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New Appeals December 2019 & January 2020
Update re AP1/2019 Deenish - December 2019
Section 56(2)(a) of the Fisheries (Amendment) Act 1997 (the Act) requires that the Board endeavour to determine an Appeal within a period of four months beginning on the date of receipt by the Board of the Notice of Appeal. The Aquaculture Licences Appeals Board (ALAS) was unable to determine this Appeal within that timescale, due to the fact that a stay was ordered by the High Court which prevented ALAS considering and determining the Appeal, pending determination of the proceedings pursuant to which the stay was ordered. The stay was lifted on the 2nd December 2019.
In light of this, the Board reviewed the timescale for determination of this Appeal at its meeting on 101h December 2019. Having done so, the Board hereby gives notice, as provided for in Section 56(3) of the Act, of its intention to determine the Appeal by 30 June 2020
Update re Castlemaine Harbour - December 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 October 2020.
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 AP11/2018 Loughros Beg Bay - September 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 March 2020.
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:
- 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
- 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 – October2019
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 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:
- 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.
- 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:
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 March 2020
Update re AP2&3/2019 Trawbreaga – November 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 July 2020
Update re AP4/2019 Donegal Bay – November 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 July 2020