Written answer
Fisheries Protection
142. Deputy Mairéad Farrell asked the Minister for Climate, Energy and the Environment if the Irish State's legal obligations under Article 6.2 of the EU Habitats Directive considered when drafting the Conservation of and Prohibition on Sale of Coarse Fish Bye-Law (No. 806) 2006 and the Conservation of Pike Bye-Law (No. 809) 2006; and if he will make a statement on the matter. [51739/26]
Comment on this
144. Deputy Mairéad Farrell asked the Minister for Climate, Energy and the Environment the way in which regulatory and administrative practices concerning appropriate assessment for inland fisheries legislation have evolved since 26 February 1997; and if he will make a statement on the matter. [51742/26]
Comment on this
I propose to take Questions Nos. 142 and 144 together.
I am not in a position to comment on the specific considerations that informed byelaws drafted over two decades ago and which pre-date the configuration of the current Department and the establishment of Inland Fisheries Ireland.
While the State’s obligations under the EU Habitats Directive, including those relating to Appropriate Assessment, have applied since the Directive was transposed into National law, the regulatory and administrative framework supporting compliance with those obligations has evolved significantly over time, informed by developments in legislation and national guidance.
In particular, the publication of national Appropriate Assessment guidance by the National Parks and Wildlife Service in 2009, together with the European Communities (Birds and Natural Habitats) Regulations 2011, significantly contributed to the development of more structured administrative processes, including the preparation and publication of Appropriate Assessment screening determinations where required.
I can advise that, as a matter of current practice, byelaws and other inland fisheries legislation are subject to legal scrutiny and to Appropriate Assessment screening, in accordance with current legislative frameworks and relevant guidance.