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Aquaculture Licences Appeals Board

Kilminchy Court
Dublin Road
Portlaoise
Co. Laois R32 DTW5
Tel: (057) 8631912
Email: info@alab.ie

New Appeals 2019

Appeal Reference No

 

Subject Matter of Appeal

 

Appellant

Board Decision and Date

 

AP2-2019 (pdf 1,113Kb)    

Appeal against the decision of the Minister for Agriculture, Food and the Marine to grant a licence variation on Aquaculture and Foreshore Licences for the cultivation of Pacific Oysters to Derek Diver at Site Ref T12/345A/1 Trawbreaga Bay, Co. Donegal

 

 

 Derek Diver

 

In accordance with Section 45(1) a person who is not a party may make submissions or observations in writing to the Board in relation to an appeal. Such submissions or observations may be made on or before 22 August 2019, being the period of one month beginning on the day on which the Board last received a notice of appeal. As provided for in Section 45(2) any submissions or observations received by the Board after the expiration of this period shall not be considered by it.

 

Appeal Reference No

 

Subject Matter of Appeal

 

Appellant

Board Decision and Date

 

AP3/2019 (pdf 1,251Kb)      

Appeal against the decision of the Minister for Agriculture, Food and the Marine to grant a licence variation on Aquaculture and Foreshore Licences for the cultivation of Pacific Oysters to Derek Diver at Site Ref T12/492A Trawbreaga Bay, Co. Donegal

 

 

 Derek Diver

 

In accordance with Section 45(1) a person who is not a party may make submissions or observations in writing to the Board in relation to an appeal. Such submissions or observations may be made on or before 22 August 2019, being the period of one month beginning on the day on which the Board last received a notice of appeal. As provided for in Section 45(2) any submissions or observations received by the Board after the expiration of this period shall not be considered by it.

 

Update re AP1/2019 Deenish - July 2019

Judicial Review proceedings have been taken by the Applicant against the Minister's Determination. As part of the grant of leave to apply for Judicial Review, the Court granted a Stay on ALAB considering and determining the Appeal in respect of the Minister's Determination, pending determination of the proceedings.

Accordingly, no steps shall be taken by ALAB to consider or determine the Appeal until such time as the Stay has been lifted.

Update re AP47/2019 Mulroy Bay - June 2019

The Board determined at its meeting on 15 May 2019, pursuant to Section 40 (4) (a) of the Act, to CONFIRM the decision of the Minister made on 5 October 2018 to grant an aquaculture licence to NorthWest Shellfish Ltd, Upper Carrick, Carrigart, Letterkenny, Co Donegal Site Ref T12/203 for the cultivation of scallops on a site in Mulroy Bay, Co Donegal.

Update re Castlemaine Harbour - January 2019

As provided for in Section 56(3) of the Fisheries (Amendment) Act 1997, the Board has extended the time that the Appeals will be determined to 28 February 2020.

Update re AP12/2018 Broadhaven Bay - January 2019

As provided for in Section 56(3) of the Fisheries (Amendment) Act 1997, the Board has extended the time that the Appeals will be determined to 31 December 2019.

Update re AP45/2018 Bank Harbour - January 2019

As provided for in Section 56(3) of the Fisheries (Amendment) Act 1997, the Board has extended the time that the Appeals will be determined to 28 February 2020.

Update re AP46/2018 Clogga Bay - June 2019

The Board determined at its meeting on 15 May 2019, pursuant to Section 40 (4) (a) of the Act, to CONFIRM the decision of the Minister made on 16 October 2018 to grant an Aquaculture to Irish Mussel Seed Co Ltd., Site Ref T32/27 for the collection of mussel spat using longlines on a site on the foreshore in an area on the foreshore between Clogga Bay and Kilmichael Point, Co Wicklow

Update re AP10/2018 Loughros Beg Bay - December 2018

As provided for in Section 56(3) of the Fisheries (Amendment) Act 1997, the Board has extended the time that the Appeals will be determined to 30 September 2019.

Update re AP11/2018 Loughros Beg Bay - December 2018

As provided for in Section 56(3) of the Fisheries (Amendment) Act 1997, the Board has extended the time that the Appeals will be determined to 30 September 2019.

Update re AP7/1/2018 Bannow Bay - June 2019

The Board determined at its meeting on 15 May 2019, pursuant to Section 40 (4) (a) of the Act, to CONFIRM the decision of the Minister made on 29 June 2018 to refuse to grant an aquaculture licence to Hook Head Shellfish Ltd for the cultivation of oysters at site reference on site reference T3/87A in Bannow Bay, Co. Wexford.

AP7/2/2018 Bannow Bay - June 2019

The Board determined at its meeting on 15 May 2019, pursuant to Section 40 (4) (a) of the Act, to CONFIRM the decision of the Minister made on 29 June 2018 to refuse to grant an aquaculture licence to Fitzpatrick Oysters Ltd for the cultivation of oysters at site reference on site reference T3/88A, B & C in Bannow Bay, Co. Wexford.

AP7/3/2018 Bannow Bay - June 2019

The Board determined at its meeting on 15 May 2019, pursuant to Section 40 (4) (a) of the Act, to CONFIRM the decision of the Minister made on 4 July 2018 to refuse to grant an aquaculture licence to SBS Ltd for the cultivation of oysters at site reference on site reference T3/86A, B & C in Bannow Bay, Co. Wexford.

Update re AP8/2018 Bannow Bay - June 2019

The Board determined at its meeting on 15 May 2019, pursuant to Section 40 (4) (a) of the Act, to CONFIRM the decision of the Minister made on 25 July 2018 to refuse to grant an aquaculture licence to AG Oysters Ltd for the cultivation of pacific oysters at site reference on site reference T3/96 in Bannow Bay, Co. Wexford.

Update re AP2/1 - 14/2015 Shot Head – June 2019  

In respect of these Appeals, notice has been given to all parties, in accordance with Regulation 42(8) of the European Communities (Birds and Natural Habitats) Regulations 2011 as amended (“2011 Regulations”), that ALAB has determined that an Appropriate Assessment, as referred to in Article 6(3) of the Habitats Directive (Council Directive 92/43/EEC of 21 May 1992, as amended), is required for the project.

Independent Appropriate Assessment screening commissioned by ALAB has concluded that, based on a preliminary assessment and objective criteria, it is not possible to rule out potential significant adverse impacts resulting from the installation of the proposed salmon farm in respect of selected nearby SPAs and their associated bird species of conservation interest (SCI).

The specific SCIs and Natura sites of concern are: Fulmar (Beara Peninsula SPA, Iveragh Peninsula SPA, Deenish Island and Scariff Island SPA), Gannet (The Bull and The Cow Rocks SPA and Skelligs SPA) and Guillemot (Iveragh Peninsula SPA).

The Appropriate Assessment screening report determined that:

  1. The proposed development of aquaculture sites within Bantry Bay will result in the loss of 42.5 ha of inshore habitat that could potentially be used by the abovementioned SCIs for feeding, and

  2. cumulative impacts have been identified that may, in combination with the above development, exacerbate further the impacts on the SCIs. They include additional fish farms in the area (elsewhere in Bantry Bay) and associated levels of disturbance.

ALAB has directed that a Natura Impact Statement as defined in Regulation 2(1) of the 2011 Regulations (“NIS”) is required. ALAB has directed that the NIS is to be furnished by the Applicant for consent for the project the subject of this appeal within 3 (three) months of the date of the notice, that is by 21 September 2019.

A copy of ALAB's Appropriate Assessment Screening report is available at: http://www.alab.ie/boarddeterminations/2015/scheduleofdocuments/

As provided for in Section 56(3) of the Fisheries (Amendment) Act 1997, the Board has extended the time that the Appeal will be determined to 31 March 2020.

Update re AP6/2018 Dunmanus Bay – June 2019

As provided for in Section 56(3) of the Fisheries (Amendment) Act 1997, the Board has extended the time that the Appeal will be determined to 31 December 2019.

 

Update re AP1/2017 & AP6/2017 Braade Strand -June 2019

In respect of these Appeals, notice has been given to all parties, in accordance with Regulation 42(8) of the European Communities (Birds and Natural Habitats) Regulations 2011 as amended ("2011 Regulations"), that the Aquaculture Licences Appeals Board ("ALAB") has determined that an Appropriate Assessment, as referred to in Article 6(3) of the Habitats Directive (i.e. Council Directive 92/43/EEC of 21 May 1992 as amended), is required for the project the subject of the above appeal for the following reasons:

Independent Appropriate Assessment screening commissioned by ALAB has concluded that, based on a preliminary assessment and objective criteria, it is not possible to rule out potential significant adverse impacts resulting from the proposed oyster farming activity in respect of selected nearby SPAS and their associated bird species of conservation interest (SCI). The specific SCIs and Natura sites of concern are: Common Gull of the West Donegal Islands and Inishbofin, Inishdooey and Inishbeg SPAS and the Lesser Black-backed Gull of the Inishbofin, Inishdooey and Inishbeg SPA. The Appropriate Assessment screening report determined that:

  1. The proposed development of aquaculture sites within Gweedore Bay will result in the loss of 58 ha of intertidal habitats potentially used by the abovementioned SCIs for feeding and/ or roosting.
  1. Several cumulative impacts have been identified that, in combination with the proposed development, may further exacerbate impacts on the SCIs. These include:

a. Additional proposals for aquaculture development (largely oyster cultivation) elsewhere and in relatively close proximity to the Gweedore Bay aquaculture sites;

b. High levels of recreational disturbance which, if not regulated, may temporarily or even permanently displace the SCIs from the area; and

c. Sea and river angling which could potentially affect prey availability, especially for Lesser Black-backed Gull which is reliant on fish prey.

ALAB has directed that a Natura Impact Statement as defined in Regulation 2(1) of the 2011 Regulations ("NIS") is required. ALAB has directed that the NIS is to be furnished by the Applicant for consent for the project the subject of this appeal within 3 (three) months of the date of the notice (23 September 2019).

A copy of the Independent Appropriate Assessment Screening report is available on the Department website at the following link:

http://www.alab.ie/media/alab/content/boarddeterminations/2017/ScreeningStageAssessmentBraadeFinal20190421.pdf

As provided for in Section 56(3) of the Fisheries (Amendment) Act 1997, the Board has extended the time that the Appeal will be determined to 31 March 2020

Update re AP9/2018 Ballymacoda Co Cork - June 2019

As provided for in Section 56(3) of the Fisheries (Amendment) Act 1997, the Board has extended the time that the Appeal will be determined to 31 December 2019


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