Archived press release

Strangford saved

4 December 2003

Commenting on today's (5 December 2003) announcement of a ban on trawling and dredging in Strangford Lough [1], Friends of the Earth Director, John Woods, said:

"The Minister's decision to suspend the fishery is a welcome one but he deserves no credit for so reluctantly agreeing to obey the law. For more than five years the Department of Agriculture and Rural Development (DARD) has allowed trawling for prawns and scallops to decimate the lough's vital eco-system [2] which European law required it to maintain in its 1997 condition [3]."

Mr Woods continued:

"Mr Pearson has some explaining to do. He must tell us why his Department has so disgracefully failed in its environmental responsibilities. He must explain why he has allowed his Department to expose Northern Ireland to potentially enormous fines by the European Court. And finally he must explain what measures he is putting in place to restore the severely damaged horse-mussel beds to their 1997 state."

He concluded:

"This has been a shocking episode which reflects very poorly on Mr Pearson and his Department. Both need to understand that they cannot ignore European law and expect to get away with it."

Notes

[1] (back) DARD press release

[2] (back) Trawling for prawns and scallops and dredging for oysters severely damages the horse-mussel beds upon which much of the life of the lough depends.

[3] (back) Strangford Lough was declared a candidate Special Area of Conservation (SAC) in 1997 under the EU Habitats Directive, meaning that it has European conservation value. The Directive requires member states to maintain SACs in the state they were in at the time of designation. A Queen's University Report to be published soon is expected to show that only a tiny fraction of the horse-mussel beds, a vital part of the lough's eco-system, that existed in 1997 now remain.

The following is an extract from a letter from Friends of the Earth to Mr Pearson dated 24 November 2003:

It is imperative that your Department understands that in permitting trawling to continue, it is acting illegally and leaving the United Kingdom exposed to certain legal action by the European Commission followed by substantial fines. We note that the Ulster Wildlife Trust has made an official complaint to the Commission under the Habitats Directive.

We very much hope that you have sought specialist legal advice on this issue. Such advice will confirm our view that your Department is in breach of Articles 2 and 6 of the Habitats Directive. Specifically, Article 6 requires member states ‘to avoid, in the special areas of conservation, the deterioration of natural habitats and the habitats of species as well as disturbance of the species for which the areas have been designated’. This Article requires preventative measures to avoid damage. It does not allow a ‘wait and see’ approach. Nor for Article 6 to be breached in this way does trawling have to be the only or indeed the major cause of deterioration. It is common knowledge that the currently unpublished report from Queen’s University for the Department of the Environment shows that there has been a deterioration of the lough’s horse-mussel beds to a fraction of their 1997 status.

Article 2 requires Member States to ‘maintain or restore, at favourable conservation status, natural habitats and species of wild fauna of Community interest’, an obligation that applies to the conservation status of Strangford Lough in 1997 when it was declared a candidate SAC. This Article requires you to restore Strangford Lough to its 1997 conservation status. Can you please let me know what plans you have to achieve this.

Your Department has known for some time that the modiolus of Strangford Lough is being decimated by trawling. It is a dereliction of your duty to have allowed trawling to recommence last week thus imperilling the last remnants of a natural habitat protected by law. Environment and Heritage Service describe Strangford Lough as the jewel in Northern Ireland’s conservation crown. It is shameful that your Department should knowingly allow its destruction to continue.

Friends of the Earth demands that the regulations under which trawling is currently taking place are immediately revoked. There must be no consultation period prior to such action - such consultation can take place once a moratorium on trawling is in place. We expect you to close the fishery today.

Friends of the Earth Northern Ireland
7 Donegall Street Place
BELFAST
BT1 2FN
Tel: 028 9023 3488
Fax: 028 9024 7556
Email: foe-ni@foe.co.uk.

Published by Friends of the Earth Trust