Protecting Designated Areas Ciaran O

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Protecting Designated AreasCiaran OKeeffe

• Director, NPWSSéirbhís na bPáirceanna Náisiúnta
  agus FiadhúlraAn Roinn Comhshaoil, Oidhreachta
  agus Rialtais Áitiúil

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Habitats Directive requires Ireland to

• Set up Special Areas of Conservation to protect
  60 different habitats and 25 species
• Give strict protection (without designation) to
  all places used by bats, otters,

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Birds Directive requires Ireland to

• Protect populations of all species of birds
• Set up Special Protection Areas in the most
  important areas used by birds
• Areas of very high usage e.g. estuaries
• Areas used for breeding or other stages by listed
  rare or at risk species

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Habitats for which Ireland is especially important

• PRIORITY
• Stable sand dunes
• Turloughs
• Raised bog
• Blanket Bog
• Machair
• Limestone Pavement

• Other examples
• Sea cliffs
• White sand dunes
• Large Bays Reefs
• Clean lakes
• Old oak woods
• Degraded raised bogs
• 60 in all

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Species requiring SACs include

• Otter
• Salmon
• Grey Seal
• Common Seal
• Porpoise
• Freshwater Pearl Mussel

• 25 in all in Ireland
• Also relevant is the UN Convention on Biological
  Diversity (the Rio Convention)
• Ireland signed up in 1992 and Taoiseach re-stated
  support in 2002

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IRELANDS MOST ENDANGERED SPECIES?
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Perhaps more important for what they represent
rather than as rare species themselves They
occur in wetlands and damp areas which are the
remnants of ecosystems thousands of years
old Not just small - they are rare
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Why so much in the West

• The Directive lays out the habitats which must be
  protected
• In Ireland these occur predominantly in the West,
  due to climate, geology and history

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Other Annexes

• Annex IV lists species which must be very
  strictly protected (all bats, all cetaceans,
  otter, Kerry slug, Natterjack Toad)
• Annex V lists species whose taking capture must
  be regulated (includes the hare)

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Article 6

• Member States shall establish necessary
  conservation measures to protect sites
• Member States shall take appropriate steps to
  avoid the deterioration of natural habitats and
  species (not just Dúchas!)
• Any project or plan must be subject to an
  appropriate assessmentmust not affect the
  integrity of the site

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Elements of a protocol on projects to ensure
conformity with Habitats and Birds Directives

• Screening
• Examination of alternatives
• EIA
• Decision
• Mitigation/compensatory habitat
• Derogation

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What assessments are needed?

• Need for Strategic Environmental Assessment?
• Need for EIA? Full or partial?

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Screening

• Is a project likely to have a significant impact
  on a Natura 2000 site?
• Size, land take,
• Physical change resulting, e.g. drainage
• Emissions, waste, resource requirements e.g.
  water abstraction
• Disturbance during build and operation
• Cumulative impacts

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Alternatives

• Must always seek a site/route that is least
  damaging for habitats/species/integrity of Natura
  2000 site
• If a project is proposed on a Natura 2000 site
  and it will have impacts, it is essential to show
  that alternatives have been fully investigated
  and that no feasible alternative exists
• Only healthsafety allowed as considerations in
  case of priority habitat

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Over riding public interest

• the citizens' life (health, safety, environment)
• - within the framework of fundamental policies
  for the State and the Society
• - within the framework of carrying out activities
  of economic or social nature, fulfilling
• specific obligations of public service.

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EIA

• Ensure compliance with EU Habitats Regulations
  and Wildlife Acts
• Should also consider areas of value to wildlife
  even if not designated e.g. pNHAs local
  Biodiversity Areas, ecological corridors

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Mitigation

• Avoids adverse impact
• Requires monitoring to ensure success
• Flexibility so that feedback from monitoring can
  if necessary change the work

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Compensatory provision

• Where human health and safety considerations, or
  environmental benefit, apply and there is no
  alternative
• Set in process design of compensatory measures,
  i.e. creation or restoration of equivalent
  habitat consistent with objectives for Natura
  site
• Results of compensation should be effective at
  time of damage
• Notify / consult Commission

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Further information

• NPWS Divisional Ecologists
• http//ec.europa.eu/environment/nature/nature_cons
  ervation/eu_nature_legislation/specific_articles/a
  rt6/index_en.htm