on the 1 March of any given year with a concomitant increase in the period of protection for this threatened species given the change (based on expert ornithological advice) in the officially recognised start of the Hen Harrier breeding period from 1 April to 1 March; and if he will make a statement on the matter. [45892/22]

Charlie McConalogue (Donegal, Fianna Fail)
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An appeal decision was taken by the Forestry Appeals Committee in February 2022.  My Department officials defended licences which included restricting activity during the Hen Harrier Breeding season from the 1^stApril to 15^thAugust.

At the appeal hearing a UK ornithology expert, Dr Alan Fielding, was called on behalf of the FAC to deal with the cases before the FAC, in relation to the birds of prey issues. 

Dr Fielding concluded in his report that “The current hen harrier breeding season restriction of April 1st to mid August may not take account of potential disturbance early in the hen harrier breeding season. It is suggested that the current restriction of operations period should be extended from March 1st to August 15th.”

Dr Fieldings report states that his “comments should be interpreted as applying specifically to the appeals considered”.

While my Department immediately accepted the appeal result and implemented the FAC decision for these cases, clarification was sought as to whether a change in procedures more generally should apply.  Advise was sought from the Department of Housing Local Government and Heritage (DCHLG) on the matter.  Experts there were forwarded Dr Fieldings report and findings and asked if the change to March 1^strestriction should apply more generally to all sites following the FAC decision.

In their response DCHLG stated that  “As the stated range (as per Huxley et al 2013) for the period of site occupation and display is late February to late May, NPWS supports Dr Fielding’s position about the potentiality of disturbance impacting on Hen Harrier individuals immediately before or during the breeding season and, by extension, potentially impacting on the Hen Harrier SPAs’ breeding populations. Without a full review of all relevant data that has been collected in Ireland in recent years, it is challenging, particularly in isolation of examining other associated factors relevant to the Red Area procedure (and indeed its implementation on the ground), to define a precise cut-off date where the risk of significant impact on the sites’ breeding populations begins.”

Despite the absence of a recommendation from the DHLGH around a precise date but taking into account the well-considered assessment by DCHLGH of Dr fieldings report, DAFM decided that all relevant licences, that would normally have been subject to a Hen Harrier timing restriction starting 1^stApril will from FAC decision date forward have the restriction starting 1^stMarch.

I will use my powers under the Forestry Act to amend any relevant licence that has issued since the date of the FAC decision that has not already been varied.  I will not be revisiting all licences that predate the FAC decision.