Michael Ring
Ceist:311 Mr. Ring asked the Minister for Arts, Heritage Gaeltacht and the Islands if any appeal has been lodged on the SAC-NHA designation of the Clew Bay area in County Mayo; and if so, the current position in this regard. [26937/00]
Written Answers. - Special Areas of Conservation.
I have looked into this matter and found that an appeal was submitted to local Dúchas officials in County Mayo in respect of Clew Bay. The area under appeal is being examined and it has not yet been determined whether or not it may be acceded to.
If Dúchas is unable to accede to the appeal, the appellant may then have the matter referred to the SAC appeals advisory board.
Michael Ring
Ceist:312 Mr. Ring asked the Minister for Arts, Heritage Gaeltacht and the Islands if an in-depth study was carried out to ascertain the effects on industry of the designation of the Clew Bay area of County Mayo as an SAC-NHA. [26938/00]
Michael Ring
Ceist:313 Mr. Ring asked the Minister for Arts, Heritage Gaeltacht and the Islands if she will reconsider the designation of the Clew Bay area as an SAC-NHA or even to exclude parts of the bay in view of the affect the designation has on other industries such as shellfish. [26939/00]
I propose to take Questions Nos. 312 and 313 together.
The EU Habitats Directive (92/43/EEC) requires member states to select SAC sites on the basis of scientific criteria. Article 2 (3) of the directive states that the implementation of the directive shall take account of economic, social and cultural requirements and regional and local characteristics. However, Article 4(1) of the directive requires the member states to propose a list of sites for SAC designation on the basis of the criteria set out in annex III of the directive, that is on a scientific basis.
The recent European Court of Justice judgment, cm/68/371/98, arising from a UK court case, found that "Member States may not take account of economic, social and cultural requirements or regional and local characteristics, as mentioned in Article 2(3) of that directive, when selecting and defining the boundaries of the sites proposed to the Commission as eligible for identification as sites of Community importance".
Accordingly, my Department could not take account of the possible economic impact of the designation on industry located in Clew Bay when determining if the area would be proposed for designation and, therefore, has not carried out such a study.
Clew Bay was proposed for SAC designation because it contains eight habitats listed in the Habitats Directive and hosts two listed species, the otter and common seal. In addition, the proposed natural heritage area designation also takes account of fauna and flora not listed in the directive.
Activities or operations that have no significant adverse impact on the habitats and species listed in the directive will not be affected in any way by SAC designation. Any that are found to cause significant damage to these habitats and species will have to be regulated to ensure the favourable conservation status of the site is maintained.