APPROPRIATE ASSESSMENT REPORT

FS007041 Harbour and Marina Dredging and Disposal – Foreshore Application

MGE0778RP0007 Fenit Dredging and Disposal -Foreshore Application Appropriate Assessment Report - F01 25 January 2021

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REPORT

Document status

Version Purpose of document Authored by Reviewed by Approved by Review date

A01 Draft for Client Approval 14/12/2020

F01 Final 25/01/2021

Approval for issue

25 January 2021

© Copyright RPS Group Limited. All rights reserved. The report has been prepared for the exclusive use of our client and unless otherwise agreed in writing by RPS Group Limited no other party may use, make use of or rely on the contents of this report. The report has been compiled using the resources agreed with the client and in accordance with the scope of work agreed with the client. No liability is accepted by RPS Group Limited for any use of this report, other than the purpose for which it was prepared. RPS Group Limited accepts no responsibility for any documents or information supplied to RPS Group Limited by others and no legal liability arising from the use by others of opinions or data contained in this report. It is expressly stated that no independent verification of any documents or information supplied by others has been made. RPS Group Limited has used reasonable skill, care and diligence in compiling this report and no warranty is provided as to the report’s accuracy. No part of this report may be copied or reproduced, by any means, without the written permission of RPS Group Limited.

Prepared by: Prepared for:

RPS Department of Housing, Local Government and Heritage

MGE0778RP0007 | Appropriate Assessment Report - | F01 | 25 January 2021 rpsgroup.com Page i REPORT Contents 1 INTRODUCTION ...... 1 1.1 Methodology ...... 1 2 APPROPRIATE ASSESSMENT ...... 3 2.1 Screening for Appropriate Assessment ...... 3 2.2 Appropriate Assessment Checklist ...... 3 2.3 Structure of the Appropriate Assessment Report ...... 5 2.4 Project Description ...... 5 2.4.1 Elements of the Project (Alone or in Combination with other Projects or Plans) that are Likely to Give Rise to Significant Effects on European Sites ...... 6 2.5 Conservation Objectives of Bay and Magharees Peninsula, West to SAC ...... 6 2.5.1 European Site Description ...... 6 2.5.2 Qualifying Features and Conservation Objectives ...... 6 2.6 Conservation Objectives of Akeragh, Banna and Barrow Harbour SAC ...... 8 2.6.1 European Site Description ...... 8 2.6.2 Qualifying Features and Conservation Objectives ...... 8 2.7 Conservation Objectives of Complex SPA ...... 9 2.7.1 European Site Description ...... 9 2.7.2 Qualifying Features and Conservation Objectives ...... 9 2.8 Conservation Objectives of Magharee Islands SAC ...... 15 2.8.1 European Site Description ...... 15 2.8.2 Qualifying Features and Conservation Objectives ...... 15 2.9 Conservation Objectives of Magharee Islands SPA ...... 15 2.9.1 European Site Description ...... 15 2.9.2 Qualifying Features and Conservation Objectives ...... 15 2.10 Conservation Objectives of Lower River Shannon SAC ...... 17 2.10.1 European Site Description ...... 17 2.10.2 Qualifying Features and Conservation Objectives ...... 18 3 ASSESSMENT OF IMPACTS ...... 22 3.1 Tralee Bay and Magharees Peninsula, West to Cloghane SAC ...... 22 3.1.1 Qualifying Interests ...... 22 3.1.2 Impacts on Qualifying Interests ...... 24 3.2 Tralee Bay Complex SPA ...... 26 3.2.1 Special Conservation Interest Species ...... 26 3.2.2 Impacts on SCI Species ...... 26 3.3 Magharee Islands SAC ...... 27 3.3.1 Qualifying Interests ...... 27 3.3.2 Impacts on Qualifying Interests ...... 27 3.4 Magharee Islands SPA...... 28 3.4.1 Special Conservation Interest Species ...... 28 3.4.2 Impacts on SCI Species ...... 28 3.5 Lower River Shannon SAC ...... 29 3.5.1 Qualifying Interests ...... 29 3.5.2 Impacts on Qualifying Interests ...... 29 3.6 Assessment of In-combination Impacts ...... 30 3.7 Assessment of Impacts on the Integrity of European Sites ...... 30 4 OBSERVATIONS AND SUBMISSIONS...... 35 5 MITIGATION MEASURES ...... 36 5.1 General ...... 36 5.1.1 Conclusion of Assessment of Mitigation Measures ...... 37

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6 DISCUSSION, RECOMMENDATIONS AND CONCLUSIONS ...... 39 6.1 Discussion ...... 39 6.2 Recommendations ...... 39 6.2.1 Recommended Licence Conditions ...... 39 6.3 Conclusion ...... 39 7 REFERENCES ...... 40

Tables Table 2.1 Checklist for Appropriate Assessment ...... 3 Table 2.2 Qualifying Interests of the Tralee Bay and Magharees Peninsula West to Cloghane SAC (002070) ...... 7 Table 2.3 Qualifying Interests of the Akeragh, Banna and Barrow Harbour SAC (000332) ...... 9 Table 2.4 SCI Species of the Tralee Bay Complex SPA (004188) ...... 10 Table 2.5 Qualifying Interests of Magharee Islands SAC (002261) ...... 15 Table 2.6 SCI Species of Magharee Islands SPA (004125) ...... 16 Table 2.7 Qualifying Interests of the Lower River Shannon SAC (002165) ...... 18 Table 3.1 Integrity of Site Checklist for European Sites ...... 31 Table 5.1 Mitigation Measures Matrix ...... 36

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1 INTRODUCTION

Kerry County Council has submitted an application for a Foreshore Licence to carry out dredging within Fenit Harbour, Co. Kerry and the disposal of the dredged material to a dump site in outer Tralee Bay. The dredging would be carried out annually, for a total of eight years. The proposed project involves the excavation of sediment from the seabed (maintenance dredging) at Fenit harbour, a commercial shipping port. Maintenance dredging is required to maintain navigable channels, which are at risk of becoming silted up over time due to the transport of suspended sediments into the sheltered waters of the harbour, which in turn deposit on the seabed. The project will increase the navigability of Fenit Harbour, reducing the associated safety concerns for commercial ships and boats. RPS has been commissioned by the Department of Housing, Local Government and Heritage (DHLGH) to provide environmental consultancy services to carry out Appropriate Assessment (AA) of the NIS contained within the foreshore licence application for the proposed activities.

1.1 Methodology

The AA will comprise a review of the documentation submitted as part of the foreshore licence application, in particular the accompanying NIS, which should identify the potential impacts of the proposed activities on the qualifying interests of European sites. The European Communities (Birds and Natural Habitats) Regulations 2011 (as amended), provides the following interpretation of what constitutes an NIS: “Natura Impact Statement” means a report comprising the scientific examination of a plan or project and the relevant European Site or European Sites, to identify and characterise any possible implications of the plan or project individually or in combination with other plans or projects in view of the conservation objectives of the site or sites, and any further information including, but not limited to, any plans, maps or drawings, scientific information or data required to enable the carrying out of an Appropriate Assessment. This technical review and AA have been undertaken with regard to the appropriate legislation, guidance and departmental circulars. The NIS will be scrutinised to assess whether it includes the following: • Robust scientific information and analysis including the reasoning and justifications for the conclusion. Other relevant documents submitted by the applicant may be cross-referenced and the findings integrated into the assessment, particularly where analysis of environmental factors is required to determine effects on the structure and function of the European sites; • Compliance with the tests and standards of AA as presented in European and National Guidance; • The assessment is carried out for the whole project, including all associated and ancillary elements; • A robust scientific assessment and conclusions are reached relative to: – Conservation objectives of site(s), and – Integrity of site(s). • Complete, precise and definitive findings and conclusions, capable of removing all reasonable scientific doubt as to the effects on the European sites. The NIS and other reviewed documents are taken into account to arrive at a definitive determination under Article 6(3) of the Habitats Directive as to whether the project, on its own or in combination with other plans and projects, would adversely affect the integrity of a European site. In conducting the AA, case-law of the Court of Justice of the European Union (Case C-258/11) has established that the assessment carried out under Article 6(3) cannot have lacunae and must contain complete, precise and definitive findings and conclusions capable of removing all reasonable scientific doubt as to the effects of a project on a European site. In the European Communities (Birds and Natural Habitats) Regulations 2011, in carrying out an Appropriate Assessment under paragraph (11) the public authority shall take into account each of the following matters— a. the Natura Impact Statement,

MGE0778RP0007 | Appropriate Assessment Report - | F01 | 25 January 2021 rpsgroup.com Page 1 REPORT b. any other plans or projects that may, in combination with the plan or project under consideration, adversely affect the integrity of a European Site, c. any supplemental information furnished in relation to any such report or statement, d. if appropriate, any additional information sought by the authority and furnished by the applicant in relation to a Natura Impact Statement, e. any information or advice obtained by the public authority, f. if appropriate, any written submissions or observations made to the public authority in relation to the application for consent for proposed plan or project, and g. any other relevant information.

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2 APPROPRIATE ASSESSMENT 2.1 Screening for Appropriate Assessment

A NIS was submitted as part of the foreshore licence application to inform the AA to be completed by DHLGH. The Screening for Appropriate Assessment (AA) Report in the NIS Appendix 2, concluded that, it cannot be excluded beyond reasonable scientific doubt, in view of best scientific knowledge on the basis of objective information and in light of the conservation objectives of the relevant European sites, that the proposed development, individually or in combination with other plans or projects would have a significant effect on the following sites: • Tralee Bay and Magharees Peninsula, West to Cloghane SAC • Akeragh, Banna and Barrow Harbour SAC • Tralee Bay Complex SPA • Magharee Islands SAC • Magharee Islands SPA • Lower River Shannon SAC. The elements of the proposed project alone or in combination with other projects or plans that are likely to give rise to significant effects on the above European sites include the following: • Loss and alteration of seabed habitat; • Potential water quality impacts from increased suspended sediment and turbidity levels in the water column and/or accidental oil spill; and • Underwater noise emissions.

Therefore, the project is subject to an AA in accordance with Article 6(3) of the EU Habitats Directive (Directive 92/43/EEC) on the Conservation of Natural Habitats and of Wild Fauna and Flora; the Planning and Development Act 2000 (as amended); and the European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477/2011).

2.2 Appropriate Assessment Checklist

As per the EC Guidelines (2002) the checklist in Table 2.1 outlines the information necessary to complete the AA. Table 2.1 Checklist for Appropriate Assessment

Are these known or available? √ / x Information about the project or plan. √: A project description for the proposed works is provided in the NIS Section 4.1.

Full characteristics of the project or plan which may √: The characteristics of the proposed project are affect the site. provided in the NIS Section 4.5.

The total range or area the plan or project will cover. √: The area of the project is provided in the NIS Sections 4.3 and 4.4, for dredging and dumping operations respectively.

Size and other specifications of the project. √: Size and other specifications of the project are provided in the NIS Section 4.5.

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Are these known or available? √ / x The characteristics of existing, proposed or other √: The In-combination Impact Assessment is provided in approved projects or plans which may cause NIS Section 7.2. interactive or cumulative impacts with the project being assessed and which may affect the site. Planned or contemplated nature conservation x: No nature conservation initiatives have been initiatives likely to affect the status of the site in the considered. It is stated in the NIS Appendix 2 Screening future. for AA Section 4.4.4 that NPWS Conservation Management Plans are not available for any of the European sites identified.

The relationship (e.g. key distances etc.) between the √: The European Sites that were considered to be within project or plan and the Natura 2000 site. the Zone of Likely Impact, along with distances to both the dredge site and dumpsite are provided in the NIS Appendix 2 Screening for AA Section 4.4.2 Table 3. A figure of the proposed dredge and dump sites in relation to European sites is given in the Screening for AA Appendix 3.

The reasons for the designation of the Natura 2000 √: Site descriptions for each European site screened in site. for AA are provided in the NIS Section 6.1, with foot notes containing links to the relevant NPWS site synopsis document.

The conservation objectives of the site and the factors √: The conservation objectives of the screened-in that contribute to the conservation value of the site. European sites are referred to throughout the NIS Sections 6 and 7.

The conservation status of the site (favourable or √: The conservation statuses of the European sites are otherwise). referred to where available in the NIS Sections 6 and 7.

The existing baseline condition of the site. √: The baseline condition of each site, with particular regard to the qualifying interests and special conservation interest species is discussed in detail in the NIS Sections 6.1.1 to 6.1.6.

The key attributes of any Annex I habitats or Annex II √: The attributes for the Annex I habitats or Annex II species on the site. species potentially affected by the project are described in the NIS Tables 4 – 6, 9, 11, 13, 14 and 16. In some The physical and chemical composition of the site. cases, specific attributes are unknown as detailed site The dynamics of the habitats, species and their specific conservation objectives are unavailable. ecology. Those aspects of the site that are sensitive to change. The key structural and functional relationships that create and maintain the site’s integrity. The seasonal influences on the key Annex I habitats or Annex II species on the site. Other conservation issues relevant to the site, X: No other nature conservation initiatives or future including likely future natural changes taking place. natural changes have been taken into account.

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2.3 Structure of the Appropriate Assessment Report

A summary of the project description is provided in Section 2.4 and the elements of the project alone and in combination with other projects or plans that are likely to give rise to significant effects on the European site are outlined in Section 2.4.1. The conservation objectives for the European sites screened in for AA are provided in Sections 2.5 to 2.9. Assessments on how the project will affect the key species and key habitats, acknowledging any uncertainties and any gaps in information and on how the project will affect the integrity of the European sites are provided in Sections 3.1 to 3.5. A summary of the observations and submissions received on the application are provided in Section 4. Proposed mitigation measures are provided in Section 5. 2.4 Project Description

The proposed maintenance dredging will take place within Fenit marina (Loading Area A), commercial shipping berth (Loading Area B) and at the outer manoeuvring area (Loading Area C) as shown in drawings submitted by the applicant. Area A covers an area of 25,495 m2, Area B covers an area of 44,875 m2 and Area C is 47,040 m2. The total footprint of the dredge area is approximately 118,00m2 (11.8 ha). The proposed dredge depths are as follows: • Area A: -3.5 mCD (currently between -1.9 mCD and -3 mCD) • Area B: -7.5 mCD (currently around -5 mCD) • Area C: -5 mCD (currently around -3 mCD) The proposed dredging works are planned to take place on an annual basis for a duration of 8 years, with the overall removal of dredge material calculated to be in the region of 1,000,000 tonnes (625,000 m3). It is anticipated that 100,000 tonnes would be dredged from the marina area, 550,000 tonnes from the commercial shipping berth and channel and 350,000 tonnes from the outer manoeuvring area over the 8 year period. The volume of material to be removed will be approximately 250,000 tonnes in the first year, decreasing to between 75,000 and 150,000 tonnes per year thereafter. These figures provided are maximum weights as financial constraints will determine actual areas and weights to be dredged each year. It is proposed that a larger area is dredged compared with the most recent maintenance dredging campaign in 2015/2016, meaning that dredging will take place within areas that have been subject to previous dredging and in areas where dredging has not yet occurred. Dredging will be prioritised adjacent to the commercial berth (Area B). It is not clear which areas are to be dredged for the first time. It is envisaged that works in the first year will take place over a 4-6 week period, and annually thereafter over a 3-4 week period. Dredging is envisaged to take place typically between February-May annually. The dredging within the commercial shipping berth and channel as well as the outer manoeuvring area would be carried out using a trailer suction hopper dredger (TSHD). Plough dredging is proposed within the marina and the area of the main marine berths where limited access for large dredging plant occurs. A plough dredger will be used to move sediments to a location where it can be accessed safely, dredged and removed by suction hopper. In conjunction with the plough dredger, a mechanical dredger such as a grab or backhoe may also be used. It is intended that all the dredged material will be disposed of at a dump site (approximately 100 ha in area) located approximately 8 km northwest of the harbour area in outer Tralee Bay, and a Dumping at Sea Permit has been granted by the EPA. The proposed dump site has been used by Fenit Harbour and Marina for disposal of dredged materials arising from the maintenance dredging campaign undertaken in 2016 and in previous campaigns back to 1996. It is anticipated that approximately 3,000 m3 of dredged sediment will be dumped per day over the course of each dredge campaign.

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2.4.1 Elements of the Project (Alone or in Combination with other Projects or Plans) that are Likely to Give Rise to Significant Effects on European Sites

The elements of the works as identified in the Screening for AA (NIS Appendix 2) in the operational phase of the proposed project with potential to give rise to effects on European sites include the following: • Loss and alteration of seabed habitat; • Potential water quality impacts from increased suspended sediment and turbidity levels in the water column and/or accidental oil spill; and • Underwater noise emissions.

Due to the nature of the project, there are no construction or decommissioning phases, and therefore no impacts associated with these phases. It should be assumed that all impacts assessed are relevant to the operation of the project, i.e. dredging and disposal. The concept of the ‘zone of influence’ of the project is used in the NIS Sections 4.5.6 and 4.5.7 for the dredging operation and dumping at sea operations, respectively. A map of the ‘zone of influence’, and an explanation of the method of its delineation, however, are lacking. In-combination effects as discussed in the NIS Section 7.2 and these are considered in this assessment in Section 3.6.

2.5 Conservation Objectives of Tralee Bay and Magharees Peninsula, West to Cloghane SAC

2.5.1 European Site Description

A description of the Tralee Bay and Magharees Peninsula West to Cloghane SAC is provided in the NIS Section 6.1.1.1, with reference to the NPWS Site Synopsis.

2.5.2 Qualifying Features and Conservation Objectives

The Qualifying Interests (QI) and the associated detailed conservation objectives (CO) of the Tralee Bay and Magharees Peninsula West to Cloghane SAC are outlined in the NIS Section 6.1.1.2 and Table 3. This table also identified the QIs for which there are potential pathways for significant effects as a result of the proposed project. Where potential pathways for adverse impact on a QI were not identified, these QIs have not been considered further in the NIS. A rationale is given for each decision. The QIs and COs of the Tralee Bay and Magharees Peninsula West to Cloghane SAC and a rationale for whether or not they are assessed in the NIS are provided in Table 2.2 below. Only those QIs with the potential for connectivity with the proposed works, as described in Table 3.2 of RPS’ Screening for AA Technical Review have been included.

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Table 2.2 Qualifying Interests of the Tralee Bay and Magharees Peninsula West to Cloghane SAC (002070)

Qualifying Feature Conservation Rationale (from NIS, Table 3) Assessed Objective in NIS

Estuaries To maintain the The COs 002070 has mapped the extent of the estuary from No favourable the bridge at and including the canal west as far as conservation Curraheen townland but stops short of where Curraheen River condition. enters the bay. The estuary lies approximately 6km east of the Fenit Harbour. Considering the use of the suction hopper dredger and the dredging methodology, the zone of influence of the dredge material and the shallow and dynamic nature of the sub-littoral sediments, it is considered that the estuary habitat type will not be significantly affected by the proposed dredging at Fenit Harbour. Therefore, estuary habitat type will not be considered further in the NIS.

Mudflats and To maintain the Mudlfats predominantly occur in inner Tralee Bay, which is No sandflats not favourable relatively sheltered. Sandy beaches line the coast of Tralee covered by seawater conservation and Brandon Bay as well as Bay on the northern at low tide condition. shore of the Magharees Peninsula. The impact from the dredging and dumping operation will be limited to the marine sub-littoral environment; significant intertidal impacts to this habitat type are not expected to occur. Therefore, this habitat type, mudflats and sandflats not covered by seawater at low tide, is not considered further in the NIS.

Large shallow inlets To maintain the The entire of Tralee Bay as far as the northern shore of the Yes and bays favourable Magharees Peninsula as well as the inner waters of Brandon conservation Bay (which itself is not shallow) are mapped as large shallow condition. inlets and bays (COS 002070). The increased suspended sediments in the water column will result in water quality impacts.

Reefs To maintain the Reef habitats are widespread marine features with immobile Yes favourable hard substrate available for colonisation by epifauna (NPWS, conservation 2013). Reef habitat types include gravels, cobbles, boulders condition. and bedrock as well as biogenic conglomerations. Significant areas of reef habitat are mapped along the southern side of Tralee Bay (Derrymore spit west to village), scattered though the middle of the Tralee Bay and off the northern part of the Magharee Peninsula. The nearest mapped reef (COS 002070) lies approximately 1km south of the dredge area and northwest of the dumpsite. The increased suspended sediments in the water column will either deposit on the seabed within and outside of the bay, while the finer fractions may remain in suspension. There is a risk of disturbance or displacement of fauna from deposition of sediment on reef habitat.

Salicornia and other To maintain the Salicornia and other annuals colonizing mud and sand is No annuals colonising favourable classified by Fossitt (2000) as lower salt marsh. This habitat mud and sand conservation type is a pioneer saltmarsh community that may occur on condition. muddy sediment seaward of established saltmarsh or form patches within other saltmarsh communities where the elevation is suitable and there is regular tidal inundation (NPWS, 2013). This habitat type is not mapped in the COS 002070, however, it is recorded at Derrymore Island. The impact from the dredging and dumping operation will be limited to the marine sub-littoral environment; significant intertidal impacts to this habitat type are not expected to occur. Therefore, this habitat type, Salicornia and other annuals colonizing mud and sand, is not considered further in the NIS.

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Qualifying Feature Conservation Rationale (from NIS, Table 3) Assessed Objective in NIS

Atlantic salt To maintain the Atlantic salt meadows are classified by Fossitt (2000) as lower No meadows (Glauco- favourable salt marsh. The COS 002070 has mapped its occurrence along Puccinellietalia conservation the inner shore of Derrymore spit, inner Tralee Bay just west of maritimae) condition. Blennerville village and a small extent in the western part of Brandon Bay south of Fermoyle tombolo. The impact from the dredging and dumping operation will be limited to the marine sub-littoral environment; significant intertidal impacts to this habitat type are not expected to occur. Therefore, this habitat type, Atlantic salt meadows, is not considered further in the NIS.

Mediterranean salt To maintain the Mediterranean salt meadows are classified by Fossitt (2000) No meadows (Juncetalia favourable as upper salt marsh. The COS 002070 has mapped its maritimi) conservation occurrence along the shore southeast of Castlegregory village, condition. inner Tralee Bay at Curraheen townland and a very small extent in the western part of Brandon Bay south of Fermoyle tombolo. The impact from the dredging and dumping operation will be limited to the marine sub-littoral environment; significant intertidal impacts to this habitat type are not expected to occur. Therefore, this habitat type, Mediterranean salt meadows, is not considered further in the NIS.

Otter (Lutra lutra) To restore the Otter occur along the coastline of the SAC and the critical Yes favourable habitat includes shoreline and watercourses. There is potential conservation for significant effects to water quality. There is potential for condition. significant indirect impacts to fish species, which are a food source for otters. Therefore, there is potential for significant indirect impacts to otter.

2.6 Conservation Objectives of Akeragh, Banna and Barrow Harbour SAC

2.6.1 European Site Description

A description of the Akeragh, Banna and Barrow Harbour SAC is provided in the NIS Section 6.1.2.1, with reference to the NPWS Site Synopsis.

2.6.2 Qualifying Features and Conservation Objectives

The Qualifying Interests (QI) and the associated detailed conservation objectives (CO) of the Akeragh, Banna and Barrow Harbour SAC are outlined in the NIS Section 6.1.2.2 and Table 7. This table also identified the QIs for which there are potential pathways for significant effects as a result of the proposed project. Where potential pathways for adverse impact on a QI were not identified, these QIs have not been considered further in the NIS. A rationale is given for each decision. The QIs and COs of the Akeragh, Banna and Barrow Harbour SAC and a rationale for whether or not they are assessed in the NIS are provided in Table 2.3 below. Only those QIs with the potential for connectivity with the proposed works, as described in Table 3.2 of RPS’ Screening for AA Technical Review have been included. As none of the QIs of the Akeragh, Banna and Barrow Harbour SAC have a potential pathway for adverse effects, and this is considered to be reasonable, this European site is not considered further in this AA.

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Table 2.3 Qualifying Interests of the Akeragh, Banna and Barrow Harbour SAC (000332)

Qualifying Conservation Rationale (from NIS, Table 7) Assessed Feature Objective in NIS

Salicornia and To maintain the Salicornia and other annuals colonizing mud and sand is No other annuals favourable classified by Fossitt (2000) as lower salt marsh. The main colonising mud and conservation saltmarsh habitat is located at Barrow Harbour and Carrahane sand condition. Strand where it is particularly well developed. The impact from the dredging and dumping operation will be limited to the marine sub-littoral environment; significant intertidal impacts to this habitat type are not expected to occur. Therefore, this habitat type, Salicornia and other annuals colonizing mud and sand, is not considered further in the NIS.

Atlantic salt To restore the Atlantic salt meadows are classified by Fossitt (2000) as lower No meadows (Glauco- favourable salt marsh. The main saltmarsh habitat is located at Barrow Puccinellietalia conservation Harbour and Carrahane Strand where it is particularly well maritimae) condition. developed. The impact from the dredging and dumping operation will be limited to the marine sub-littoral environment; significant intertidal impacts to this habitat type are not expected to occur. Therefore, this habitat type, Atlantic salt meadows, is not considered further in the NIS.

Mediterranean salt To maintain the Mediterranean salt meadows are classified by Fossitt (2000) as No meadows favourable upper salt marsh. The main saltmarsh habitat is located at (Juncetalia conservation Barrow Harbour and Carrahane Strand where it is particularly maritimi) condition. well developed. The impact from the dredging and dumping operation will be limited to the marine sub-littoral environment; significant intertidal impacts to this habitat type are not expected to occur. Therefore, this habitat type, Mediterranean salt meadows, is not considered further in the NIS.

2.7 Conservation Objectives of Tralee Bay Complex SPA

2.7.1 European Site Description

A description of the Tralee Bay Complex SPA is provided in the NIS Section 6.1.3.1, with reference to the NPWS Site Synopsis.

2.7.2 Qualifying Features and Conservation Objectives

The Special Conservation Interest (SCI) species and the associated detailed conservation objectives (CO) of the Tralee Bay Complex SPA are outlined in the NIS Section 6.1.3.2 Table 8. This table also identified the SCI species for which there are potential pathways for significant effects as a result of the proposed project. Where potential pathways for adverse impact on an SCI were not identified, these have not been considered further in the NIS. A rationale is given for each decision. The SCIs and COs of the Tralee Bay Complex SPA and a rationale for whether or not they are assessed in the NIS are provided in Table 2.4 below. Only those SCIs with the potential for connectivity with the proposed works, as described in Table 3.2 of RPS’ Screening for AA Technical Review have been included.

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SCI Species Conservation Objective Rationale (from NIS, Table 8) Assessed in NIS

Whooper Swan To maintain the favourable Whooper swan is amber-listed as hosts more than 20% of the European wintering population. The site is No conservation condition. designated for wintering whooper swan that visit lakes and marshes and can be found grazing in fields and sloblands. Birds arrive in Ireland in late autumn and leave by mid-April and a few may remain throughout the summer. Those few birds that remain over the summer are young or sick birds while some are known to breed in County Donegal. While the project may take place during the wintering season, any water quality impacts will be confined to the sub-littoral marine environment. Whooper swan is found on lakes, marshes and sloblands feeding on grasses, roots and water plants. Whooper swan is a common visitor to Lough Gill. Thus whooper swan is outside of the zone of influence of the project. The project will not significantly affect the population trend or distribution of wintering whooper swan. Therefore, whooper swan is not considered further in the NIS.

Light-bellied To maintain the favourable The site is designated for wintering light-bellied brent goose, which are amber-listed as the majority winter at less No Brent Goose conservation condition. than ten sites and the Irish population is also internationally significant. It winters on coastal estuaries during the autumn and early winter as well as on grasslands from mid-winter before departing to breeding grounds in Canada in late April. While the project may take place during the wintering season, any water quality impacts will be confined to the sub-littoral marine environment. Light-bellied brent goose is found on the intertidal areas and grazes on coastal grasslands, estuaries and mudflats taking a wide variety of plan material, especially Zostera spp. Thus brent goose is outside of the zone of influence of the project. The project will not significantly affect the population trend or distribution of wintering light-bellied brent goose. Therefore, light-bellied brent goose is not considered further in the NIS.

Shelduck To maintain the favourable Shelduck is amber-listed as the majority of the wintering population occurs at less than ten sites. The site is No conservation condition. designated for wintering shelduck. Breeding birds have declined in Kerry generally. In July the adults departs to the Waddenzee to moult returning to the Shannon estuary in November. While the project may take place during the wintering season, any water quality impacts will be confined to the sub-littoral marine environment. Shelduck mainly confines itself the intertidal area and coastlands of the SPA and feeds on mudflats. Thus shelduck is outside of the zone of influence of the project. The project will not significantly affect the population trend or distribution of wintering shelduck. Therefore, shelduck is not considered further in the NIS.

Wigeon To maintain the favourable Wigeon is red-listed due to a decline in its non-breeding (wintering) population. The site is designated for No conservation condition. wintering wigeon. The birds arrive in Ireland in August and September and winter on the coast on estuaries and lagoons and further inland on lakes, marshes and grassland close to water. On the Peninsula it is a common winter visitor to estuaries and wetlands. While the project may take place during the wintering season, any water quality impacts will be confined to the sub-littoral marine environment. At coastal locations wigeon are found on the intertidal areas feeding on Zostera spp. or coastal grasslands. Thus the wigeon is outside of the zone of influence of the project. The project will not significantly affect the population trend or distribution of wintering wigeon. Therefore, wigeon is not considered further in the NIS.

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Teal To maintain the favourable Teal is amber-listed due to a decline in the breeding population. The site is designated for wintering teal. Small No conservation condition. numbers of teal breed near small freshwater lakes or pools or small upland streams away from the coast. Teal winter on lakes, marshes and estuaries and feed on seeds, Enteromorpha sp. and molluscs. On the Dingle Peninsula it is a common winter visitor to estuaries and freshwater lakes and there has been a serious decline of numbers in winter on Lough Gill. While the project may take place during the wintering season, any water quality impacts will be confined to the sub-littoral marine environment. At coastal locations teal are found on the intertidal areas. Thus teal is outside of the zone of influence of the project. The project will not significantly affect the population trend or distribution of wintering teal. Therefore, teal is not considered further in the NIS.

Mallard To maintain the favourable Mallard is a green-listed species and the site is designated for wintering populations. Mallard is found on lakes, No conservation condition. ponds, marshes and estuaries and feeds on aquatic plants and seeds. While the project may take place during the wintering season, any water quality impacts will be confined to the sub-littoral marine environment. There appears to have been an increase in population on the Dingle Peninsula in recent years. At coastal locations mallard are found on the intertidal areas feeding molluscs and crustaceans, as well as plant material. Thus mallard is outside of the zone of influence of the project. The project will not significantly affect the population trend or distribution of wintering mallard. Therefore, mallard is not considered further in the NIS.

Pintail To maintain the favourable Pintail is red-listed due to a decline in its non-breeding (wintering) population. It is an extremely rare breeding No conservation condition. species with records from the midlands and north. The site is designated for wintering pintail. In winter it is found on freshwater lakes, lagoons and estuaries and feeds on a variety of aquatic plants, seeds and other plant material. While the project may take place during the wintering season, any water quality impacts will be confined to the sub-littoral marine environment. At coastal locations pintail are found on the intertidal areas feeding invertebrates and plant material. Thus pintail is outside of the zone of influence of the project. The project will not significantly affect the population trend or distribution of wintering pintail. Therefore, pintail is not considered further in the NIS.

Scaup To maintain the favourable Greater scaup is amber-listed for its small breeding population and its localised wintering range. The site is Yes conservation condition. designated for wintering scaup. Greater scaup is found on open coastal waters, bays and also on freshwater lakes close to coastal localities and feeds by diving for molluscs and crustaceans as well as feeding on marine plants. Greater scaup are usually found in areas less than 10m in depth. As greater scaup feed on small molluscs at coastal sites and dive for their prey, they may be temporarily displaced from feeding areas as a result of water quality impacts.

Oystercatcher To maintain the favourable Oystercatcher is amber-listed for breeding and wintering birds for localised wintering population. The site is No conservation condition. designated for wintering oystercatcher. It breeds on undisturbed rocky beaches and on islands. It feeds on intertidal mudflats or fields. While the project may take place during the wintering season, any water quality impacts will be confined to the sub-littoral marine environment. They are mainly found in the intertidal areas feeding on molluscs and bivalves. Thus oystercatcher is outside of the zone of influence of the project. The project will not significantly affect the population trend or distribution of wintering pintail. Therefore, oystercatcher is not considered further in the NIS.

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Ringed Plover To maintain the favourable Ringed plover is amber-listed as internationally important numbers winter in Ireland. The site is designated for No conservation condition. wintering ringed plover. They are found in the outer estuary on intertidal mudflats feeding on a variety of insects, molluscs and other invertebrates. On the Dingle Peninsula it breeds in small numbers on undisturbed shingle beaches and stony patches on the coast. While the project may take place during the wintering season, any water quality impacts will be confined to the sub-littoral marine environment. Ringed plover are found on the intertidal mudflats in the SPA. Thus ringed plover is outside of the zone of influence of the project. The project will not significantly affect the population trend or distribution of wintering ringed plover. Therefore, ringed plover is not considered further in the NIS.

Golden Plover To maintain the favourable Golden plover is red-listed as a breeding species due to a decline in the breeding and non-breeding (wintering) No conservation condition. population. The site is designated for wintering golden plover. While the project may take place during the wintering season, any water quality impacts will be confined to the sub-littoral marine environment. Golden plover are found on the intertidal mudflats in the SPA. Thus golden plover is outside of the zone of influence of the project. The project will not significantly affect the population trend or distribution of wintering golden plover. Therefore, golden plover is not considered further in the NIS.

Grey Plover To maintain/restore the Grey plover is amber-listed as the majority winter at less than ten sites. The site is designated for wintering grey No favourable conservation plover. They are found on intertidal mudflats in the estuary and also on beaches and feed on marine molluscs, condition. crustaceans and worms. While the project may take place during the wintering season, any water quality impacts will be confined to the sub-littoral marine environment. Grey plover are found on the intertidal areas in the SPA. Thus grey plover is outside of the zone of influence of the project. The project will not significantly affect the population trend or distribution of wintering grey plover. Therefore, grey plover is not considered further in the NIS.

Lapwing To maintain the favourable Lapwing is red-listed due to a decline in the breeding and non-breeding population. The site is designated for No conservation condition. wintering lapwing. Numbers move in from the east during particularly cold winters. They winter on mudflats and estuaries as well as inland on open grasslands or ploughed fields and breed on grasslands and grassy wetlands. While the project will take place during the wintering season, any water quality impacts will be confined to the sub-littoral marine environment. Lapwing is mainly found on the intertidal areas in the SPA. Thus lapwing is outside of the zone of influence of the project. The project will not significantly affect the population trend or distribution of wintering lapwing. Therefore, lapwing is not considered further in the NIS.

Sanderling To maintain the favourable The wintering population of sanderling is green-listed. The site is designated for wintering sanderling. Sanderling No conservation condition. are mainly found on beaches but also occur on mudflats and feed on small invertebrates and are a common winter visitor at Tralee Bay and the Dingle Peninsula. While the project may take place during the wintering season, any water quality impacts will be confined to the sub-littoral marine environment. Sanderling is mainly found on the beaches in the SPA. Thus sanderling is outside of the zone of influence of the project. The project will not significantly affect the population trend or distribution of wintering sanderling. Therefore, sanderling is not considered further in the NIS.

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Dunlin To maintain the Dunlin is amber-listed in Ireland as the majority winter at less than ten sites. The site is designated for wintering No favourable conservation dunlin. Dunlin mainly occurs in the estuary along mudflats feeding on small invertebrates. While the project may condition. take place during the wintering season, any water quality impacts will be confined to the sub-littoral marine environment. Dunlin is mainly found on the intertidal areas in the SPA. Thus, dunlin is outside of the zone of influence of the project. The project will not significantly affect the population trend or distribution of wintering dunlin. Therefore, dunlin is not considered further in the NIS.

Black-tailed To maintain the Black-tailed godwit is amber-listed in Ireland as the majority winter at less than ten sites. The site is designated No Godwit favourable conservation for wintering black-tailed godwit. Birds feed on intertidal mudflats, brackish pools and rough grassland. While the condition. project may take place during the wintering season, any water quality impacts will be confined to the sub-littoral marine environment. Black-tailed godwit is mainly found on the intertidal areas in the SPA. Thus, black-tailed godwit is outside of the zone of influence of the project. The project will not significantly affect the population trend or distribution of wintering black-tailed godwit. Therefore, black-tailed godwit is not considered further in the NIS.

Bar-tailed To maintain the Bar-tailed godwit is amber-listed in Ireland as the majority winter at less than ten sites. The site is designated for No Godwit favourable conservation wintering bar-tailed godwit. Bar-tailed godwit feed on intertidal mudlfats. While the project may take place during condition. the wintering season, any water quality impacts will be confined to the sub-littoral marine environment. Bar-tailed godwit is mainly found on the intertidal areas in the SPA. Thus, bar-tailed godwit is outside of the zone of influence of the project. The project will not significantly affect the population trend or distribution of wintering bar- tailed godwit. Therefore, bar-tailed godwit is not considered further in the NIS.

Curlew To maintain the Curlew is red-listed due to a long-term decline in its breeding and wintering population and its breeding range. No favourable conservation The site is designated for wintering curlew. There are no recent records of breeding on the Dingle Peninsula. condition. Curlew winter in the estuary and coastal grasslands and feed on intertidal mudlfats. They nest in bogs, damp meadows and farmland. While the project may take place during the wintering season, any water quality impacts will be confined to the sub-littoral marine environment. Curlew is mainly found on the intertidal areas in the SPA. Thus, curlew is outside of the zone of influence of the project. The project will not significantly affect the population trend or distribution of wintering curlew. Therefore, curlew is not considered further in the NIS.

Redshank To maintain the Redshank is red-listed due to a long-term decline in its breeding population. The site is designated for wintering No favourable conservation redshank. Very small numbers of redshank breed in the midlands. Redshank feed along the shore of estuaries condition. and along muddy river channels. While the project may take place during the wintering season, any water quality impacts will be confined to the sub-littoral marine environment. Redshank is mainly found on the intertidal areas in the SPA. Thus, redshank is outside of the zone of influence of the project. The project will not significantly affect the population trend or distribution of wintering redshank. Therefore, redshank is not considered further in the NIS.

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Turnstone To maintain the Turnstone is green-listed. The site is designated for wintering turnstone. It is found on rocky coasts, shorelines No favourable conservation with stones and seaweed, harbours and piers and feeds by turning over stones or tossing seaweed aside in condition. search of food items. While the project may take place during the wintering season, any water quality impacts will be confined to the sub-littoral marine environment. Turnstone is mainly found on the intertidal areas in the SPA. Thus, turnstone is outside of the zone of influence of the project. The project will not significantly affect the population trend or distribution of wintering turnstone. Therefore, turnstone is not considered further in the NIS.

Black-headed To maintain the Black-headed gull is red-listed due to a long term decline in its breeding population. The site is designated for No Gull favourable conservation wintering black-headed gull. Black-headed gull are widespread during the winter along the coast and inland. They condition. are a very common widespread breeding species nesting in colonies in sand dunes, coastal islands, moorland polls, bogs and on freshwater lake islands and takes a wide variety of food items including fish, worms, molluscs, insects and plant material. While the project may take place during the wintering season, any water quality impacts will be confined to the sub-littoral marine environment. In winter it is found on inland pastures and ploughed fields, reservoirs, and on coastal estuaries and mudflats. Thus, the black-headed gull is outside of the zone of influence of the project. The project will not significantly affect the population trend or distribution of wintering black-headed gull. Therefore, black-headed gull is not considered further in the NIS.

Common Gull To maintain the Common-gull is amber-listed for a decline in its breeding range. The site is designated for wintering common gull. No favourable conservation Common gull is widespread along the coast in winter and found on estuaries, mudflats, coastal fields and on condition. inland lakes and pastures and feeds on a wide range of insects, molluscs, worms and fish. While the project may take place during the wintering season, any water quality impacts will be confined to the sub-littoral marine environment. Common gull is mainly found on the intertidal areas in the SPA. Thus, common gull is outside of the zone of influence of the project. The project will not significantly affect the population trend or distribution of wintering common gull. Therefore, wintering common gull is not considered further in the NIS.

Wetland and To maintain the The proposed works will not result in any habitat loss of wetlands supporting waterbirds. Therefore, it is No Waterbirds favourable conservation considered that the project will not significantly affect wetlands and waterbirds. condition.

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2.8 Conservation Objectives of Magharee Islands SAC

2.8.1 European Site Description

A description of the Magharee Islands SAC is provided in the NIS Section 6.1.4.1, with reference to the NPWS Site Synopsis.

2.8.2 Qualifying Features and Conservation Objectives

The Qualifying Interests (QI) and the associated detailed conservation objectives (CO) of the Magharee Islands SAC are outlined in the NIS Section 6.1.4.2 Table 10. This table also identified the QIs for which there are potential pathways for significant effects as a result of the proposed project. Where potential pathways for adverse impact on a QI were not identified, these QIs have not been considered further in the NIS. A rationale is given for each decision. The QI and CO of the Magharee Islands SAC and a rationale for whether or not it is assessed in the NIS are provided in Table 2.5 below. Only those QIs with the potential for connectivity with the proposed works, as described in Table 3.2 of RPS’ Screening for AA Technical Review have been included.

Table 2.5 Qualifying Interests of Magharee Islands SAC (002261)

Qualifying Conservation Rationale (from NIS, Table 10) Assessed Feature Objective in NIS

Reefs To maintain the Reef habitats are widespread marine features with immobile hard Yes favourable substrate available for colonisation by epifauna (NPWS, 2013). conservation Shallow water reefs occur around and between the islands. The condition. closest islands to the dumpsite are Illaunnabarnagh and Mucklaghmore, which are separated from the main Magharee Islands north of the Maghareee Peninsula by a distance of 4.9km. The increased suspended sediments in the water column will either deposit on the seabed within and outside of the bay, while the finer fractions may remain in suspension. There is a risk of disturbance or displacement of epifauna from deposition of sediment.

2.9 Conservation Objectives of Magharee Islands SPA

2.9.1 European Site Description

A description of the Magharee Islands SPA is provided in the NIS Section 6.1.5.1, with reference to the NPWS Site Synopsis.

2.9.2 Qualifying Features and Conservation Objectives

The Special Conservation Interest (SCI) species and the associated conservation objectives (CO) of the Magharee Islands SPA are outlined in the NIS Section 6.1.5.2 and Table 12. This table also identified the SCIs for which there are potential pathways for significant effects as a result of the proposed project. Where potential pathway for adverse impact on an SCI were not identified, these have not been considered further in the NIS. A rationale is given for each decision. The SCI species and COs of the Magharee Islands SPA and a rationale for whether or not they are assessed in the NIS are provided in Table 2.6 below. Only those SCI species with the potential for connectivity with the proposed works, as described in Table 3.2 of RPS’ Screening for AA Technical Review have been included.

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Site-specific COs for Magharee SPA have not been published, therefore the general CO for the site has been used for each SCI species. Table 2.6 SCI Species of Magharee Islands SPA (004125)

Qualifying Conservation Objective Rationale (from NIS, Table 12) Assessed Feature in NIS

Storm To maintain or restore the Storm petrel is red-listed because of its localised breeding. The No Petrel favourable conservation site is designated for breeding storm petrel. It nests in crevices condition of the bird in walls, under rocks and in burrows. The is the species listed as Special largest colony in the UK and Ireland and the second largest in Conservation Interests for the world. Numbers on the Magharee Islands numbered 1,244 this SPA in 2007. Following breeding the species disperses to the open sea. Storm petrel feeds on a wide variety of marine food items, including small fish and plankton. The project may take place during the wintering season but dredging may take place in March/April/May in the breeding season. Breeding storm petrel leave the nests during the day to feed out at sea, beyond the dumpsite. Once suspended silt is transported out of the bay it is present at very low levels. Thus, the project will not significantly affect the population trend or distribution of breeding storm petrel. Therefore, storm petrel is not considered further in the NIS.

Shag To maintain or restore the Shag is amber-listed because the breeding population is No favourable conservation considered to be of international importance. The site is condition of the bird designated for a breeding population. A total of 271-284 pairs species listed as Special nested on six islands in 2007. Shags are predominantly marine Conservation Interests for in nature, rarely found inland, and in winter occur on open this SPA coastal waters. They feed on a wide variety of small fish and some crustaceans. The project will take place during the wintering/early breeding season. Once suspended silt is transported out of the bay it is present at very low levels. Thus, the project will not significantly affect the population trend or distribution of breeding shag. Therefore, shag is not considered further in the NIS.

Barnacle To maintain or restore the Barnacle goose is amber listed because of its local breeding No Goose favourable conservation population and the wintering population is considered to be of condition of the bird international importance. The site is designated for wintering species listed as Special birds. Barnacle geese arrive from Greenland and the main Conservation Interests for population is almost exclusively on the west coast. It is found this SPA on quiet, undisturbed grazing areas, especially favouring uninhabited islands and feeds on grass, rushes and other plant material. While the project will take place during the wintering season, any water quality impacts will be confined to the sub- littoral marine environment. Barnacle goose is mainly found on the intertidal areas in the SPA. Thus, barnacle goose is outside of the zone of influence of the project. The project will not significantly affect the population trend or distribution of wintering barnacle goose. Therefore, wintering barnacle goose is not considered further in the NIS.

Common To maintain or restore the Common-gull is amber-listed for a decline in its breeding range. No Gull favourable conservation The site is designated for breeding common gull. Common gull condition of the bird is widespread along the coast in winter and found on estuaries, species listed as Special mudflats, coastal fields and on inland lakes and pastures and Conservation Interests for feeds on a wide range of insects, molluscs, worms and fish. this SPA Common gull breeds in colonies on small lakes or coastal islands, usually nesting on the ground. A survey of the Magharees in 2007 found 178-187 breeding pairs on six islands. The project will take place during the wintering/early breeding season. Any water quality impacts will be confined to the sub-littoral marine environment. The project will not

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Qualifying Conservation Objective Rationale (from NIS, Table 12) Assessed Feature in NIS

significantly affect the population trend or distribution of wintering common gull. Therefore, breeding common gull is not considered further in the NIS.

Common To maintain or restore the Common tern is amber-listed for a decline in its breeding Yes Tern favourable conservation population as well as localised breeding. The site is designated condition of the bird for breeding common tern. Breeding usually takes place in species listed as Special colonies on small coastal and lake islands. Twelve pairs have Conservation Interests for been recorded breeding in the site in the NPWS Natura 2000 this SPA Form. In 2013 the colony on Illauntannig was abandoned though breeding did take place on other islands, though numbers were unknown. Common tern feed on a variety of small fish, sand eel and sprat, which are caught by diving from a height. Birds arrive from mid-March and begin breeding in April. Were the dredging operation to take place in breeding season, there is potential for a temporary increase in turbidity from an increase in suspended solids in the water column to temporarily affect feeding success of common tern. Therefore, based on this and the precautionary principle, there is potential for significant impact to common tern.

Arctic Tern To maintain or restore the Arctic tern is amber-listed for a decline in its breeding Yes favourable conservation population as well as localised breeding. The site is designated condition of the bird for breeding arctic tern. Breeding usually takes place on small species listed as Special islands and undisturbed shorelines. A total of 164 pairs have Conservation Interests for been recorded breeding in the site in the NPWS Natura 2000 this SPA Form. Arctic tern feed on a variety of small fish, sand eel and sprat, which are caught by diving from a height. Birds arrive from mid-March and begin breeding in April. Were the dredging operation to extend into the month of April/May, there is potential for increased turbidity to temporarily affect feeding success of arctic tern. Therefore, based on this and the precautionary principle, there is potential for significant impact to arctic tern.

Little Tern To maintain or restore the Little tern is amber-listed for a decline in its breeding population Yes favourable conservation as well as localised breeding. The site is designated for condition of the bird breeding little tern. Breeding usually takes place in small species listed as Special colonies on shingle and sandy beaches. Thirty-six pairs have Conservation Interests for been recorded breeding in the site in the NPWS Natura 2000 this SPA Form. Arctic tern feed on a variety of crustaceans and small fish, sand eel and sprat, which are caught by diving from a height. Birds arrive from mid-March and begin breeding in April. Were the dredging operation to extend into the month of April/May, there is potential for increased turbidity in the water column to temporarily affect feeding success of little tern. Therefore, based on this and the precautionary principle, there is potential for significant impact to little tern.

2.10 Conservation Objectives of Lower River Shannon SAC

2.10.1 European Site Description

A description of the Lower River Shannon is provided in the NIS Section 6.1.6.1, with reference to the NPWS Site Synopsis.

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2.10.2 Qualifying Features and Conservation Objectives

The QIs and the associated conservation objectives (CO) of the Lower River Shannon SAC are outlined in the NIS Section 6.1.6.1 and Table 15. This table also identified the QIs for which there are potential pathways for significant effects as a result of the proposed project. Where potential pathway for adverse impact on a QI were not identified, these have not been considered further in the NIS. A rationale is given for each decision. The QIs and COs of the Lower River Shannon SAC and a rationale for whether or not they are assessed in the NIS are provided in Table 2.7 below. Only those QIs with the potential for connectivity with the proposed works, as described in Table 3.2 of RPS’ Screening for AA Technical Review have been included.

Table 2.7 Qualifying Interests of the Lower River Shannon SAC (002165)

Qualifying Feature Conservation Rationale (from NIS, Table 15) Assessed Objective in NIS

Sandbanks which To maintain the The likely extent of sandbanks within the SAC has been mapped No are slightly covered favourable as occurring south of the coastline between Kilcloher Head and by sea water all the conservation Cloonconeen Point and west-northwest of Ballybunnion in the time condition. mouth of the Shannon Estuary (COS 002165), at a remove of in excess of 30km from the dumpsite. According to the STM, finer silt and sand fractions, which do not settle out at or in the vicinity of the dumpsite, will be flushed out to sea in a northwest direction away from the mouth of the Shannon Estuary. Considering the use of the suction hopper dredger and the dredging methodology, the zone of influence of the dredge material and the shallow and dynamic nature of the sub-littoral sediments, it is considered that the sandbank habitat type will not be significantly affected by the proposed dredging at Fenit Harbour. Therefore, sandbank habitat type will not be considered further in the NIS.

Estuaries To maintain the The COS 002165 has mapped the extent of the estuary No favourable eastwards from Carrig Island on the southern shores of the conservation Shannon Estuary to Aylevarroo Point on the northern shore. condition. According to the STM, finer silt and sand fractions, which do not settle out at or in the vicinity of the dumpsite, will be flushed out to sea in a northwest direction away from the mouth of the Shannon Estuary. Considering the use of the suction hopper dredger and the dredging methodology, the zone of influence of the dredge material and the shallow and dynamic nature of the sub-littoral sediments, it is considered that the estuary habitat type will not be significantly affected by the proposed dredging at Fenit Harbour. Therefore, estuary habitat type will not be considered further in the NIS.

Mudflats and To maintain the Both the Fergus and inner Shannon Estuaries feature vast No sandflats not favourable expanses of intertidal mudflats. Within the SAC, mudflats are covered by seawater conservation mapped as occurring south of Ballybunnion, at Bunaclugga Bay, at low tide condition. Querrin Point and Poulnasherry Bay. Other areas of mudflats occur further east within the estuary channel. The closest area of mudflats within the COS 2165 is located at a remove of approximately 30km from the dumpsite. The impact from the dredging and dumping operation will be limited to the marine sub-littoral environment; significant intertidal impacts to this habitat type are not expected to occur. Therefore, this habitat type, mudflats and sandflats not covered by seawater at low tide, is not considered further in the NIS.

Large shallow inlets To maintain the The site supports an excellent example of a large shallow inlet No and bays favourable and bay. Littoral sediment communities in the mouth of the Shannon Estuary occur in areas that are exposed to wave action

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Qualifying Feature Conservation Rationale (from NIS, Table 15) Assessed Objective in NIS

conservation and also in areas extremely sheltered from wave action (COS condition. 002165). The entire mouth of the Shannon Estuary extending eastwards as far as Carrig Island is mapped within the COS 002165 as large shallow inlets and bays. According to the STM, finer silt and sand fractions, which do not settle out at or in the vicinity of the dumpsite, will be flushed out to sea in a northwest direction away from the mouth of the Shannon Estuary. Considering the use of the suction hopper dredger and the dredging methodology, the zone of influence of the dredge material and the shallow and dynamic nature of the sub-littoral sediments, it is considered that the large shallow inlets and bays habitat type will not be significantly affected by the proposed dredging at Fenit Harbour. Therefore, large shallow inlets and bays habitat type will not be considered further in the NIS.

Reefs To maintain the The intertidal reefs in the Shannon Estuary are exposed or No favourable moderately exposed to wave action and subject to moderate conservation tidal streams. The infralittoral reefs range from sloping platforms condition. with some vertical steps, to ridged bedrock with gullies of sand between the ridges, to ridged bedrock with boulders or a mixture of cobbles, gravel and sand. The communities found are tolerant to sand scour and tidal streams (COS 002165). According to the COS 002165, reef habitats covers an extensive area within the mouth of the Shannon Estuary, with additional areas extending eastwards into the channel. According to the STM, finer silt and sand fractions, which do not settle out at or in the vicinity of the dumpsite, will be flushed out to sea in a northwest direction away from the mouth of the Shannon Estuary. Considering the use of the suction hopper dredger and the dredging methodology, the zone of influence of the dredge material and the shallow and dynamic nature of the sub-littoral sediments, it is considered that the large shallow inlets and bays habitat type will not be significantly affected by the proposed dredging at Fenit Harbour. Therefore, large shallow inlets and bays habitat type will not be considered further in the NIS.

Salicornia and other To maintain the Salicornia and other annuals colonizing mud and sand is No annuals colonising favourable classified by Fossitt (2000) as lower salt marsh. This habitat type mud and sand conservation is a pioneer saltmarsh community that may occur on muddy condition. sediment seaward of established saltmarsh or form patches within other saltmarsh communities where the elevation is suitable and there is regular tidal inundation (NPWS, 2013). Within Lower River Shannon SAC the areas of Salicornia habitat are limited. This habitat-type has been recorded at Carrigafoyle, Aughinish, Owenshere, Knock, Querin and Rinevilla Bay (McCorry & Ryle, 2009). The impact from the dredging and dumping operation will be limited to the marine sub-littoral environment; significant intertidal impacts to this habitat type are not expected to occur. Therefore, this habitat type, Salicornia and other annuals colonizing mud and sand, is not considered further in the NIS.

Atlantic salt To restore the Atlantic salt meadows are classified by Fossitt (2000) as lower No meadows (Glauco- favourable salt marsh. Atlantic salt meadows is the dominant saltmarsh Puccinellietalia conservation habitat at the site, and has been recorded at ten sub-sites maritimae) condition. throughout the SAC as part of a national saltmarsh monitoring project (McCorry & Ryle, 2009). The closest mapped area of Atlantic salt meadow is located at Cloonconeen Point, with potential Atlantic salt meadow habitat located adjacent to the Cashen River estuary, south of Ballybunnion (COS 002165). The impact from the dredging and dumping operation will be limited to the marine sub-littoral environment; significant

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Qualifying Feature Conservation Rationale (from NIS, Table 15) Assessed Objective in NIS

intertidal impacts to this habitat type are not expected to occur. Therefore, this habitat type, Atlantic salt meadows, is not considered further in the NIS.

Mediterranean salt To maintain the Mediterranean salt meadows are classified by Fossitt (2000) as No meadows (Juncetalia favourable upper salt marsh. Mediterranean salt meadows are more maritimi) conservation restricted in their distribution and size, being recorded from eight condition. of the ten sub-sites surveyed under the SMP 2007-2009 (McCorry & Ryle, 2009). The closest mapped area of Mediterranean salt meadow is located at Cloonconeen Point, with potential Mediterranean salt meadow habitat located adjacent to the Cashen River estuary, south of Ballybunnion (COS 002165). The impact from the dredging and dumping operation will be limited to the marine sub-littoral environment; significant intertidal impacts to this habitat type are not expected to occur. Therefore, this habitat type, Mediterranean salt meadows, is not considered further in the NIS.

Freshwater Pearl To restore the Freshwater pearl mussels are relatively large, long-lived bivalve No Mussel favourable molluscs which occur in rivers, streams and lakes. They typically conservation occur in clean, fast-flowing, well-oxygenated rivers, which have condition. unconsolidated substrates. Freshwater pearl mussel occurs abundantly in parts of the Cloon River which empties into Clonderalaw Bay in the Shannon Estuary. The impact from the dredging and dumping operation will be limited to the marine sub-littoral environment; significant impacts to freshwater river systems which could result in either direct or indirect impacts to freshwater pearl mussel will not occur. Therefore, this species, freshwater pearl mussel, is not considered further in the NIS.

Sea Lamprey To restore the Sea lamprey and river lamprey have a similar life history No favourable spending their adult life in marine and estuarine waters living as conservation external parasites on other fish species. Both species migrate condition. upriver to spawn in areas of clean gravel after which they die. Sea lamprey is known to spawn within the lower Shannon and its tributaries (site synopsis 002165). The STM results indicate that finer silt and sand fractions, which do not settle out at or in the vicinity of the dumpsite, will be flushed out to sea in a northwest direction away from the mouth of the Shannon Estuary. Due to the intervening distance between the subject area and the SAC and the outputs of the STM, significant effects on the conservation objectives of sea lamprey are not expected as a result of the dredge works and associated disposal activities. Therefore, this species, sea lamprey, is not considered further in the NIS.

River Lamprey To restore the Sea lamprey and river lamprey have a similar life history No favourable spending their adult life in marine and estuarine waters living as conservation external parasites on other fish species. Both species migrate condition. upriver to spawn in areas of clean gravel after which they die. River lamprey is known to spawn within the lower Shannon and its tributaries (site synopsis 002165). The STM results indicate that finer silt and sand fractions, which do not settle out at or in the vicinity of the dumpsite, will be flushed out to sea in a northwest direction away from the mouth of the Shannon Estuary. Due to the intervening distance between the subject area and the SAC and the outputs of the STM, significant effects on the conservation objectives of river lamprey are not expected as a result of the dredge works and associated disposal activities. Therefore, this species, sea lamprey, is not considered further in the NIS.

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Qualifying Feature Conservation Rationale (from NIS, Table 15) Assessed Objective in NIS

Salmon To restore the Salmon are an anadromous species, living in freshwater for at No favourable least the first two or three years of life before migrating to sea. conservation Because salmon migrate upriver to spawn they are potentially condition. ubiquitous within any river system where they are present. Salmon is afforded full legal protection during the freshwater phase of its life cycle. Salmon have been observed spawning in the lower Shannon or its tributaries. The Fergus is important in its lower reaches for spring salmon, while the Mulkear catchment excels as a grilse fishery, though spring fish are caught on the actual Mulkear River. The Feale is important for both types (site synopsis 002165). The STM results indicate that finer silt and sand fractions, which do not settle out at or in the vicinity of the dumpsite, will be flushed out to sea in a northwest direction away from the mouth of the Shannon Estuary. Due to the intervening distance between the subject area and the SAC and the outputs of the STM, significant effects on the conservation objectives of sea lamprey are not expected as a result of the dredge works and associated disposal activities. Therefore, this species, sea lamprey, is not considered further in the NIS.

Bottlenose Dolphin To maintain the Bottle-nosed dolphins are medium-sized cetaceans which Yes favourable commonly occur in Irish waters. They are widespread along the conservation coastal waters of western Ireland with the largest resident condition. population of dolphins in Irish waters found in the Shannon Estuary, a critical habitat for this species. Bottle-nosed dolphin was the most commonly sighted marine mammal species during the last maintenance dredging campaign (2016) at Fenit Harbour (O'Dwyer, 2016). Given the close proximity of Tralee Bay to the Shannon Estuary SAC, it is likely that these sightings are of the Shannon population who has been previously recorded in the bay on a number of occasions (O'Brien & Berrow, 2017). Therefore, based on this and the precautionary principle, there is potential for significant disturbance/displacement impacts to bottle-nosed dolphins.

Otter (Lutra lutra) To restore the Otter has a widespread distribution throughout Ireland being No favourable found in a wide variety of aquatic habitats such as lakes, rivers, conservation streams, estuaries, marshland, canals and along the coast. They condition. are largely solitary animals which prey on a wide variety of vertebrate and invertebrate species, although the diet primarily comprises fish. The amount of time spent within different parts of an individual’s home range is related to prey abundance. Safe refuges where they can rest are also essential. Otters are highly territorial. The size of an otter’s territory is related to prey abundance. In low-lying rivers and lakes where plenty of prey is available an otter’s territory may only extend to 1-2km. On smaller rivers and in upland areas, where prey is less abundant, otters may maintain territories of up to 10-15km8. The STM results indicate that finer silt and sand fractions, which do not settle out at or in the vicinity of the dumpsite, will be flushed out to sea in a northwest direction away from the mouth of the Shannon Estuary. Due to the intervening distance between the subject area and the Lower River Shannon SAC and the outputs of the STM, significant effects on the conservation objectives of otter are not expected as a result of the dredge works and associated disposal activities. Therefore, this species, otter, is not considered further in the NIS.

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The following list of QIs / SCI species at their respective European sites are to be brought forward for assessment of impacts: Tralee Bay and Magharees Peninsula, West to Cloghane SAC • Large shallow inlets and bays • Reefs • Otter Akeragh, Banna and Barrow Harbour SAC No QIs identified with likelihood for adverse effects, therefore this site is not considered further in the AA. Tralee Bay Complex SPA • Scaup Magharee Islands SAC • Reefs Magharee Islands SPA. • Common tern • Arctic tern • Little tern Lower River Shannon SAC • Bottlenose dolphin

3.1 Tralee Bay and Magharees Peninsula, West to Cloghane SAC

3.1.1 Qualifying Interests

3.1.1.1 Large shallow inlets and bays

The NIS Section 6.1.1.2.1 states that the extent of the large shallow inlets and bays habitat type covers the marine environs of the site excluding the estuary in inner Tralee Bay, which is corroborated by the CO mapping by NPWS (NPWS, 2014a). The NIS lists the following community types and states that some are keystone communities (presented in bolded text) i.e. integral to the structure and function of the Annex I habitat type, large shallow inlets and bays, and other communities, which are the remaining constituent communities that are of structural importance: • Sand to sandy mud with polychaetes and bivalves community complex • Sand with Nephtys cirrosa community complex • Mixed sediment with crustaceans, bivalves and polychaetes community complex • Zostera-dominated community complex • Mytilus-dominated community • Sabellaria-dominated community complex • Ostrea edulis-dominated community • Intertidal reef community complex • Subtidal reef community complex

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• Laminaria-dominated reef community complex It is not clear whether these communities are found within the Tralee Bay and Magharees Peninsula, West to Cloghane SAC, or within the Annex I habitat generally. The NIS also states that Zostera, Mytilus, and Sabellaria-dominated communities are considered to be keystone communities that are of considerable importance to the overall ecology and biodiversity of a habitat by virtue of their physical complexity. Zostera meadows serve as important nursery grounds for fish species. Mytilus communities are a considerable food source for a number of bird species and along with Sabellaria communities provide a diversity of habitats for a large number of other species (NPWS, 2014). The study area of the proposed dredge location comprises sand with Nephtys cirrosa community complex. Ostrea edulis-dominated community occurs to the east of the pier while sub-tidal reef community complex occurs approximately 1km to the south of the harbour. Attributes and targets for the CO of the large shallow inlets and bays QI of the Tralee Bay and Magharees Peninsula, West to Cloghane SAC are provided in the NIS Table 4.

3.1.1.2 Reefs

The NIS Section 6.1.1.2.2 states this community complex occurs within Tralee Bay from Derrymore west to Aughacasla Point and in the centre of the bay from Little Samphire Island to Kilshannig Point. The substrate is that of flat or sloping bedrock, cobble/boulder flat or field or a mosaic of the two. It occurs in exposure regimes from sheltered to exposed reefs, in depths of between 0m and 30m. The species associated with this community include a variety of red foliose algae including Delesseria sanguinea, Callophyllis laciniata and Plocamium cartilagineum as well as the brown algae Dictyota dichotoma, the coralline algae, the sponge Cliona celata and the echinoderms Echinus esculentus and Marthasterias glacialis. P. cartilagineum is recorded throughout the complex while D. sanguinea along with Heterosiphonia plumosa are more abundant in deeper waters (14m to 25m). The hermit crab Pagurus bernhardus is also recorded within the complex. In areas subjected to sand scour the red algae Furcellaria lumbricalis and Polyides rotundus are common. Where sand occurs amongst boulders the anthozoan Anthopleura balli and the hydroid Sertularia cupressina are recorded. The red alga Chondrus crispus is recorded east of Kilshannig Point (NPWS, 2014). It is not immediately clear what specific community complex is being referred to, however, it is thought that the text refers to the subtidal reef community complex as described in the site-specific COs for the SAC. Mapping of reef habitat in CO supporting document (NPWS, 2014a) shows that no reef habitat occurs within the immediate vicinity of Fenit Harbour, although reef is mapped to the south of Tralee Bay, as described above. Attributes and targets for the CO of the reefs QI of the Tralee Bay and Magharees Peninsula, West to Cloghane SAC are provided in the NIS Table 5.

3.1.1.3 Otter (Lutra lutra)

The NIS Section 6.1.1.2.3 states that Otter has a widespread distribution throughout Ireland being found in a wide variety of aquatic habitats such as lakes, rivers, streams, estuaries, marshland, canals and along the coast. They are largely solitary animals which prey on a wide variety of vertebrate and invertebrate species, although the diet primarily comprises fish. In broad terms the diet of otter varies locally and seasonally, but dominated by fish, in particular salmonids, eels and sticklebacks in freshwater (Bailey and Rochford, 2006) and wrasse and rockling in coastal waters. The amount of time spent within different parts of an individual’s home range is related to prey abundance. Due to a high metabolic rate - important for generating body heat – otters require plenty of prey. Therefore, for a territory to be viable there needs to be high potential prey biomass available. Otters are highly territorial and this behaviour, which itself is related to the availability of essential resources, has implications on how many otters can reside along a given stretch of river or coastline. Territories are only held against members of the same sex, so those of males and females may overlap (Erlinge, 1968). The breeding season is variable, with a peak of births from May to August – though cubs may be born at any time of year. Their preferred habitat has good cover of vegetation, such as scrub with a herbaceous under layer. Because otters are mainly nocturnal they require access to safe refuges to use as denning sites, known as holts, within which they remain for most of the day. Holts are the main den locations used by otters and these are most commonly situated underground along a river’s bank or among the root systems of trees. Several holts

MGE0778RP0007 | Appropriate Assessment Report - | F01 | 25 January 2021 rpsgroup.com Page 23 REPORT will be located within an individual’s territory and daytime lying up sites known as couches will also be used at ground level within vegetated areas. Couches are often linked to waterways by regularly used paths. The NIS states that otter are known to occur and breed within the site, however no project-specific survey of otter presence was carried out to determine distribution or abundance of the species within the ZOI of the project. Attributes and targets for the CO of the otter QI of the Tralee Bay and Magharees Peninsula, West to Cloghane SAC are provided in the NIS Table 6.

3.1.2 Impacts on Qualifying Interests

The following potential pathways for impact to the QIs in Tralee Bay and Magharees Peninsula, West to Cloghane SAC were identified in the Screening for AA Report and the NIS:

3.1.2.1 Habitat loss

There will be a loss of subtidal habitat and associated species within the dredged areas. The NIS provides results from a benthic survey in 2009 which describes communities within Fenit inner harbour as species poor, with low diversity and individual abundances. Stations sampled east of the eastern breakwater and in the manoeuvring area were also species poor. No ‘keystone communities’ such as Zostera, Sabellaria or Mytilus-dominated community complexes were identified. Although these data are now 11 years old, as the harbour and marina has since been maintenance dredged (most recently in 2016), it is unlikely that any long- lived or sensitive communities have established. The primary community type has been identified as ‘Sand with Nephtys cirrosa community complex’ of which approximately 11.8 ha will be removed. This removal is considered a temporary to short-term impact as it will likely recover in time as sediment deposits and larvae recolonise the dredged areas. The current area of this community type within the SAC is 2,435 ha, leading to a loss of approximately 0.5% of this community type and 0.17% of the large shallow inlets and bays Annex I habitat type within the site. Due to the inherent recoverability of this habitat type and the small-scale nature of the loss, this is not considered to represent an adverse effect on the integrity of the site. Due to the location of the proposed project, no reef communities will be impacted as a result of habitat loss.

3.1.2.2 Habitat alteration – suspended sediments

There is potential for the alteration of habitats from suspended and deposited sediments during the proposed project from two sources: 1. Loss of dredge material from the dredge bucket and overflow of the hopper during the dredging operation at Fenit Harbour, and 2. The dumping operation at the dumpsite. Dredging operation Approximately 3% of the material dredged is expected to be lost from the dredge bucket, with a similar percentage expected to be lost through overflow of the hopper. It is predicted that the greatest increase in suspended sediment concentration will occur in the vicinity of the dredge vessel. Sand and gravel (>2mm) will deposit within 1 km of the dredge site, whereas silt will likely remain in suspension with the potential for transport. This is a temporary impact as once each stage of dredging is completed some of the material will settle out and be deposited on the seabed and some will remain in suspension within the water column. Sediment transport modelling (STM) in the vicinity of the dredge site found that tidal currents were relatively low with low quantities of suspended sediments transported east from the dredge site. There is a potential for sediment deposition on the habitats within the modelled ZOI of the dredge (immediately east of the dredge site), namely ‘Sand with Nephtys cirrosa community complex’ and Ostrea edulis-dominated community. Neither habitat is considered a ‘keystone constituent’ of large shallow inlets and bays. Nephtys cirrosa community complex’ is not considered particularly sensitive to low-level deposition of sediments, however, oysters (Ostra edulis) are sensitive to increased suspended sediments. Results from STM suggest that volumes of suspended sediments in this area will be relatively low (between 0.006kg/m3 and 0.06kg/m3). The maximum concentrations of suspended sediment are predicted to be 50mg/l after 50

MGE0778RP0007 | Appropriate Assessment Report - | F01 | 25 January 2021 rpsgroup.com Page 24 REPORT days. The following mitigation measures are proposed to avoid and reduce significant effects to the Ostrea edulis-dominated community within the site: • Dredging will not take place during the oyster spatting season of June and July to avoid interaction with oyster spat. • Water quality controls will be in place during dredging operations to ensure that suspended sediment concentrations in the water column meet the requirements of the shellfish regulations. All keystone communities are all well outside of the ZOI of the dredge. Considering the extent of the ZOI of the dredge area, the background turbid nature of the inner bay and the temporary nature and low concentrations of suspended sediments modelled, it is not considered likely that significant volumes of dredge material will deposit on and therefore alter the constituent communities of large shallow inlets and bays. Annex I reefs within the Tralee Bay and Magharees Peninsula, West to Cloghane SAC are mapped in the CO supporting document for the site. The reef communities are outside of the ZOI as predicted by STM, and levels of suspended sediments (and sediment to be deposited) are relatively low, therefore it is considered that there will be no alteration to reef habitats as a result of sediment deposition from the dredging operation. Dumping operation STM indicates that the part of Tralee Bay and Magharees Peninsula, West to Cloghane SAC west of Fenit Harbour is within the ZOI of deposited or suspended dumpsite material, while Inner Tralee Bay is outside of the ZOI. The QIs within the ZOI include large shallow bays and inlets and reefs. The following constituent communities of the large shallow inlets and bays habitat occur: Sand with Nephtys cirrosa community complex, Mixed sediment with crustaceans, bivalves and polychaetes community complex, Ostrea edulis- dominated community, Subtidal reef community complex and Zostera-dominated community complex. Of these community types, Zostera-dominated community complex is a keystone constituent. Subtidal reef community complex is also a constituent community of the reefs QI. The STM for deposition over the 50-day period shows the deposition of sand and silt in the vicinity of the dumpsite with small volumes entering the SAC. There will be a temporary impact on turbidity levels in the water column, but this will reduce over time as the material settles out or disperses in the coastal system. The general tendency over the 50-day simulation period is for the silt deposition to migrate southwards, then westward and eventually northwards out of Tralee Bay and westward to open sea. Most of the deposition within the SAC boundary occurs on the mixed sediment with crustaceans, bivalves and polychaetes community complex and the subtidal reef community complex. Depositions rates in this area are generally up to 0.5 kg/m2, and as these communities are in an exposed location, it is considered that this is a temporary impact as natural currents will re-disperse materials. Minimal deposition will occur on the edges of the Zostera-dominated community complex and Ostrea edulis-dominated community to the west of the bay, and there will be a short-term increase in turbidity as the sediment plume disperses through the area. Due to the low levels of sediment in suspension, the temporary nature of the effect, and the mitigation measures proposed (see Section 5) it is not considered that this will constitute an adverse effect on the constituent communities of the large shallow inlets and bays or reef QIs in the SAC.

3.1.2.3 Water quality - contaminants

Potential water quality effects arising as a result of the proposal include an increased risk of release of contaminants into the marine environment from either benthic sediments or anthropogenic sources. Sediment samples within the loading areas were below the lower Irish action limits for organochlorines, PCBs and hydrocarbons. Several metals were above the lower action limit; including arsenic (As) and nickel (Ni) which were slightly above the lower action limit at multiple locations, however, current Irish action limits for As and Ni are conservative due to a scarcity of data (Marine Institute, 2019). At one sampling location, zinc (Zn) was above the lower action limit , while copper (Cu) was above the upper action limit, however, this is considered to be a localised contamination and sediment from this location will not be dredged. Overall, the sediment to be dredged and dumped at sea is considered clean and typical of background levels. There is a risk of fuel spillage or the release of oils from the dredge vessel, however standard best practise guidelines will be adhered to which will minimise this risk, and appropriate fuel management measures have been outlined in the proposed mitigation. With this mitigation in place, significant water quality impacts to the Tralee Bay and Magharees Peninsula, West to Cloghane SAC and all other European sites are not expected.

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3.1.2.4 Disturbance and/or displacement of species

The NIS identified that otter may be subject to disturbance/displacement impacts arising from the release of fugitive noise emissions and/or increased human activity, or indirectly via water quality impacts. The works will result in the release of some limited fugitive noise emissions/increased human activity for the duration of each dredge event. As otters may occasionally occur in the vicinity of the site they may, therefore, be subject to some degree of disturbance/displacement impacts as a result of this; however, given existing vessel operations in the area i.e. fishing vessels, lifeboat, etc., otters in the area are expected to be habituated to at least some degree of activity within the vicinity of the harbour. While the proposal may result in avoidance of the area by otters this is expected to occur only during such times as when dredging works are taking place. Bearing the above factors in mind, it is considered highly unlikely that the proposal has the potential to result in significant disturbance/displacement impacts to otter given the nature of the works, the minor scale and temporary nature of the proposal. The NIS proposes mitigation measures in the form of marine mammal monitoring; however, these mitigation measures are unsuited to otters. It is considered unnecessary to provide underwater noise mitigation for otters due to the very low likelihood of otters occurring within the ZOI for noise disturbance from the dredge vessels. The proposal is not expected to result in any significant impairment of water quality which could significantly impact on the prey resource of otter. Fish biomass available may be potentially affected by a local reduction in water quality, particularly in the vicinity of the harbour, which could result in a temporary impact to foraging otter; however otters also eat crab, sea urchins and molluscs so their food source in general is unlikely to be significantly affected. Any water quality impacts arising from the proposal will be localised and will be temporary in nature.

3.2 Tralee Bay Complex SPA

3.2.1 Special Conservation Interest Species

3.2.1.1 Scaup

The NIS Section 6.1.3.2.1 states that scaup, often referred to as the greater scaup, is a common winter visitor to Tralee Bay and to Lough Gill and Sandy Bay on the Dingle Peninsula. Scaup is a common winter visitor from breeding grounds in Iceland and Scandinavia. It is found on open coastal water, bays and also on freshwater lakes close to coastal localities. Scaup are amber-listed for localised wintering populations; where more than half of the wintering population is also limited to ten or fewer sites then the non-breeding population is considered localised. No project-specific survey of birds including scaup was undertaken to determine distribution or abundance of the species within the ZOI of the project. Attributes and targets for the CO of scaup in the Tralee Bay Complex SPA are provided in the NIS Table 9.

3.2.2 Impacts on SCI Species

The following potential pathways for impact to the SCI species in Tralee Bay Complex SPA were identified in the Screening for AA Report and the NIS:

3.2.2.1 Water quality and resource (indirect disturbance/displacement)

The NIS identified that scaup could be temporarily displaced from coastal feeding areas where they dive for small molluscs during the dredging operation, as a result of water quality impacts. Section 3.1.2.3 of this assessment has concluded that with appropriate mitigation measures in place, there will be no adverse effects to benthic habitats as a result of changes in water quality. Dredging operations will temporarily remove a small amount of benthic habitat from the Tralee Bay and Magharees Peninsula, West to Cloghane SAC (0.5% of the large shallow inlets and bays QI) with low levels of suspended sediment dispersing to the east of the dredge site.

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Evidence presented in the NIS suggests that scaup are opportunistic foragers, with the ability to exploit a range of alternative food sources, and a large proportion of the site will remain for scaup to forage for molluscs and crustaceans. It is expected that there will be no indirect displacement effects to scaup populations or distribution as a result of changes to prey availability or water quality. The NIS states that dredging has been taking place in Fenit on a regular basis since the capital dredge of 1996 and Tralee Bay now holds the third largest flock of scaup in the UK and Ireland despite regular dredging operations. This suggests that the presence of one additional vessel for 4-6 weeks in year one and 3-4 weeks each year thereafter for a total of eight years will not cause visual disturbance to scaup. 3.3 Magharee Islands SAC

3.3.1 Qualifying Interests

3.3.1.1 Reefs

The NIS Section 6.1.4.2.1 states that the shallow water reefs around and between the Magharee Islands consist of areas that are exposed to wave action on the west coasts of the islands, more sheltered on the east coasts and subject to weak or moderate tidal streams. For the most part, the reefs are a mixture of boulders, cobbles, pebbles and sand, but in some areas comprise solid bedrock. In shallow water areas that are sheltered from wave action, mixed kelp forests of Laminaria hyperborea, Saccorhiza polyschides and L. saccharina colonize larger boulders and bedrock. In areas exposed to wave action the reefs at depths of 19-28m are generally characterised by a community of foliose red algae, in particular Callophyllis laciniata, Schottera nicaeensis, Plocamium cartilagineum and Delesseria sanguinea and the hydroid Sertularia argentia, indicating the tide-swept nature of the habitats. Branching and cushion sponge may also be common in this community. This site is of conservation significance in particular for the reefs and associated communities which it hosts. The fact that the site supports important bird colonies adds further to its value (NPWS site synopsis). Attributes and targets for the CO of reefs in the Magharee Islands SAC are provided in the NIS Table 11.

3.3.2 Impacts on Qualifying Interests

The following potential pathways for impact to the QIs in Magharee Islands SAC were identified in the Screening for AA Report and the NIS:

3.3.2.1 Habitat alteration (water quality);

The NIS identified a risk of disturbance or displacement of epifauna associated with reef habitats within the Magharee Islands SAC as a result of deposition of sediment at the dumpsite. STM showed that sediment deposited at the dumpsite will initially move south, away from the eastern section of Magharee Islands SAC, and by the time the sediment plume begins to move in a north/northwesterly direction and reach the western section of the SAC, concentrations will be relatively low (generally around 1- 15 mg/l). The specific conservation objectives for reef habitat aim to maintain the permanent area and distribution of this habitat and do not refer to long- or short-term disturbance of the biology of the site. The CO document (NPWS, 2013) states that both the Laminaria-dominated community complex and the subtidal reef community complex of the site are both largely exposed reef regimes, suggesting that deposited silt will be easily resuspended, supporting the suggestion in the NIS that the deposition of silt on reef is a temporary impact, and tides and currents will eventually transport sediment out of the bay.

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3.4 Magharee Islands SPA.

3.4.1 Special Conservation Interest Species

3.4.1.1 Common tern

The NIS Section 6.1.5.2.1 states that common tern is an uncommon visitor from April to October, mainly around breeding sites on the Magharees. It has also bred on the Blasket Islands in the past. There has been a serious decline from about 200 pairs on the Magahree Islands in 1967. Common tern is amber-listed for both moderate and long-term declines as well as localised breeding with 50% or more of the total Irish breeding population concentrated into ten or fewer sites. Specific conservation objectives for common tern were not available for the Magharee Islands SPA, therefore the applicant used the attributes and targets which have been set for common tern at Cork Harbour SPA (004030) to define the favourable conservation condition for this species.

3.4.1.2 Arctic tern

The NIS Section 6.1.5.2.2 states that Arctic tern is a common summer visitor and passage migrant between April and October and breeds on the Blasket Islands and the Magharee Islands. Arctic tern is amber-listed for both moderate and long-term declines as well as localised breeding with 50% or more of the total Irish breeding population concentrated into ten or fewer sites. Specific conservation objectives for Arctic tern were not available for the Magharee Islands SPA, therefore the applicant used the attributes and targets which have been set for common tern at Cork Harbour SPA (004030) to define the favourable conservation condition for this species.

3.4.1.3 Little tern

The NIS Section 6.1.5.2.2 states that little tern is a scarce summer visitor and rare passage migrant. There is only one colony in Kerry on the Magharee Islands. Little tern is amber-listed for both moderate and long-term declines as well as localised breeding with 50% or more of the total Irish breeding population concentrated into ten or fewer sites. Specific conservation objectives for little tern were not available for the Magharee Islands SPA, therefore the applicant used the attributes and targets which have been set for little tern at Wexford Harbour and Slobs SPA (004076) to define the favourable conservation condition for this species (note: the text in the NIS states ‘common tern’ but this is assumed to be a typographical error as the little tern is protected at Wexford Harbour and Slobs SPA). .

3.4.2 Impacts on SCI Species

The following potential pathways for impact to the SCI species in Magharee Islands SPA were identified in the Screening for AA Report and the NIS:

3.4.2.1 Water quality and resource (indirect disturbance/displacement)

Dredging is proposed to take place between February and May with a maximum duration of 4-6 weeks, which has the potential to coincide with the breeding season of common, Arctic and little tern. There is the potential for impacts to the feeding success of breeding terns from increased suspended sediment concentrations from the dumpsite. Terns feed on sand eels and sprat on sand habitats and an increase in turbidity may result in displacement to areas with less turbidity. Accurate numbers and breeding locations within the SPA are unknown. Generally, STM shows that the majority of sand and silt is deposited in close proximity to the dumpsite relatively rapidly, with lower concentrations (up to 0.5 kg/m2) reaching the eastern islands of the SPA by 18 days and very little deposition occurring within the western boundary of the SPA. The suspended sediment plume disperses south initially, completely avoiding the eastern islands. This sediment plume then moves north/northwest and reaches the western islands of the SPA after 38 days; however, concentrations are low (generally around 1 – 15 mg/l). As mentioned in Section 3.3.2.1, the habitats in the Magharees Islands SAC are generally exposed, suggesting that these slightly increased suspended sediment concentrations will be dispersed out to sea. Additionally, the CO document for the

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Magharees Islands SAC show that the majority of the habitat surrounding the Magharee Islands is mapped as reef habitat, which suggests that breeding terns will forage in sandy areas beyond the boundaries of the site, utilising the wider sea area. Accurate numbers of breeding common and Arctic tern are not available for this SPA, however, the NIS provides evidence that numbers of breeding little tern pairs remained stable, even increasing slightly from 2008 to 2011, despite dredging and disposal within the breeding season. This suggests that breeding success does not appear to have been affected by previous dredge campaigns.

3.5 Lower River Shannon SAC

3.5.1 Qualifying Interests

3.5.1.1 Bottlenose dolphin

The largest resident population of bottlenose dolphin in Irish waters is found in the Shannon Estuary. The NIS states that the species has been assessed as having a Conservation Status of ‘Favourable’ (NPWS, 2013a). The dolphins show long term site fidelity in the Shannon. Research since 1993 has shown that the dolphins are resident within the area occurring throughout the year. The same individuals are recorded repeatedly over many years (NPWS, 2012). The site is also an important calving area (Ingram, 2000 cited in Berrow et al. 2010) with calves mainly being born in the summer months (May-Sept) (NPWS, 2012). Areas within the estuary in which dolphins are frequently recorded are classified as ‘Critical habitat’ for the species, although the vast majority of the estuary is considered to be suitable habitat and within the species range (NPWS, 2012). The Marine Mammal Risk Assessment carried out for the application found that bottlenose dolphin were the most frequently recorded species in Tralee Bay between 2000 and 2017 with a total of 19 sightings. Group sizes ranges from 2 to 55 individuals and given the close proximity to the Lower River Shannon SAC, it is likely that these individuals were from the Shannon Estuary population. Attributes and targets for the CO of bottle nose dolphin in the Lower River Shannon SAC are provided in the NIS Table 16.

3.5.2 Impacts on Qualifying Interests

The following potential pathways for impact to the QIs in Lower River Shannon SAC were identified in the Screening for AA Report and the NIS: • Water quality and resource; • Disturbance and/or displacement of species. Dredging operation The Marine Mammal Risk Assessment carried out for the application found that bottlenose dolphin was found in Tralee Bay during the summer months and were mainly recorded around the Magharees and Brandon Bay areas, up to 15 km from Fenit Harbour. As a result, it is not considered that dredging operations will have an adverse effect on the species due to a lack of spatial overlap. Dumping operation Bottlenose dolphin has been recorded in the vicinity of the dumpsite, and as a result there is potential for disturbance/displacement due to noise associated with the presence of the dredge vessel. Generally, as dredge operations emit low frequency noise into the marine environment, they are of less concern than other noise-emitting operations. It is unlikely that noise emissions from dumping sediment will cause injury to marine mammals, however the physical presence of the dredger and potentially the increased water turbidity may cause low level disturbance such as masking or temporary displacement. Marine mammal observations during the most recent dredging campaign in 2016 at Fenit found that bottlenose dolphins were present in the area, but displacement effects did not appear to occur. Given that the area is used for commercial fishing and leisure boating, the addition of one vessel is unlikely to add significant noise to an already active marine environment. Dredging and disposal will take place outside of the summer months when bottlenose dolphin use of the area is higher and as a precautionary mitigation measure, it is proposed to adhere to NPWS marine mammal mitigation guidelines during

MGE0778RP0007 | Appropriate Assessment Report - | F01 | 25 January 2021 rpsgroup.com Page 29 REPORT operations. As a result, it is concluded that there will be no adverse effects on the integrity of the Lower River Shannon SAC. 3.6 Assessment of In-combination Impacts

In-combination impacts of the proposed project are investigated in the NIS Section 7.2. Potential in- combination impacts from planning applications and licensable activities in the vicinity of the dredge and dumping works are considered. These include Fenit Harbour and Marina Expansion Project, the development of new diving boards at Fenit Slip and oyster fishing in the inner Tralee Bay. The assessment reaches the conclusion that there is no potential for in-combination impacts to occur and impact upon the integrity of the as a result of these other plans and projects. The assessment does however conclude that there is potential for significant temporary cumulative water quality impacts from the proposed project in-combination with existing point and diffuse sources of pollution in Tralee Bay. These sources of pollution are industrial, wastewater, agricultural and urban activities, many of which are controlled and treated under licences. As no significant release of contamination or pollution is predicted as a result of the proposed project, and given the potential scale of existing point and diffuse water quality issues within Tralee Bay, it is considered unlikely that the current project will contribute in any meaningful way to existing water quality issues. 3.7 Assessment of Impacts on the Integrity of European Sites

From the Assessment of Plans and Projects Significantly Affecting Natura 2000 Sites: Methodological guidance on the provisions of Article 6(3) and (4) of the Habitats Directive 92/43/EEC (EC, 2002), the meaning of integrity is described as follows; ‘The integrity of a site involves its ecological functions. The decision as to whether it is adversely affected should focus on and be limited to the site’s conservation objectives’ (MN2000, paragraph 4.6(3))’. Site specific conservation objectives have been prepared for each European site, where available, and are summarised in Table 2.2 to Table 2.7 above. From the information gathered and the predictions made about the changes that are likely to result from the construction and operation stages of the project, the integrity of site checklist is completed for the European sites screened in for AA in Table 3.1below.

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European Sites

Does the project Tralee Bay and Magharees Tralee Bay Complex SPA Magahree Islands SAC Magahree Islands SPA Lower River Shannon have the potential Peninsula, West to Cloghane SAC to: SAC

Cause delays in No. Effects as a result of habitat No. Displacement effects No. Effects as a result of No. Displacement effects due to No. Displacement progress towards loss and alteration due to water due to water quality habitat alteration due to water quality changes are effects may occur, but achieving the quality changes are temporary and changes are temporary water quality changes temporary and limited in extent. this effect will be conservation limited in extent and all relevant and limited in extend and are temporary and Conservation status of SCI temporary and limited in objectives of the site? habitat QIs are in favourable scaup is in favourable limited in extent and reef species at Magharee Islands extent. Bottlenose conservation condition. Otter must conservation condition. QI is in favourable SPA is unknown. dolphin are in favourable be restored to favourable conservation condition. conservation condition. conservation condition, however, there are no direct or indirect interactions between otter and the proposed works.

Interrupt progress No. Effects as a result of habitat No. Displacement effects No. Effects as a result of No. Displacement effects due to No. Displacement towards achieving the loss and alteration are temporary due to water quality habitat alteration due to water quality changes are effects may occur, but conservation and short-term and all relevant changes are temporary water quality changes temporary and limited in extent. this effect will be objectives of the site? habitat QIs are in favourable and limited in extend and are temporary and Conservation status of SCI temporary and limited in conservation condition. Otter must scaup is in favourable limited in extent and reef species at Magharee Islands extent. Bottlenose be restored to favourable conservation condition. QI is in favourable SPA is unknown. dolphin are in favourable conservation condition, however, conservation condition. conservation condition. there are no direct or indirect interactions between otter and the proposed works.

Disrupt those factors No. The extent and structure of No. The proposed works No. The proposed works No. The proposed works are not No. Displacement that help to maintain keystone habitat communities for are not expected to disrupt will not disrupt habitat expected to disrupt breeding effects may occur as a the favourable large shallow inlets and bays population trends of scaup. area or distribution of the population, productivity rate, result of vessel conditions of the site? (Zostera-, Mytilus- and Sabellaria- Although distributions of reef QI. Effects to distribution, connectivity. There presence, but this effect dominated) will not be altered. scaup may be affected community structure as will be no disturbance at the will be temporary and Loss of the ‘Sand with Nephtys during works, this will be result of suspended breeding sites. While there may limited in extent with cirrosa community complex’ will be temporary and limited in sediment deposition are be disruption to prey availability sufficient alternative sea temporary and small scale. The extent with sufficient considered temporary due to water quality changes, area available for extent and structure of reef habitat alternative feeding areas and small-scale. these will be temporary and feeding and transiting. will not be altered, and indirect available. limited in extent with sufficient

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Does the project Tralee Bay and Magharees Tralee Bay Complex SPA Magahree Islands SAC Magahree Islands SPA Lower River Shannon have the potential Peninsula, West to Cloghane SAC to: SAC effects from sediment deposition alternative feeding areas will be temporary. available.

Interfere with the No. Interference with keystone N/A No. Interference with N/A N/A balance, distribution communities of large shallow keystone communities of and density of key inlets and bays and reefs are not reefs are not predicted. species that are the predicted. No interaction with otter indicators of the is predicted. favourable condition of the site?

Other Indicators

Does the project or plan have the potential to:

Cause changes to the No. There will be no impacts to the No. There will be no No. There will be no No. There will be no impacts to No. There will be no vital defining aspects function of habitats of the site. impacts to the function of impacts to the function of the function of habitats of the impacts to the function (e.g. nutrient balance) habitats of the site. habitats of the site. site. of habitats of the site. that determine how the site functions as a habitat or ecosystem?

Change the dynamics No. There will be no impacts No. There will be no No. There will be no No. There will be no impacts No. There will be no of the relationships capable of changing relationships impacts capable of impacts capable of capable of changing impacts capable of (between, for that define the structure or changing relationships that changing relationships relationships that define the changing relationships example, soil and function of the site. define the structure or that define the structure structure or function of the site. that define the structure water or plants and function of the site. or function of the site. or function of the site. animals) that define the structure and/or function of the site?

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Does the project Tralee Bay and Magharees Tralee Bay Complex SPA Magahree Islands SAC Magahree Islands SPA Lower River Shannon have the potential Peninsula, West to Cloghane SAC to: SAC

Interfere with No. Changes in water quality are No. Changes in water No. Changes in water No. Changes in water quality are No. Changes in water predicted or expected predicted, but these will be limited quality are predicted, but quality are predicted, but predicted, but these will be quality are predicted, but natural changes to the in duration and extent and as such these will be limited in these will be limited in limited in duration and extent these will be limited in site (such as water will not affect the integrity of the duration and extent and as duration and extent and and as such will not affect the duration and extent and dynamics or chemical site. such will not affect the as such will not affect integrity of the site. as such will not affect composition)? integrity of the site. the integrity of the site. the integrity of the site.

Reduce the area of No. There will be no permanent No. There will be no No. There will be no No. There will be no permanent No. There will be no key habitats? loss of key habitats within the SAC permanent loss of key permanent loss of key loss of key habitats within the permanent loss of key during operation of the proposed habitats within the SAC habitats within the SAC SAC during operation of the habitats within the SAC project. during operation of the during operation of the proposed project. during operation of the proposed project. proposed project. proposed project.

Reduce the population No. Reduction of populations of No. Reduction in the No. Reduction of No. Reduction in the populations No. Reduction in the of key species? keystone communities of large populations of SCI species populations of keystone of SCI species is not predicted. population of bottlenose shallow inlets and bays and reefs is not predicted. communities of reefs are dolphin is not predicted. are not predicted. No interaction not predicted. with otter is predicted.

Change the balance Due to the nature of the project Due to the nature of the Due to the nature of the Due to the nature of the project Due to the nature of the between key species? there will be no change in the project there will be no project there will be no there will be no change in the project there will be no balance between key species. change in the balance change in the balance balance between key species. change in the balance between key species. between key species. between key species.

Reduce diversity of No. The area to be dredged is No. Due to the marine No. Changes in water No. Due to the marine nature of No. Due to the location the site? generally species poor and nature of the project, there quality and sediment the project, there will be no of the project, there will characterised by an opportunistic will be no interaction with deposition are not interaction with the majority of be no interaction with polychaete community which the majority of the SCI predicted to reduce the the SCI species of the site and this SAC, with the should recover quickly. species of the site and no diversity of reefs in the no pathway to reduce diversity. exception of transitory pathway to reduce SAC. No reduction in diversity of tern bottlenose dolphin. diversity. species is predicted. There is no pathway to reduce diversity.

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Does the project Tralee Bay and Magharees Tralee Bay Complex SPA Magahree Islands SAC Magahree Islands SPA Lower River Shannon have the potential Peninsula, West to Cloghane SAC to: SAC

Result in disturbance No. Disturbance to populations, No. There will be no No. Disturbance to No. There will be no interaction No. Due to the location that could affect density or balance of keystone interaction with the populations, density or with the majority of the SCI of the project, there will population size or communities of large shallow majority of the SCI species balance of keystone species of the site and no be no interaction with density or the balance inlets and bays and reefs is not of the site and no pathway communities of reefs is pathway to result in disturbance this SAC, with the between key species? predicted. No interaction with otter to result in disturbance to not predicted. to interactions between species. exception of transitory is predicted. interactions between No disturbance to interactions bottlenose dolphin. species. between tern species is There is no pathway to predicted. disturb interactions between species.

Result in No. Due to the nature of the No. Due to the nature of No. Due to the nature of No. Due to the nature of the No. Due to the nature of fragmentation? project there should be no the project there should be the project there should project there should be no the project there should fragmentation in habitats or no fragmentation in be no fragmentation in fragmentation in habitats or be no fragmentation in species populations. habitats or species habitats or species species populations. habitats or species populations. populations. populations.

Result in loss or No. Volumes of sediment to be No. Volumes of sediment No. Volumes of No. Volumes of sediment to be No. Volumes of reduction of key dredged and deposited are not to be dredged and sediment to be dredged dredged and deposited are not sediment to be dredged features (e.g. tree large enough to have potential to deposited are not large and deposited are not large enough to have potential and deposited are not cover, tidal exposure, alter hydrodynamics of the area. enough to have potential large enough to have to alter hydrodynamics of the large enough to have annual flooding, etc.)? to alter hydrodynamics of potential to alter area. potential to alter the area. hydrodynamics of the hydrodynamics of the area. area.

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4 OBSERVATIONS AND SUBMISSIONS

Written submissions on the proposed application were received from several of the prescribed bodies. No submissions were considered to relate to the protection of the European sites and AA. Full submissions and responses from the applicant are provided in Table 2.2Error! Reference source not found. of the Screening for AA Technical Review. No observations or submissions were received from non-statutory stakeholders.

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It is acknowledged that the applicant has provided a number of mitigation measures in the NIS Section 7. These measures are provided to ensure that the proposed works do not prevent or obstruct any of the QIs or SCI species from reaching or maintaining favourable conservation status. Table 5.1 below provides a mitigation measures assessment matrix as a means of assessing the mitigation measures provided in the NIS. Table 5.1 Mitigation Measures Matrix

List measures to Details of measure Explain how the Explain how the Provide evidence of how be introduced measures will measures will they will be implemented avoid the adverse reduce the and by whom. effects on the adverse effects integrity of the on the integrity site. of the site. Timing of Dredging will not place This will avoid N/A Not provided. dredging during oyster spatting period impacts to the between June and July settlement and recruitment of larvae for Ostrea edulis-dominated community complex of Tralee Bay and Magharees Peninsula, West to Cloghane SAC.

Water quality management programme (WQMP)

• Turbidity Fixed station in situ water Not provided. Not provided. A permissible level for Monitoring Plan quality monitoring turbidity and/or suspended solids should be agreed Boat-based in situ water with the relevant authority, quality monitoring above which dredging Visual water quality must cease until levels monitoring drop below the permissible level. Visual water quality Laboratory water quality monitoring should be monitoring carried out from the shore Note: The NIS Section and TSHD vessel by the 7.1.2.1 states: Water quality Contractor and Resident controls will be in place Engineer. during dredging operations to ensure that suspended sediment concentrations in the water column meet the requirements of the shellfish regulations. No further details are provided.

• Additional WQM Consult with relevant Not provided. Not provided. Not provided. stakeholders prior to dredging to inform them. Prepare contracts which meet the requirements of all licenses, consents and agreements applicable

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List measures to Details of measure Explain how the Explain how the Provide evidence of how be introduced measures will measures will they will be implemented avoid the adverse reduce the and by whom. effects on the adverse effects integrity of the on the integrity site. of the site. Fully brief the contractor beforehand on the sensitivities of the site and any monitoring that will be taking place Ensure dredging is undertaken in a manner that reduces the volumes of sediment that escape into the water column and become suspended

• Fuel Management Appropriate fuel N/A This will reduce Not provided. management measures put the release of in place and agreed with accidental Harbour Master prior to pollution to the works to ensure no marine significant negative impacts environment and to water quality. provide measures to deal with a pollution incident.

• Control of It will not be permitted to N/A This will reduce Not provided. Overflow allow any water to escape or the release of overflow from the suction suspended hopper dredger; therefore, sediments to the overflow of the dredge water column. material into the water must be strictly controlled to prevent any occurrence. Once the dredger is full it must steam out to the dumpsite and dump the material at the appropriate location

Protection of A 30 minute watch for The MMO will N/A Full reporting on MMO Annex II Species – marine mammals will be ensure that no operations and mitigation NPWS (2014b) conducted prior to the start marine mammals will be provided to the mitigation of dredge. If a marine are within the Regulatory Authority. procedures for mammal is sighted within dumpsite prior to dredging followed 500 m of the vessels, start- dumping. by suitable up will be delayed until the qualified Marine animal is outside the 500m Mammal Observer zone. (MMO) The above procedure will be repeated if there is a break in dredging sound output for longer than 30 minutes.

5.1.1 Conclusion of Assessment of Mitigation Measures

Mitigation measures have been proposed during the operational stage of the project for the avoidance of impacts to European sites. The applicant has not provided sufficient detailed information in several cases to explain how these mitigation measures will avoid or reduce adverse effects on the integrity of European sites

MGE0778RP0007 | Appropriate Assessment Report - | F01 | 25 January 2021 rpsgroup.com Page 37 REPORT and has not provided details on how these measures will be implemented, and by who. See Table 5.1 for further details on information not provided. Notwithstanding this missing information, the mitigation measures proposed are considered industry standard and therefore, it is not anticipated that significant residual impacts to the QIs and SCI species of the European sites will occur.

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The NIS identifies and describes the likely significant effects of the proposed project on the existing environments of the following European sites: • Tralee Bay and Magharees Peninsula, West to Cloghane SAC; • Tralee Bay Complex SPA; • Magharee Islands SAC; • Magharee Islands SPA; and • Lower River Shannon SAC. The impact of the proposed project on the conservation objectives of the above sites alone and in- combination with other plans or projects is also assessed. The NIS sets out specific mitigation measures to offset and reduce most of the potential impacts. The mitigation measures provided are generally considered to be standard industry best practice, however, detail on how implementation of these mitigation measures will be evidenced is lacking, and no specific mitigation is recommended to avoid or reduce cumulative water quality impacts, as outlined in Section 3.6. 6.2 Recommendations

6.2.1 Recommended Licence Conditions

Based on this assessment and the conditions proposed by statutory consultees, RPS considers that the following conditions should be attached to a decision to consent the propose project. The purpose of these conditions is to avoid, reduce and offset any significant effects on European sites as a result of the proposed project. Conditions which do not relate specifically to European sites are recommended in the Environmental Impact Assessment Screening Report. 1. All mitigation measures proposed in the NIS should be implemented as conditions to the Foreshore Licence. It is recommended that requirements for evidence of implementation of these mitigation measures are included in these conditions.

6.3 Conclusion

It can be concluded beyond reasonable scientific doubt that the proposed Fenit Harbour and Marina Dredge and Disposal Campaign, individually or in combination with other plans or projects would not have adverse effects on the integrity of the following European sites: • Tralee Bay and Magharees Peninsula, West to Cloghane SAC; • Tralee Bay Complex SPA; • Magharee Islands SAC; • Magharee Islands SPA; and • Lower River Shannon SAC.

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European Commission (EC), 2002. Assessment of plans and projects significantly affecting Natura 2000 sites. Methodological guidance on the provisions of Article 6(3) and (4) of the Habitats Directive 92/43/EC. Marine Institute, 2019. Addendum to 2006 Guidelines for the Assessment of Dredged material in Irish Waters. NPWS, 2013b. Conservation Objectives: Magharee Islands SAC (002261). Version 1.0, Dublin, Ireland: National Parks and Wildlife Service, Department of Arts, Heritage and the Gaeltacht. NPWS, 2014. Conservation objectives: Tralee Bay and Magharees Peninsula, West to Cloghane SAC (002070). Version 1.0, Dublin, Ireland: National Parks and Wildlife Service, Departments of Arts, Heritage and the Gaeltacht NPWS, 2014a. Tralee Bay and Magharees Peninsula, West to Cloghane SAC (site code 002070). Conservation objectives supporting document - marine habitatss. Version 1., Dublin, Ireland: National Parks and Wildlife Service, Department of Environment, Heritage and Local Government. NPWS, 2014b. Guidance to minimise the risk to marine mammals from man-made sound sources in Irish waters, Dublin, Ireland: Guidance document by the National Parks and Wildlife Service of the Department of the Arts, Heritage and the Gaeltacht.

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