S.I. No. 355/2018 - European Union Environmental Objectives (Freshwater Pearl Mussel) (Amendment) Regulations 2018

1. (1) These Regulations may be cited as the European Union Environmental Objectives (Freshwater Pearl Mussel) (Amendment) Regulations 2018.

(2) These Regulations and European Communities Environmental Objectives (Freshwater Pearl Mussel) Regulations 2009 (

S.I. No. 296 of 2009

) may be cited together as the European Union Environmental Objectives (Freshwater Pearl Mussel) (Amendment) Regulations 2009 to 2018 and shall be construed together as one.

Interpretation

2. “Principal Regulations” means the European Communities Environmental Objectives (Freshwater Pearl Mussel) Regulations 2009 (

S.I. No. 296 of 2009

).

PART 2

AMENDMENTS

Amendments to the Regulations of 2009

3. The First Schedule to these Regulations is substituted for the First Schedule of the Principal Regulations.

FIRST SCHEDULE

These Regulations apply to the habitats of the freshwater pearl mussel populations named hereunder that are within the boundaries of a site notified in a candidate list of European sites under the European Communities (Birds and Natural Habitats) Regulations 2011 (

S.I. No. 477 of 2011

), or designated as a Special Area of Conservation under Regulations made in accordance with

section 3

of the

European Communities Act 1972

for the purpose of Article 4(4) of the EU Habitats Directive.

Freshwater pearl mussel population

2

SAC Site Code

SAC Site Name

Rivers and lakes containing

Margaritifera

(list not exhaustive)

1

Bandon

002171

Bandon River cSAC

Bandon & Caha

2

Aughavaud (Barrow)

002162

River Barrow and River Nore cSAC

Aughavaud

3

Ballymurphy (Barrow)

002162

River Barrow and River Nore cSAC

Ballymurphy

4

Mountain (Barrow)

002162

River Barrow and River Nore cSAC

Mountain, Aughnabrisky

5

Bundorragha

001932

Mweelrea/ Shreefry/ Erriff Complex cSAC

Bundorragha

6

Caragh

000365

Killarney National Park, Macgillycuddy’s Reeks and Caragh River Catchment cSAC

Caragh, Owenroe, Meelagh, Caraghbeg, Glashawee, Lough Beg Stream, Lough Acoose, Cloon Lough

7

Clady

000140

Fawnboy Bog/ Lough Nacung cSAC

Clady

8

Owenriff (Corrib)

000297

Lough Corrib cSAC

Owenriff, Glengawbeg

9

Currane

000365

Killarney National Park, Macgillycuddy’s Reeks and Caragh River Catchment cSAC

Capall, Cummeragh

10

Dawros

002031

The Twelve Bens/ Garraun Complex cSAC

Dawros

11

Eske

000163

Lough Eske and Ardnamona Wood cSAC

Eske

12

Kerry Blackwater

002173 & 000365

Blackwater River (Kerry) cSAC & Killarney National Park, Macgillycuddy’s Reeks and Caragh River Catchment cSAC

Blackwater, Kealduff, Derreendarragh

13

Gearhameen (Laune)

000365

Killarney National Park, Macgillycuddy’s Reeks and Caragh River Catchment cSAC

Gearhameen & Owenreagh

14

Glaskeelan (Leannan)

002047

Cloghernagore Bog and Glenveagh National Park cSAC

Glaskeelan

15

Leannan

002176

Leannan River cSAC

Leannan

16

Allow (Munster Blackwater)

002170

Blackwater River (Cork/Waterford) cSAC

Allow

17

Licky

002170

Blackwater River (Cork/Waterford) cSAC

Licky

18

Newport

002144

Newport River cSAC

Newport

19

Nore

002162

River Barrow and River Nore cSAC

Nore

20

Owencarrow

002047

Cloghernagore Bog and Glenveagh National Park cSAC

Owencarrow

21

Owenea

000197

West of Ardara/Maas Road cSAC

Owenea

22

Owenmore

000375

Mount Brandon cSAC

Owenmore

23

Ownagappul

001879

Glanmore Bog cSAC

Ownagappul & Barrees

24

Cloon (Shannon Estuary)

002165

Lower River Shannon cSAC

Cloon

25

Derreen (Slaney)

000781

Slaney River Valley cSAC

Derreen

26

Clodiagh (Suir)

002137

Lower River Suir cSAC

Clodiagh

Margaritifera SACs Subcatchment Maps – October 2016

Map of the catchments of the specified freshwater pearl mussel populations. Catchments were delineated to the lowermost mussel contained within the boundaries of a site notified in a candidate list of European sites, or designated as a Special Conservation Area.

GIVEN under the Official Seal of the Minister for Culture, Heritage and the Gaeltacht.

4 September 2018.

JOSEPHA MADIGAN,

Minister for Culture, Heritage and the Gaeltacht.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The purpose of the Regulations of 2009 is ‘to support the achievement of favourable conservation status for freshwater pearl mussels’ and to that end they ‘set environmental quality objectives for the habitats of the freshwater pearl mussel in rivers named in the First Schedule to those Regulations.

The subsequent ‘Strategy for Conservation of the Freshwater Pearl Mussel in Ireland’ (September, 2011) set out a prioritised approach to the implementation of measures to conserve the species. The Strategy document recognised that it would be very unlikely that measures to restore the mussel population in the Munster Blackwater River would be effective: it has a very large catchment area but just 0.08% of the national pearl mussel population.

In line with scientific advice, the conservation objectives for the Blackwater Special Area of Conservation are to be amended to remove the pearl mussel as a qualifying interest in the main channel of the river, though retaining it for its tributaries named in the Schedule: the Allow and Licky.

The European Union Environmental Objectives (Freshwater Pearl Mussel) (Amendment) Regulations 2018 give effect to this change, omitting the Munster Blackwater main channel from the list of named habitats to the which the Regulations apply, by means of substituting the First Schedule to the Regulations of 2009 with the enclosed revised Schedule.

For more detailed maps than those contained in the Schedule, or for greater detail on boundary delineation, contact should be made with the National Parks and Wildlife Service of the Department of Culture, Heritage and the Gaeltacht or by viewing the relevant text or map details on www.npws.ie.

1 OJ No. L206, 22.07.1992, P. 7

2Population named after river of highest stream-order that contains mussels.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

18

th September

, 2018.

I, JOSEPHA MADIGAN, Minister for Culture, Heritage and the Gaeltacht, in exercise of the powers conferred on me by

section 3

of the

European Communities Act 1972

(No. 27 of 1972) and for the purpose of giving further effect to Council Directive 2006/11/EC of the European Parliament and of the Council of 15 February 2006, Council Directive 92/43/EEC of 21 May 1992

1

and Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000, hereby make the following regulations

PART 1

PRELIMINARY AND GENERAL

Citation and construction