An Bord Achomharc Um Cheadunais Dobharshaothraithe Aquaculture Licences Appeals Board AP6/1/2017 Coiste Timpeallachta an Ghaoith f/c Aislann Rann na Feirste Site Ref: T12/461A Cuirt Choiil Mhinsi, Bothar Shaile Atha Cliath, Pont Laoise, Contaa Laoise, R32 DTW5 Kilminchy Court, Dublin Road, Portiaeise, County Laois, R32 DTW5 Guthan/Talephone: 0528631912 R-phost/Email: [email protected] Laithraan Gr2asdin/Website: www.alab.ie Coiste Timpeallachta an Ghaoith, Aislann Rann no Feirste, Leitir Ceanainn, Co. Dhun no nGali. F94TV76 Phone: 074 95 62222 E-mail: [email protected] Aquaculture Licences Appeals Board, Kilminchy Court, Dublin Road, Portlaoise, Co. Laois, IsN R32 DTW5 ov2o~ RF~F~~~ 14 Samhain 2017. Q A chars, Please find enclosed 'Notice of Appeal Under Section 40 (1) Of Fisheries (Amendment) Act 1997 (No. 23) with cheque payment. A copy will also be sent via E-mail. Wise le meas ~7 l flit e. 6 ~`~ ~G ,"c c.-F— CL o NOTICE OF APPEAL UNDER SECTION 40(1) OF FISBERIES (AMENDMENT) ACT 1997 (NO. 23) Name and address of appellant: Coiste Tmmeallachta an Ghaoith. f/ch. Aislann Ranh na Feirste, Rann na Feirste. Leitir CeanAinn Co. Dhun na nGall. Telephone: 074 95 62222 Fax: qp U~TU pFq~ RFl/~ E-mail address: aislannrnaf@gmail IS eOgR MCr~ No~1p ~~ All correspondence to the Manager of Local Development Body: R~ Aodh Mac RueirI, Bainisteoir Aislann Rann na Feirste Subiect matter of the appeal: Fisheries (Amendment) Act, 1997, (No. 23) Foreshore Act, 1933, (No.12) Notice of decision to grant Aquaculture and Foreshore Licences to Mr. Brendan Boyle, Braade Strand — Gweedore Bay(sic), as published in the Public Notices in the Donegal Democrat, 19 October 2017. Site Reference Number:- T12/461 Pt Appellant's particular interest in the outcome of the appeal: Appellant's live in the Rana na Feirste, Rann M6nadh, Carraig Fhinn and Braid townlands on each side of the Braade -Gweedore Bay(sic). All appellants interested in this issue live in this area, east west and the north of the bay which is reflected in the membership of our committee. The overwhelmingly majority of us have lived here all our lives. We recognize that Foreshore is a very beautiful and important element of our everyday life. A significant recreational resource and a cultural & natural heritage repository. Concerned were raised at a Public Meeting held in Aislann Rann na Feirste,(Ranafast Community Centre) on the 12 December 2016, over the issue of further Aquaculture and Foreshore Licences for the bay. Sections of the the bay where there was no previous shellfish farming. Coiste Forbartha Rann on Feirste (Bann na Feirste Development Commitee) agreed that a sub-committee would be formed to appeal new Aquaculture and Foreshore Licences _The committee was called Colste Timpeallachta an Ghaoith. Licence T12/461 is a further intensification in the development of shellfish farming in this bay. As a committee, we appealed the decision of the Minister for Agriculture, Food and the Marine, 13 January 2017, to grant an Aquaculture and Foreshore Licence to Thierry Gillardeau & Desmond Moore, Celtic Kerber Ltd, Mr John Boyle and Mr Gary Boyle for the cultivation of Pacific Oysters using bags and trestles in Gweedore Bay. The Aquaculture Licences Appeals Board reviewed these appeals and decided, in its letter, Ref. APl-4/2017: "due to the complexity ofthe matters" it would take longer than anticipated to come to a determination on these appeals. It is a matter of deep concern to Coiste Timpeallachta an Ghaoth that the Department for Agriculture, Food and the Marine has approved another 10.36 acre licence for an area which is at present a matter of appeal, a process whose outcome has yet to be determined. As your Department is aware, we have appealed the decision of the Minister for Agriculture, Food and the Marine, 13 January 2017, to grant an Aquaculture and Foreshore License to Thierry Gillardeau & Desmond Moore, Celtic Kerber Ltd, Mr. John Boyle and Mr. Gary Boyle for the cultivation of Pacific Oysters using bags and trestles in Gweedore Bay(sic). In any other walk of life, such a decision would have been postponed until the process of appeal was complete. The decision to grant yet another 10.36 acre licence — T12/461—for a site which is at the centre of the area, in which the surrounding licences are a matter of appeal, beggars belief and appears to flaunt due process. The Aquacultare Licenses Appeals Board reviewed the appeals present to it and decided (Ref: AP14/2017) to postpone a decision: "due to the complexity of the matters". The decision of the Department to grant yet another license to Mr. Breandan Boyle before a determination is made by the Licenses Appeals Board does not inspire confidence in the process. It inevitably leads to the conclusion that the Department has arrived at its decision without considering the strong objections made, based on sound arguments about the scale of the expansion and environmental concerns, by the communities who live along these shores. The cumulative effects of granting this licence, T12/461, will further escalate this expansion and seems to have totally ignored the public concern over this cumulative expansion. On this account the committee wishes to appeal the decision to grant Aquaculture and Foreshore Licences to Mr. Brendan Boyle., Bmade Strand — Gweedore Bay, Licence T12/461. Outline the %rounds of anneal (and, if necessary. on additional paee(s) %ive full %rounds of the appeal and the reasons, considerations and arguments on which they are based): Scale and Visual Impact: Not one person from the Rann na Feirste, Rann na M6nadh or the members of our committee from southern Carrickfinn side of the bay are involved in shellfish farming but it was quite clearly stated at the meeting that the Development Committee and the community at large supported the existing Aquaculture; as demonstrated by the committee not appealing any of the recent Aquaculture Licence Grant Renewals or Reviews in the bay by Mr Seamus Corbett and Mr. Eamon Sweeney, T12/193Aand B, Mr. James Bonner,T12/305A &B, Mr. John Boyle, T12/326A and Celtic Kerber, T12/365A,B,and C. Nor did the committee object to the permission for change of use of the old Mullaghduff Hall by the oyster farmers. We know all the local people involved in shellfish farming currently, owners and employees. They all are fine people from our community. We have no personal grievance with them or their current shellfish farming projects. Our concern is with the slamming and cumulative expansion in scale of the new licenses. We are alarmed with the new areas being developed for shellfish in this narrow and small bay, the vastly increasing scale of these operations in comparison to what existed, the lack of consultation by the shellfish farmers with the community about the scale and number of new sites. None of these developments would be in sympathy with the natural landscape or the inherited cultural landscape of Rann na Feirste, Rann na M6nadh, Southern Canickfinn and the neighbouring vicinity. The Rann na Feirste Development Committee organised a public meeting in Aislann Rann na Feirste on the 12th of December 2016. At that meeting, support for the existing Aquaculture was confirmed and agreed by the majority. This agreement was reached on the basis that the operation was concentrated in the central eastern part of the Bmade — Gweedore Bay, an area which is much smaller in scale than the areas identified in the licences that were published in The Donegal Democmt,l5 December 2016 and this new licence, T12/461 is a further escalation on this expansion and seems have totally ignored 4 the public concern over this cumulative expansion. If the public were allowed to participate in the decision making process in a meaningful way and in accordance with the Aarhus Convention, this licence would not be granted. According to public information, five new licenses were granted, which include ten separate sites that cover almost 109 acres. This represents a dramatic increase in scale, both in the number of sites licensed and the area covered by those sites. Prior to the granting of these licenses, we estimtate that four shellfish sites operated in Bmade — Gweedore Bay. The current licenses allows for atripling of sites, from 4 to 14 and staggering increase in area, which is seven times larger previous developments. It is a matter of concern that all the new licenses were granted without any community consultation, despite that fact that the Bmade Strand Map produced by the Department Agriculture, Food and the Marine clearly indicates that the shellfish developments outlined in red/pink will become the prominent physical feature in our bay. There was disquiet with the lack of equitable consultation and sharing of information with other legitimate stakeholders in the community. We will be asking you at the oral hearing to deal as a preliminary issue with the question whether the Minister was entitled to dispense with the making of an EIS in the circumstances that concern us, in light of failure of the Department to comply with the jurisprudence of C418/04 of the European Court of Justice and where the site was spread over a large area, where there were existing farms and the cumulative effect of the applications. We will also seek your ruling on whether or not the Convention referred to was complied with. In a Special Area of Conservation this represents a significant expansion of the previous shellfish licenses awarded, a growth which is almost on an industrial scale for such a narrow channel. It will have a dramatic visual impact on the foreshore and detract from an area of outstanding natural beauty, which has been a natural resource for this 5 community for centuries.