My Department supports the development of the Irish aquaculture sector under Ireland's €258 Million Seafood Development Programme, which is co-funded by the Irish government and the EU Commission under the European Maritime, Fisheries and Aquaculture Fund (EMFAF). The Sustainable Aquaculture scheme is administered by BIM on behalf of my Department.
To be eligible for aid under this scheme the applicant must have a statutory consent to engage in aquaculture, and must also have a consent under the Foreshore Acts. The terms of this scheme provide that operators who are operating in a Natura 2000 site and are awaiting a determination of an aquaculture licence application/renewal made under Section 10 of the Fisheries Amendment Act 1997 are not eligible for aid under this scheme.
My Department, as the managing authority for the Seafood Development Programme 2021-2027, is obligated to implement the EMFAF Regulation and in particular, Article 12(1)(c), which stipulates that Member States may only select operations that are in compliance with applicable Union law – in this case the relevant Union law being the Birds and/or Habitats Directives. Therefore only operators who hold a licence that is in compliance with these Directives may receive funding.
It is possible for aquaculture business to operate lawfully in this State while awaiting licence renewal determinations that have been fully assessed to be in compliance with the Birds and Habitats Directives. This is currently made possible by section 19A(4) of the 1997 Act. Consequently, aquaculture businesses operating lawfully but not pursuant to up to date licenses that are in compliance with the Birds and Habitats Directives are necessarily excluded from receiving funding under the scheme.
My Department has been working very closely with BIM to identify what funding supports can be put in place for the aquaculture sector, within the parameters of the EU State Aid Regulations governing aid in the fisheries and aquaculture sector.