25 Jan 2022
Includes Appendix on Concerns regarding the Appropriate Assessment of aquaculture activitives in marine SACs and potential impact on Atlantic salmon, and response letter from Minister McConalogue (29 March 2022)
Three Section 4 discharges from fish farms on this river, causing elevated ammonia concentrations.
Pollmounty Fish Farm and associated dam and fish-pass, located on the Pollmounty River (tributary of the Barrow), Co. Wexford.
There are two fish farms which have contributed to elevated concentrations of ammonia in these two rivers
GOLDEN GROVE STREAM_020
Aquaculture has been identified as a significant pressure in two river waterbodies, Golden Grove. Stream_020 and Bunow_020. There are two fish farms which have contributed to elevated
concentrations of ammonia in these rivers.
Note: above data is dated, accurate mapping and stocking levels required
AIE Internal Review
Received with thanks to Billy Smyth, Chairman, Galway Bay Against Salmon Cages
Reports to the Marine Institute of high farmed salmon mortalities on any Irish salmon farm installations between 1st January 2021 to the present day
If the answer to the above question is yes, please answer the following questions.
When and on what salmon farms did the mortalities occur?
How many mortalities occurred on each salmon farm?
How many farmed salmon were on each farm when the mortalities occurred?
What was the reason for the mortalities?
How and where were the mortalities disposed of?
Galway Bay Against Salmon Cages request the following information under Access to Information on the Environment Regulations (AIE) Aarhus Convention 2007 to 2014.
Were there any reports to the Marine Institute of high farmed salmon mortalities on any Irish salmon farm installations between 1st January 2021 to the present day?
If the answer to the above question is yes, please answer the following questions.
When and on what salmon farms did the mortalities occur? Please supply details.
How many mortalities occurred on each salmon farm? Please supply details.
How many farmed salmon were on each farm when the mortalities occurred? Please supply details.
What was the reason for the mortalities? Please supply details.
How and where were the mortalities disposed of? Please supply details.
Please reply by email as soon as possible please.
Chairman, Galway Bay Against Salmon Cages,
The Marine Institute does not hold records of the number fish involved in each mortality event. Mortalities are reported to the Marine Institute as percentage values. This information has been released.
The Marine Institute does not hold records relating to the number of salmon held on the salmon farms at the time the mortality events occurred.
The Marine Institute does not hold any records relating to the disposal of mortalities from salmon farms.
THE HIGH COURT
RECORD NO. 2018/740JR
AN BORD PLEANÁLA
FIRST NAMED RESPONDENT
IRELAND AND THE ATTORNEY GENERAL
SECOND NAMED RESPONDENT
BRADÁN BEO TEORANTA
GALWAY COUNTY COUNCIL
JUDGMENT of Ms. Justice Niamh Hyland delivered on 6 December 2021
Nature of Dispute
Judgment of 15 January 2021
Events post Judgment
“i. The purpose and provisions of the Water Framework Directive (WFD) apply to all waters including surface waters and groundwaters (Article 1 (Purpose) and Article 2 (Definitions).
ii. The basic unit of reporting used in the Directive is known as a water body. Water bodies are used to report on compliance with the main environmental objectives of the Directive.
iii. The Directive requires member states to identify water bodies (defined in Article 2(10)) as part of the analysis of the characteristics of the river basin districts (Article 5 and Annex II).
iv. The EPA is the competent authority in Ireland for identifying water bodies under the WFD (Article 7, SI No. 722 of 2003. European Communities (Water Policy) Regulations).
v. The European Commission produces guidance to support member states in implementing the WFD requirements. Guidance Document No. 2 relates to the Identification of Water Bodies
vi. Guidance Document No. 2 recognises that the identification of all surface waters as discrete water bodies would place a very significant burden on member states.
vii. The guidance states that member states have flexibility to decide whether the purposes of the Directive, which apply to all surface waters, can be achieved without having to identify as a water body every minor but discrete and significant element of surface water (Section 3.5 of Guidance Note 2).
viii. For lakes, the Directive requires all lakes larger than 50 hectares (0.5km2) in surface area to be identified as a WFD water body (Article 5, Annex 2 (1.2.2)).
ix. For lakes smaller than this threshold, member states may decide to include these as WFD water bodies if they are significant in the context of the Directive’s purposes and provisions (e.g. ecologically important, important to the objectives of a protected area (as listed in Annex 5 of the Directive) or having a significant adverse impact on other surface waters).
x. These principles were applied by the EPA and the River Basin District Coordinating Authorities to the selection of lake water bodies in Ireland (see Characterisation Report at link below). All lakes greater than 50 hectares in size and smaller lakes in protected areas (Special Areas of Conservation or areas used for drinking water abstraction) were identified as WFD water bodies.
xi. There are an estimated 12,000 lakes in Ireland ranging in size from small ponds to our largest lakes such as Lough Conn and Lough Derg. The EPA has identified 800 lakes WFD lake water bodies.
xii. Loch an Mhuilin is not an identified WFD water body as it does not meet the criteria in relation to surface area or being located in a protected area and therefore the EPA does not determine a status for it.
xiii. For elements of surface water not identified as a WFD water body the basic protection measures listed in Article 11 of the Directive apply (Section 3.5 of Guidance Note 2).
Reopening a Judgment of the High Court
“I also agree that the formulation suggested by Rix L.J. in Cie Noga D’Importation et D’Explortation SA (as approved by May L.J. in Robinson v. Fernsby) is a more appropriate description of the relevant test. In those circumstances, it seems to me that, in order for the court to exercise its jurisdiction to revisit a question after the delivery of either an oral or written judgment, it is necessary that there be “strong reasons” for so doing.”
“3.12…the new materials must be such that same would probably have an important influence on the result of the case, even if not decisive, and be credible. In addition, such new evidence will not ordinarily be permitted to be relied on if the relevant evidence could, with reasonable diligence, have been put before the court at the trial.”
“27. …it does not appear, with respect that it can be said that there is a clear determination in this jurisdiction as to whether the High Court if asked to revisit an issue already decided in a written judgment but before the relevant order is perfected must be satisfied that there are “exceptional circumstances” or “strong reasons” which warrant it doing so. It may be that nothing turns on either phraseology.”
The jurisdiction exercised by the appellate courts in reopening cases, by virtue of their constitutional positions, may be closer to the stricter “exceptional circumstances” formulation of the McInerney test than to the alternative “strong reasons” test.
Decision to Re-open
Relevant Findings of Facts
National Provisions/National Case Law
Decision to Make a Preliminary Reference
Submissions of the Parties on Questions to be Referred
Questions to be Referred
If the answer to question 1(a) is yes, can a competent authority for the purposes of development consent grant development consent for a project that may affect the water body prior to it being categorised and classified?
If the answer to question 1(a) is no, what are the obligations on a competent authority when deciding upon an application for development consent that potentially affects a water body not characterised and/or classified?
The PRTR Intensive livestock production and aquaculture sector includes the following activities:
(a) Installations for the intensive rearing of poultry or pigs
(i) With 40 000 places for poultry;
(ii) With 2 000 places for production pigs (over 30 kg);
(iii) With 750 places for sows.
(b) Intensive aquaculture with a production capacity of 1 000 tonnes of fish or shellfish per year.
Aquaculture data has been provided via special request, by the Department of Agriculture, Food and the Marine for reporting on aquaculture activities under Ireland’s Marine Strategy Framework Directive article reporting. Aquaculture sites include shellfish, finfish and seaweed as monitored for licensing purposes. Data has been displayed by the theme, Shellfish By Culture Type and By Species Type; Finfish By Culture Type and By Species Type; Seaweed By Culture Type and By Species Type. Aquaculture sites are updated periodically.
Fishery order areas are assigned to local co-operatives or private individuals through Fishery Orders (under the 1959 Fisheries (Consolidation) Act (no. 14 of 1959)). Aquaculture is licensed under the Fisheries (Amendment) Act, 1997 (No. 23 of 1997) and its associated Regulations.
Note: map does not appear to have any data on locations, eg name, license, stocking, type of farm, etc
Inspections are usually annual. Bit due to Covid there were no 2021 Dept of Ag inspections on fish farms.
2020 inspection reports, by farm are listed below
Inspectors reports include maximum stocking levels, but redact actual stocking levels (based on records submitted by fish farm operator
For example, from License AQ199, Silver King Seafoords Ltd (MOWI), Deenish Island, Caherdaniel, Kerry
Salmon deaths (tagged as mortality events in the inspection reports) are also redacted
For example, from License T12/276, Ocean Farm Ltd., Killybegs, Donegal
Access to Stocking Rates in Fish Farm Inspection Reports
The fact that Dept redact production levels (or information that could be construed to affect production figures) is due to commercial sensitivity. This has been ruled on by the Commissioner for Environmental Information in 2018.
All Marine Finfish Inspection Reports (2020)
T05 122 Gearhies 2020Download
T05 122A Gerahies 2020Download
T05 233 MOWI Inisfarnard 2020Download
T05 427 MOWI Waterfall 2020Download
T05 444D MOWI Roancarraig 2020Download
T05 444E MOWI Ahabeg 2020Download
T06 202 MOWI Deenish 2020Download
T09 093A MI Beirtreah Buí Bay 2020Download
T09 095A Ballinakill 2020Download
T09 096B Ardbear 2020Download
T09 107A Sealax 2020Download
T09 114A Ardmore 2020Download
T09 114B Na Macken Rocks 2020Download
T09 119A BBT Golam 2020Download
T09 119B BBT Golam Rock 2020Download
T09 119C BBT Cuigeal 2020Download
T09 127A Mannin Clifden 2020Download
T09 132A Mannin Freaghillaun 2020Download
T09 136A BBT Dinish 2020Download
T09 140A Mannin Curhownagh 2020Download
T09 141A BBT Cnoc 2020Download
T09 143A Killary Inishdeighil 2020Download
T09 143 Killary Rosroe 2020Download
T09 146A BBT Casheen 2020Download
T09 149A BBT Cuigeal 2020Download
T09 155-1 OBB 2020Download
T09 155A Salt Point 2020Download
T09 203A Ardmore 2020Download
T09 203B BBT Birbeg 2020Download
T10 051 Curraun Doughill 2020Download
T10 054A MOWI Clew Bay 2020Download
T10 054B MOWI Clew Bay 2020Download
T10 054C MOWI Clew Bay 2020Download
T10 058A MOWI Clare Island 2020Download
T10 058B MOWI Clare Island Portlea 2020Download
T10 067A MOWI Inishdoonver 2020Download
T10 067B MOWI Clew Bay 2020Download
T12 063A&B MOWI Creevin Inver Bay 2020Download
T12 077A MOWI Kindrum 2020Download
T12 077B 77D Moross 2020Download
T12 077C MOWI Millstone 2020Download
T12 077E MOWI Cranford B 2020Download
T12 77-7 MOWI Glinsk 2020Download
T12 078 MOWI Cranford A 2020Download
T12 082AB MOWI Cranford C 2020Download
T12 082 MOWI Milford 2020Download
T12 085 MOWI Anny Point 2020Download
T12 096AB MOWI Eany Inver Bay 2020Download
T12 266ABCDF OF Killybegs 2020Download
T12 276AB OF Inver Bay 2020Download