On Friday last, the KFO had the opportunity to present its objection to two proposed offshore Special Areas of Conservation (SAC) to the Designated Areas Appeals Advisory Board (DAAAB). This independent board must now make recommendations to the Minister for Housing, Local Government and Heritage, James Browne, after which he will decide the future of the proposed designations. The KFO trusts that these decisions will be made openly and transparently following the lengthy appeals process.
The National Parks and Wildlife Service (NPWS) first proposed the designation of the Porcupine Shelf and Southern Canyons SACs under the EU Habitats Directive in November 2022. Due to the lack of stakeholder notification or engagement and no provision for discussion with NPWS, the KFO submitted an objection (https://kfo.ie/proposed-sac-objection/) which demonstrated the lack of scientific evidence underlying the proposals. It showed that the designations had not followed the prescribed process mandated by the regulations. This was pointed out by the KFO on several occasions to former Minister of State for Nature, Heritage and Electoral Reform, Malcolm Noonan but with limited response.
Twelve months after submitting the objection, the KFO was informed that the objection was rejected as ‘objections can only be considered on scientifically based ornithological grounds’. To the KFO, the NPWS was confusing the SAC process, which is part of the EU Habitats Directive, with the EU Birds Directive Special Protection Area (SPA) process. Regardless, no other reason was given for the rejection and despite the KFO requesting further engagement, none was forthcoming leaving appealing to the Designated Areas Appeals Advisory Board (DAAAB) as the only option.
As part of the appeal process, the KFO was requested to compile a detailed report on the scientific basis of its objection (KFO Appeal report). The KFO analyses uncovered a litany of errors, inconsistencies and misrepresentation of data and little support for the delineation of the proposed SACs. Inexplicably, it also highlighted the apparent exclusion of areas with oil and gas exploration licences, licencing options, and petroleum leases from the designated areas despite irrefutable evidence of Reef habitat being present within them.
The NPWS was requested to produce a similar report for the DAAAB with the justification for the proposed designations. This report, which the KFO received late last year, was little more than a general literature review and included an admission that Ireland does not currently have sufficient designations of Reef habitat to meet the EU requirements (KFO comments on NPWS report). The proposed designations appeared to be an attempt to meet the arbitrary threshold required regardless of the quality and availability of supporting evidence.
The KFO recognises the need for the conservation and restoration of sensitive habitats and ecosystems and the protection of certain vulnerable species. This is important not only for addressing the biodiversity crisis but also for supporting sustainable fisheries which are critical for food security. There are obvious gaps in the supporting evidence provided by NPWS to determine the delineation of the proposed SACs. The KFO would contend that these gaps and the extrapolation of underlying data to increase the spatial area undermines the validity of the process and inhibits positive and constructive engagement between the fishing industry and policy makers.
There is an opportunity now for recently appointed Minister Browne to make an informed decision on the proposed designations and to reset the engagement with stakeholders as part of this. This comes at a critical juncture as Ireland develops its Nature Restoration Plan (NRP) and the entering into force of the long awaited Marine Protected Areas (MPA) Bill. Stakeholder support and participation will be key to the success of these important initiatives.
KFO Comments on the NPWS Porcupine Shelf and Southern Canyons SAC Justification Document
