What is a Special Area of Conservation SAC implications for the Slaney River Valley

1
What is a Special Area of Conservation (SAC)?-
implications for the Slaney River Valley

• Sarah Fields, Development Officer
• Irish Wildlife Trust

2
Outline

• What are SACs?
• Transmitting of SACs
• Habitats Directive
• List of Protective Measures
• Ireland Vs EC
• What does this mean for Slaney River Valley?

3
What are SACs?

• 1997 the European Habitat Directive came into
  force in Ireland
• Network of protected wildlife sites
• NATURA 2000 network - Special Areas of
  Conservation Special Protection Areas.
• An SAC is an area that has been selected and
  designated to be protected due to the threatened
  and ecologically important species/ habitat
  present on a European Level.

4
Transmitting of SACs

• Strict Selection Process
• 16 Priority Habitats/42 Non-priority Habitats/ 25
  species
• In 2006, 420 have been put forward by NPWS -
  covers 10.8 land area
• The European Commission DG Environment evaluate
  our application and to date 413 sites have been
  accepted as Sites of Community Importance.
• Remaining sites are 4 new marine sites and
  extensions to SACs for Salmon and spawning on
  rivers.

5
Habitat Directive 92/43/EEC

• European law - superior to Irish law
• Must implement a directive
• Habitat Directive document available
  www.europa.eu.int
• 24 Articles outlining the requirements in which
  each member state must fulfill.
• Additional Annexes - list priority species/
  habitats
• Priority Habitat means in danger of disappearing

6
Article 6

• Important section as it directs Ireland to ensure
  the protection of habitats and species listed in
  Annex I and II
• Potential Projects and plans that might impact on
  SAC must require assessment to ensure they do not
  affect the integrity of the site - if there is
  doubt, the precautionary principle should apply.
  
• A Guide SACs- law and Practice

7
Natural Habitat Regulation 1997, Amend 2005Key
Points

• The Minister Proposes a list of candidate SACs
• The Minister may modify the list
• The owners of land may object to the proposal,
  but only on scientific grounds
• The Minister may amend the list and send it to EC
• The Commission may ask Minister to add sites or
  may not accept sites
• The commission adopts the sites
• The Minister shall designate the site an SAC
  within 6 years
• A Proposed Candidate SAC is a site, which the
  minister proposes to send to Brussels
• A Candidate SAC is a site which the Minister
  actually sends to Brussels
• A Designated SAC is the final stage in the
  process

8
Regulation 1997, amend 2005key points continued

• All designated SACs across Europe will form the
  NATURA 2000 network, which includes SPAs (Birds
  Directive)
• From the moment site is proposed, it has full
  protection as if it was a designated SAC
• Only the minister may propose sites
• The only appeals can be against designation
  through NPWS (informal) and Appeals Board
  (formal) process
• The public cannot legally appeal to the minister
  to add a site
• Each site has a Notice of Notifiable Actions
  -list of activities that require ministerial
  permission
• The minister will only give his consent where the
  prohibited activity does not affect the integrity
  of the site or there is an overriding public
  interest relating to human health, safety or the
  environment.
• The Minister may prohibit activities outside SAC
  that may damage the site such as digging a ditch
  beside a raised bog.

9
List of Protective Measures

• Habitat Directive was Transposed into Irish Law
  by The European Natural Habitats Regulation,
  1997
• Sites protected from time of notification
• Regulations amend 1963 Planning Act
• Sites may contain priority or non priority
  habitats and species
• Justifications for damaging a qualifying site

10
NPWS POWERS

• Following damage to a site
• Seek an injunction to stop the works
• Order the landowner to restore the site

• A person is guilty of an offence
• If they carry out Notifiable works on a site
  without ministerial consent.
• If they fail to carry out restoration works as
  directed by the Minister.

11
What Damage?

• Planning
• Designation does not automatically stop
  development
• 2001 IWT Research
• Irresponsible Developments
• Locating Landfills
• Drainage of turloughs
• Removal of sand dunes
• Infilling
• Siltation of rivers
• Pollution of Rivers

• Adjacent developments and activities
• Aquaculture
• License applications approved within SPAs
• Mollusc Farms can significally affect SPAs
• Peat Extraction
• Turf Cutting on designated sites
• Shooting Rights

12
Ireland Vs EC

• Ireland under pressure to submit all SACs
• Infringement proceedings against Ireland
• 14th September 06 - Opinion from European Court
  of Justice Advocate General - concluded Ireland
  has infringed Birds Directive on the conservation
  of wild birds and Habitats Directive on the
  conservation of natural habitats and of wild
  fauna and flora

13
NPWS Rangers/ Resources

• Each County has a Conservation Ranger
• Enormous job for one individual
• Conservation Ranger front line to take
  appropriate steps to avoid deterioration of the
  qualifying interest within the SACS
• Conduct area monitoring of the sites

14
NPWS Monitoring

• Site Inspection Reporting (SIR) programme
• Set up to report on impacts that may potential
  affect the integrity of the sites
• Reporting cycle every three years
• The following is collated
• Identifies impacts or activities
• Quantifies the area affected
• Determines the intensity of the impact/ activity
• Reports whether the influence positive / negative
• Reports who is responsible and why it occurred
• Reports whether an area of annexed habitat been
  affected and by how much

15
SACs Damaged
16
SACs Damaged (2)
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Slaney River ValleySite Code 000781

• Priority Habitats
• Annex 1
• Alluvial Wet woodland
• Floating river vegetation
• Estuaries
• Tidal Mudflats
• Old Oak woodlands

• Annex II Species
• Sea Lamprey
• River Lamprey
• Brook Lamprey
• Freshwater Pearl Mussel
• Twaite Shad
• Atlantic Salmon
• Otter

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Threats to Slaney
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What are the implications?

• Certain activities require permission
• Need to work with NPWS
• Assessment of activities to ensure do not
  negatively impact on the site

• Positives
• Protection of natural resource and wildlife
• Maintain the site for salmon and their spawning
• Maintain good water quality with negative
  activities controlled
• Sustain a future for fishing activities

21
Future changes

• Maps currently being updated
• Change in boundaries especially agriculture land
  2.5metres along rivers
• Changes and promotion of Rural Environment
  Protection Scheme
• New Farm Scheme - NPWS
• Water Framework Directive

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Conclusion

• Complete designation
• Complete appeals process boundary changes
• Establish Implement Management Plans
• Ensure effective protection
• Proper transposition of Article 6 into Irish Law
• Encourage full participation by all interested
  parties