6693/ Duchas Interior/ENGLISH - National Botanic Garden of Ireland

An Roinn Comhshaoil agus Rialtais Áitiúil.The Department of the Environment and Local Government.Livingwith NatureThe Designation of NatureConservation Sites in Ireland

ContentsIntroductionTypes of Conservation Site Designation pg 4The Designation Process – a Step by Step Guide pg 6Consultation and Planning pg 12The Impact of Designation on Farming Practices and Land Use pg 14Compensation for Land Owners and Users pg 19Other Designations pg 20

Living with Nature: The Designation of Nature Conservation Sites in IrelandIntroductionThe people of Ireland share the country with 28species of land mammal, over 400 species of birds,more than 4,000 plant species, over 12,000 speciesof insect, and a huge range of other living creatures.If we want all of this to survive, we must ensure thatthere are enough areas in the countryside wherethey can flourish.In the recent past, economic success in Ireland hasplaced strains never seen before on theenvironment. At the same time, many farmers whoown the land where wildlife occurs are facing adifficult future, and see themselves as threatened. Asagriculture changes, conditions for wildlife change,sometimes for the worse.Of course, many of the best wildlife areas in Irelandare “marginal” land, or not used for agriculture. Evenhere, technological advances make for newopportunities for exploitation. For example,windfarms provide great possibilities for greenenergy but at the cost of disturbance in hithertoisolated and untouched mountain areas.Conserving nature requires a range of strategies tosucceed. One of these is to ensure conservation ofhabitats where plants and animals live. And not onlythe rare and fragile: we have seen how species oncecommon like the corncrake and the blue cornflower,can disappear if their habitat changes. To succeed,this strategy needs the support of landowners andpeople who use or visit the land.So far we have mentioned only the land. There is agreat array of life in our seas, which few of us everwitness. This too is being affected in a variety ofways, as we seize opportunities for new activities inour coastal and offshore waters; and this toorequires protection.What this Booklet ContainsThis booklet offers an overview of how and whyareas of the country are selected as conservationsites, and where to go for further information andhelp. It contains information and sections dealingwith the following:• The three main types of conservation sitedesignation• Reasons why sites are identified for protection• A step-by-step guide to how a site is designated• Appealing or objecting to a designation proposal• The implications of having property in aconservation area• Compensation schemes for land ownersand users• Other types of protection• Examples of conservation areas and the featuresfound on these sites• A map detailing conservation site designationsacross Ireland• A list of conservation sites of Europeanimportance in IrelandThis booklet is about moves in Ireland to conservehabitats and species, by designation of conservationareas. This is required of us under European law andour own national laws. The Department of theEnvironment, Heritage and Local Government isresponsible for the designation of conservation sitesin Ireland. The Department works with farmers, otherlandowners and users and national and localauthorities to achieve the best balance betweenfarming and land-use on the one hand, andrequirements for conserving nature in these selectedareas, on the other.pg 3

Living with Nature: The Designation of Nature Conservation Sites in IrelandSACs – Special Areas of ConservationThese are prime wildlife conservation areas in thecountry, considered to be important on a Europeanas well as Irish level. They are chosen from thepNHAs, although a number of known high qualitysites which are not yet NHAs have also beenincluded. Most SACs are in the countryside,although a few sites reach into town or citylandscapes, such as Dublin Bay and Cork Harbour.The legal basis on which SACs are selected anddesignated is the EU Habitats Directive(92/43/EEC), transposed into Irish law in theEuropean Union (Natural Habitats) Regulations,1997. The Directive lists certain habitats andspecies that must be protected within SACs. Irishhabitats include raised bogs, blanket bogs,turloughs, sand dunes, machair (flat sandy plains onthe north and west coasts), heaths, lakes, rivers,woodlands, estuaries and sea inlets. The 25 Irishspecies which must be afforded protection includeSalmon, Otter, Freshwater Pearl Mussel, BottlenosedDolphin and Killarney Fern. A full list of Irishhabitats and species covered by the Directive isgiven at the end of the booklet.Some habitats are deemed “priority” and havegreater requirements for designation of sites andprotection.Sites that meet criteria laid down by the EUDirective are identified by the Department andproposed for designation. To date, Ireland hastransmitted 381 sites to the European Commissionas candidate Special Areas of Conservation. Thesecover an area of approximately 10,000 squarekilometres. Across the EU, over 12,600 sites havebeen identified and proposed, covering an area of420,000 sq. km.SPAs - Special Protection AreasThese sites are areas of importance for birds (andoften are important for other types of wildlife).The EU Birds Directive (79/409/EEC) requiresdesignation of SPAs for:• Listed rare and vulnerable species such asWhooper Swan, Greenland White-frontedGoose, Peregrine Falcon, Corncrake and terns.• Regularly occurring migratory species, such asducks, geese and waders.• Wetlands, especially those of internationalimportance, which attract large numbers ofmigratory birds each year. (Internationallyimportant means that 1% of the population of aspecies uses the site, or more than 20,000 birdsregularly use the site.)Some of the listed species conveniently occur inhigh numbers and densities. However, others suchas breeding waders and birds of prey, occur at verylow density where designation of sites is a moredifficult, although necessary, exercise.To date, 110 SPAs have been designated. A further25 sites have been notified to landowners.Approximately 25 SPAs are also designated SAC.The Irish SPAs join a total of around 3,000 sitesacross the European Union.Special Areas of Conservation and SpecialProtection Areas collectively form part of ‘Natura2000’, a network of protected areas throughout theEuropean Union. Across the EU, sites forming partof ‘Natura 2000’ cover an area of land and sea thesize of Germany.pg 5

Living with Nature: The Designation of Nature Conservation Sites in IrelandThe Designation Process –AStep by Step GuideSTEP 1: IDENTIFICATION AND MAPPING OF THE SITEDesignated areas are chosen using:• Previously existing knowledge, such as the list ofAreas of Scientific Interest compiled in the1970s, various publications on important birdareas in Ireland; and other surveys;• the NHA survey, carried out from 1991-94;• continuing survey and site visits by Departmentstaff and contractors;• inputs from NGOs, professional and amateurecologists.In all cases, proposed sites are evaluated byscientists within the Department before they areallowed forward for designation.Sites should be at least large enough to provide thephysical and semi-natural conditions for themaintenance of a particular habitat. In practice thismeans that most sites are over 100 hectares in size,although there are exceptions.Wherever possible the boundaries of sites coincidewith identifiable (and mappable) features on theground or water. On land, these may be fences,hedges, ditches, roads and so on. In the case ofboundaries at sea or in large lakes, the boundarymay be a straight line between visible markers(headlands, islands etc.). High and low tide marksare sometimes used.SAC sites are chosen subject to criteria laid out inAnnex III of the Habitats Directive. Broadly speaking,these are as follows:1. The importance within Ireland of the site for itshabitats or species;2. How “representative” is the example of therelevant habitat present on the site (in practice,this means that a suite of sites is selected whichencompasses the range of variation found);3. How isolated is the population of the relevantspecies on the site (the more isolated thepopulation, the more likely it is to be geneticallydifferent from other populations);4. The intactness of the habitat on the site; and5. Other factors, including the need to ensure agood geographic spread of sites, the totalnumber of habitats and species listed in theAnnex to the Habitats Directive present on thesite, whether or not there is a priority habitat onthe site and whether or not the site containshabitats or species for which Ireland is especiallyimportant.In all cases, proposedsites are evaluated byscientists within theDepartment before theyare allowed forwardfor designation.pg 6

The Designation Process – A Step by Step GuideLiving with Nature: The Designation of Nature Conservation Sites in IrelandSPAs are chosen if they area) regularly used by 1% or more of the all-Irelandpopulation of a listed (i.e. Annex 1) species orb) regularly used by 1% or more of thebiogeographical population of a migratoryspecies orc) regularly used by more than 20,000 waterfowl.In addition, sites important for dispersed speciesrequire protection under the 1979 Birds Directive.The selection criteria for individual NHA habitattypes are being specified. Such requirements willencompass the following:a) protection of the site will make a significantcontribution to the conservation of one or morespecies (or other biological type) which areconsidered vulnerable, rare or endangered inIreland, or in the Atlantic biogeographical region,or which are covered by any relevant internationaltreaty to which Ireland is a party.b) protection of the site will make a significantcontribution to the conservation of one or morespecies which are protected in Ireland undernational or international law.c) protection of the site will make a significantcontribution to the conservation of one or morehabitats which are considered vulnerable, rare orendangered, either in Ireland or in westernEurope.d) the site is one of a series selected to representhabitats, or ecosystems which are typical ofIreland.e) the site is one of a series of sites selected torepresent a range of variation of habitats whichare typical of Ireland.f) the protection of the site will, in the judgement ofthe Geological Survey of Ireland, contributesignificantly to the conservation of geological,geomorphological or fossil features.pg 7

Living with Nature: The Designation of Nature Conservation Sites in IrelandThe Designation Process – A Step by Step GuideSTEP 2 – ADVERTISEMENT AND NOTIFICATION OF NATURE CONSERVATION SITESOnce a site has been identified, landowners arenotified and it becomes a “proposed NaturalHeritage Area”, “proposed candidate Special Areaof Conservation” or a “proposed Special ProtectionArea” as the case may be.All reasonable effort is made to identify and notifythe owners of lands within these areas. SAC, NHAor SPA map boundaries are sent to landowners sothey can determine whether their land is locatedwithin a conservation area.A freephone number, 1800 40 5000, is available iffurther clarification is required.A list of activities that might damage the wildlifeinterests of the site, and measures required toprotect the site, is also provided. These arecalled the “Notifiable Actions”.As well as notifying individuals, proposals for NHAs,SACs and SPAs are advertised in the localnewspapers and on local radio. Relevant maps arealso displayed for public viewing in the local officesof the Department of the Environment, Heritage andLocal Government, the local offices of theDepartment of Social and Family Affairs, Teagasc/Farm Development Service local offices. Maps willalso be available for consultation in the local countylibrary as well as local Garda Stations.Sites are legally protected once they are publiclyadvertised.Raised Bogs were the first habitat type to berecognised and protected under the provisions ofthe Wildlife (Amendment) Act 2000.75 sites, mainly in midland counties, have beenafforded protection.The notification procedures for NHAs are similar tothose outlined above in respect of SACs.pg 8

EXAMPLES OF CONSERVATION AREASSPECIAL AREAS 1: Lough SwillyLiving with Nature: The Designation of Nature Conservation Sites in IrelandLough Swilly has both SAC and SPA areas. The SACextends from below Letterkenny to just north ofBuncrana. The SPA covers the inner Swilly, fromLetterkenny to Whale Head and also includes theestuaries of the Leannan and Ray Rivers.Shallow water, intertidal sand and mud flats are the dominanthabitats. Clams, cockles, mussels and polychaete worms arecommon.Lough Swilly is one of the most important wetlands for birds inIreland. In autumn and winter, the shallow waters providesuitable habitat for grebes and diving duck, while the intertidalflats are used by an excellent diversity of wildfowl and waders.At high tide, the duck and wader species roost on the saltmarshes and shorelines, with some species moving to theadjacent pasture and arable fields.22 species of waterfowl occur in nationally important numbers,3 of these in internationally important numbers. The Departmentwill shortly propose additional areas for extensions to the SPAto cover all of the most important areas.Salt marshes are well represented in the inner sheltered areasof the site, with good examples in the Ramelton area. Themarshes are the Atlantic salt meadow type, and arecharacterised by such species as Thrift, Sea Milkwort, Sea Asterand Sea Arrowgrass.Inch Lake and Blanket Nook are man-made lakes with typicalbrackish water species of flora and fauna.Two woodlands occur adjacent to the northwestern shore ofLough Swilly. These are Rathmullen and Carradoan Woods, theformer being a Nature Reserve. They are dominated by SessileOak and Birch, but many other species are present includingnon-native species such as Beech. These woodlands display agenerally intact structure and support a range of breeding birds,including Woodcock.A further area of woodland, scrub and heath occurs above thenortheast shore at Crockacashel and at Porthaw. Oak/Hazelscrub is frequent, and there is a well-developed ground florawith species such as Wood-sorrel , Herb Robert, Lady’s fernand Broad Buckler Fern. The SAC supports a population ofOtter, a species listed on Annex II of the EU Habitats Directive.pg 9

Living with Nature: The Designation of Nature Conservation Sites in IrelandEXAMPLES OF CONSERVATION AREASSPECIAL AREAS 2:Killarney NationalPark, Macgillycuddy’s Reeks andCaragh River CatchmentThis is the largest SAC in the country, encompassing themountains and lakes of the Iveragh peninsula, and thePaps Mountains which stretch eastward from Killarneytowards Millstreet. It is the most mountainous region inIreland and includes Carrauntoohil (1039m), the highestpeak in the country. It also includes Killarney National Park.The site is of great ecological interest, with a great range ofhabitats such as yew wood, oak wood, bog, lakes (upland andlowland), heath (wet, dry and alpine) and rivers. Many of thehabitats, are required to be protected, by EU Directives.The site contains many lakes. Most are in a very healthy conditionbut Lough Leane, the largest fresh water body in the region, hasbecome eutrophic as a result of pollution from Killarney town andagricultural runoff.The rivers associated with these lakes are also of importance.Rocks around the smaller mountain streams often support lushvegetation of ferns, mosses and liverworts, most notably at TorcWaterfall.A large number of interesting plant and animal species are present.A few examples are:Slender Naiad and Killarney Fern, both singled out for conservationmeasures in the Habitats Directive; and Pillwort, Kerry Lily, IrishLady's Tresses and Slender Cudweed, which are legally protected.The SAC is very important for mosses and ferns and fungi,particularly the woodland species.The National Park is also designated as SPA. Important speciesinclude Greenland White-fronted Goose, Peregrine, Merlin,Kingfisher and Common Tern. The woodlands provide habitat for avariety of breeding birds, most notably Garden Warbler, Blackcap,and probably a few pairs each of the rare Redstart and WoodWarbler.The area is valuable for freshwater fish. The Killarney Shad is aunique land-locked subspecies confined to the Killarney lakes. Theglacial relict, Arctic Char, is present in several of the lakes and aunique form of char is found in Lough Coomasaharn. Salmon,brook lamprey and sea lamprey also occur.There are numerous notable invertebrates within the site, includingKerry Slug, Freshwater Pearl-mussel and the Marsh Fritillarybutterfly. The Kerry Slug and Pearl-mussel populations are ofparticular importance in an international context. Other species ofnote include two emerald-green dragonflies (Cordulia aenea andSomatochlora arctica), which are very rare in Ireland.pg 10

The Designation Process – A Step by Step GuideLiving with Nature: The Designation of Nature Conservation Sites in IrelandSTEP 3 - OBJECTIONS AND APPEALSSTEP 4 - DESIGNATIONObjection or appeal can be made against theinclusion of a section of land in a SAC, SPA orNHA. A person can only make objections if theyhave a legal interest in the site (i.e. an owner or legaluser). They must be made on scientific grounds, e.g.a landowner would show that the relevanthabitats/species/geological features were notpresent in such a condition as to warrantdesignation. Appeals can also be made for theinclusion of lands. Appeals should be accompaniedby a map of the area of concern and be asinformative as possible. There are two stages to theappeals process:1st stage: Internal ReviewTo initiate an internal review of proposals to includea section of land, write to:Designated Areas Appeal SectionThe Department of the Environment, Heritage andLocal Government7 Ely Place,Dublin 2.Alternatively, you may initiate an internal review bycontacting your local Conservation Ranger (seecontact list within this booklet).Local conservation staff of the Department will thenre-examine the scientific grounds for including thesection of land in question. The ConservationRanger will discuss the matter with you and make arecommendation to local management. You will thenbe informed of the outcome of the internal review.2nd stage: Appeal to Nature ConservationDesignation Appeals BoardThe Nature Conservation Appeals Board isindependent of the Department and is comprised ofequal representation of landowners/users andconservationists. The Board has an independentchairperson. The Board makes a recommendationon each appeal to the Minister who then decides onthe outcome of the appeal.You may appeal to the Nature Conservation AppealsBoard only where an application for an internalreview of proposals to include a section of land hasbeen made and has not been successful.Three months is allowed by law for objections to theproposal to designate a site. In practice, objectionsare given full consideration even after the formal timelimit has expired.Details on each proposed SAC are transmitted tothe EU Commission, after which it is called a“candidate SAC”. All the European candidate sitesare examined by representatives of member states,independent scientists and NGO representatives.Once adopted by the EU commission, the sites willbe formally designated by the Minister.SPAs are designated by the Minister withoutreference to the EU, although the Commission canand does seek to ensure that the total areadesignated is adequate within the terms of the BirdsDirective.NHAs are designated by the Minister withoutreference to Europe.If you request an internal review, localconservation staff will re-examine thescientific grounds for including theparticular section of land within a natureconservation area. The ConservationRanger will discuss the matter with youand make a recommendation to localmanagementpg 11

Living with Nature: The Designation of Nature Conservation Sites in IrelandConsultation and PlanningAt a national level, the Department consultsregularly with the major farming and conservationgroups as well as other government departments.For consultation at a local level, owners of landsand/or rights in designated areas are encouraged toform Liaison Committees, which are a first point ofcontact for consultation by the Department withinterested parties on the designation andmanagement processes. There are many suchcommittees in existence, and more are being set up.Conservation PlanningThe Department will produce a draft conservationplan for each SAC, SPA and NHA. Each plan willlist the wildlife resources of the area, the currenthuman uses, any conflicts between the two, andstrategies for retaining the conservation value. Thisdraft document will be given to the liaisoncommittee and other interested parties fordiscussion and consultation. The Department willthen prepare a final version of the conservation plan.Consultation on draft consultation plans has begun.Conservation Plans, once complete, will bereviewed on a 5 year cycle.pg 12

EXAMPLES OF CONSERVATION AREASLiving with Nature: The Designation of Nature Conservation Sites in IrelandSPECIAL AREAS 3: Hook Headpg 13Hook Head SAC is an area of marine subtidal reefs tothe south and east of the Hook Head Peninsula andincludes the sea cliffs from Hook Head to Baginbun andIngard Point. The site adjoins the estuary mouth ofBannow Bay. Hook Head itself is internationallyimportant for fossils. The site contains two habitatslisted under the EU Habitats Directive, i.e. reefs and seacliffs.The reefs around Hook Head have excellent examples oftideswept communities and species richness is high in both theshallow and deep-water communities. The latter is characterisedby cushion sponges, with branching sponges and the rose‘coral’ Pentapora foliacea. In addition the sponge Stryphnusponderosa, the sea squirts Sidnym elegans, Distomusvariolosus and Stolonica socialis and the brittlestar Amphiurasecurigera are present. These species have a limited distributionin Ireland. The rare red algae Schixymenia dubyi also occurs.The rocky shorelines and vegetated sea cliffs are characterisedby species such as Thrift, Rock Samphire, Rock Sea-lavender,Sea Plantain, Buck's Horn Plantain, Rock Sea-spurrey and SeaMayweed. The cliffs and headlands are also of ornithologicalinterest for breeding Choughs, Ravens and Peregrines, and as alandfall for migrant bird species.

Living with Nature: The Designation of Nature Conservation Sites in IrelandThe Impact of Designation onFarming Practices and Land UseFarmingIn most cases where lands are included in a SAC,SPA or NHA, farmers will not have to change theirfarming methods; it is more likely that farmers will berequested to carry on in the traditional way. In somesituations changes may be necessary. TheDepartment consults with farmers and advises themon the appropriate changes that may need to bemade. Where a farmer is required to take particularaction to protect the wildlife interest of the site,compensation may be payable, either through theRural Environment Protection Scheme, or based ona Departmental farm plan.It is the responsibility of the Department to see thatdesignated sites are protected from significantdamage. Where a landowner is considering makingchanges on his farm that might affect wildlife habitatin a designated area, he must consult the localConservation Ranger beforehand.Developments likely to cause significant damage tothe wildlife importance of a designated site will notbe allowed. The only exceptions allowed in SACsand SPAs are for reasons of over-riding publicinterest, in the absence of any realistic alternative.It is Irish Government policy, and EU policy, not toallow grant-aided developments that damage theenvironment.Notifiable ActionsCertain activities restricted within SACs, SPAs andNHAs can only be carried out with the permission ofthe Minister for the Environment and LocalGovernment. In the case of NHAs, 3 months writtenprior notice is required to be given to the Ministerbefore undertaking any notifiable activities. Pleasecontact your local ranger if you require clarification.These are called Notifiable Actions and varydepending on the type of habitat that is present onthe site. Landowners are sent copies of theNotifiable Actions that are relevant to their lands.For example, Notifiable Actions for a riverbank in aSAC include:• The use of fertilisers, pesticide or herbicide nearthe river-bank• The alteration of the river flow• The removal of trees or vegetation from within 30metres of the river-bank• The introduction of new species of plants oranimals not currently found in the area.For a sand dune area, Notifiable Actions include:• Removal of sand• Dumping• Ploughing, reseeding or fertilising• Supplementary feeding of livestockWhere a landowner has a current approved farmplan under the Rural Environmental ProtectionScheme (REPS), or an equivalent scheme, thelandowner need only notify the Minister of activitiesnot covered in the plan.pg 14

EXAMPLES OF CONSERVATION AREASLiving with Nature: The Designation of Nature Conservation Sites in IrelandSPECIAL AREAS 4: Lambay Islandpg 15Lambay Island is a large (250 ha.) privately-owned islandlying 4 km off Portrane on the north Co. Dublin coast,which has long been maintained as a wildlife sanctuaryby its owners. The island rises to 127 m and issurrounded by steep cliffs on the north, east and southslopes. The west shore is low-lying and the land slopesgently eastwards to the summit in the centre of theisland. Lambay Island is designated as a SAC and SPA.Lambay is internationally important for its breeding seabirds andhas the biggest seabird colony in Ireland. The most numerousspecies is the Guillemot, whose nesting population has risenfrom 10,500 in 1970 to 60,000 in 1999. Razorbills, Kittiwakes,Herring Gulls, Shags, Cormorants, Puffins and other seabirdsalso breed here.In winter Greylag Geese use the island, along with smallnumbers of Barnacle and Brent Geese.Lambay supports the only colony of Grey Seals on the eastcoast. Although it is a long established breeding site for thisspecies, it remains relatively small (45-60 individuals) probablybecause of the restricted area suitable for breeding. Grey Sealsare listed on Annex II of the EU Habitats Directive.Most of the western third of the island is intensively farmed(mostly pasture), and there are small areas of parkland,deciduous and coniferous woodland, buildings, walled gardensand the harbour. Much of the rest of the island is a mixture ofless intensively grazed land, rocky outcrops, patches of Brackenand Bramble, and cliff slopes with typical maritime vegetatione.g. Thrift, Sea Campion, Rock Sea-spurrey and Spring Squill.Some sheltered gullies have small areas of scrub woodlanddominated by Elder.

Living with Nature: The Designation of Nature Conservation Sites in IrelandThe Impact of Designation on Farming Practices and Land UseA landowner can appeal a refusal of consent for anotifiable activity, by contacting freephone 1800405 000.Farming prescriptions and Farm PlansIt is a condition of a number of farm-relatedpayments that the farmer must be signed up foreither a REPS or Departmental farm plan. Thisrequires an agreed approach on how to managefarming in, and around, wildlife habitats. TheDepartment of the Environment, Heritage and LocalGovernment has agreed farming prescriptions forsome habitats with the Irish Farmers’ Association(IFA), the Irish Creamery Milk Suppliers Association(ICMSA), and the Department of Agriculture andFood. These habitats are: the Burren, blanket bogs,heaths, upland grasslands, sand dune habitats andmachair. Agreement has yet to be reached onprescriptions for a number of other habitats such ascallow type land, river banks turloughs and intensivegrasslands, and discussions are on going with therelevant farm organisations.Farm planners will then use these prescriptionswhen drawing up REPS plans or Departmental farmplans.significant damage to SACs and SPAs. As withfarming, developments likely to cause significantdamage to the wildlife importance of a designatedsite must not be allowed.Local Authorities (Co. Councils, Corporations etc.)are provided with maps of conservation sites in theirareas and are required by law to incorporate theseinto their Development Plans. If a proposeddevelopment is likely to have an adverse effect on asite, an alternative approach may be suggested.SACs do not automatically prohibit development.Developments not causing significant harm to theconservation interest of a site may be permitted.Grazing, Sporting and Turf-Cutting RightsThose who own these rights have the sameresponsibility as landowners to ensure that theiractivities do not damage the wildlife quality of a site.Any person who illegally damages a site may beprosecuted or required to repair damage.The designation of a SAC, SPA or NHA rarelyaffects the shooting interests on the site.Planning ApplicationsPlanning authorities are required by law to ensurethat developments in their area do not cause anypg 16

Living with Nature: The Designation of Nature Conservation Sites in IrelandThe Impact of Designation on Farming Practices and Land UseLicencesAll public authorities and Government Ministers wholicence activities in SACs and SPAs must assessapplications in the light of the conservation interestof the sites. The Minister for the Environment andLocal Government must assess acitivities notlicenced by other Ministers or Authorities. Otherbodies that have direct responsibility forimplementing conservation directives are as follows:The Department of Agriculture and FoodThe Department of Communications, Marineand Natural ResourcesThe Office of Public WorksThe Environmental Protection AgencyLocal AuthoritiesAn Bórd PleanálaThe National Roads AuthorityWaterways Irelandpg 17

Living with Nature: The Designation of Nature Conservation Sites in IrelandEXAMPLES OF CONSERVATION AREASSPECIAL AREAS 5: Lough MelvinLough Melvin is a cross-border SAC. Most of the lake isin north Leitrim but part is in Fermanagh.Lough Melvin is an “oligo-mesotrophic” lake, i.e a lake with littlebuild-up of nutrients in the water. It is 13 km long by 3 km wide.The average depth is 8.5 m with a maximum depth of 45 m.A number of inflowing and outflowing streams and rivers are inthe SAC, including the Drowes River which links the lake toDonegal Bay. Several large islands occur on the lake.Lough Melvin has a remarkable fish community. It has threeraces of Brown Trout (Salmo trutta) - Ferox, Sonaghen andGillaroo - which have distinctive characteristics and separatespawning grounds, and there is much scientific interest in thepossibility that they are really separate species. The lake’sinflowing and outflowing streams, which are used for spawningby these Brown Trout “races”, are included in the site.The Drowes River is an internationally-renowned salmon fishery.In addition to the trout and salmon, there is a population of theArctic Char, which has been in the lake since the end of the lastIce Age. Char normally go to sea like salmon, but Irishpopulations are land-locked and the fish remain small unlike theirArctic cousins.Moderate numbers of waterfowl use the lake and GreenlandWhite-fronted Geese, a species listed on Annex I of the EUBirds Directive, have occasionally been reported from the site.The lake has a good diversity of aquatic plants, indicative ofgood water quality. Swamp vegetation is generally sparse, beingbest developed in the sheltered bay areas. The most extensiveterrestrial habitat in the site is lowland wet grassland. This ishighly variable throughout the site in both its speciescomposition and species richness.Wet deciduous woodland, dominated by Alder, Goat Willow andDowny Birch, is common in places. Drier woodland exists inother areas, with Hazel, Ash, Holly and Hawthorn andassociated ground cover.Four plant species which are listed in the Irish Red Data Book,Globeflower (Trollius europaeus), Marsh Helleborine (Epipactispalustris), Blue-eyed-grass (Sisyrinchium bermudiana) andTea-leaved Willow (Salix phylicifolia), are found in this site.The Globeflower is also protected under the Flora ProtectionOrder (1999).pg 18

Living with Nature: The Designation of Nature Conservation Sites in IrelandCompensation for Land Owners and UsersThe Government is committed, as part of the socialpartnership process, to the payment of a fair andproper level of compensation to landowners andusers who have lands proposed for designation as aNHA, SAC or SPA.Rural Environmental Protection Scheme(REPS)Lands within a candidate SAC, designated SPA,proposed NHA or Commonages are defined as‘Target Areas’ under this scheme. Farmers in thetarget areas who participate in the REPS schemereceive higher payments than those elsewhere.Farmers with small areas of land in a NHA, SAC orSPA can get REPS payments for that part of theirfarm. In either case, the farmer is subject to certainconditions regarding farming and land use practices,set out in the REPS plan for the farm.Departmental Farm PlansWhere a farmer chooses not to participate in REPS,and the Department seeks to change the farmoperation in some way or to end a particular activity,the Department will pay for preparation of a farmplan. This will normally be confined just to thedesignated lands, and will address the conservationrequirements. The farm plan will list options forachieving these requirements and indicate the actualcosts to the farmer. The Department and the farmerwill then negotiate an agreement on the plan andpayment of the costs.The Department will train farm planners inpreparation of farm plans for non-REPS farmers. Alist of approved planners will be available to thefarmer to choose from.Compensation for landowners who are notfarmingA landowner may seek compensation for actuallosses incurred as a result of having land included ina NHA, candidate SAC or SPA. Eligible landownersshould submit to the Department, details of thelosses incurred as a result of the inclusion of landsin a NHA, SAC or SPA, outlining the basis for thecalculations. Documentary evidence of past earningsand the activities that produced these should beincluded with the claim. Should the applicant bedissatisfied with a compensation that is made, thecase may be referred to an independent arbitratorwho will review the matter and make a final decision.Where a proposed SAC/NHA/SPA prevents thelandowner from carrying out an activity ordevelopment on their land, the compensation duewill exclude any payments that have been attractedunder grant schemes (other than headage or premiapayments).AquacultureThe compensatory arrangements outlined aboveapply also to aquaculture / foreshore licenceholders, who may seek compensation for actuallosses incurred as a result of having their area ofoperations included in a candidate SAC / SPA.Eligible licence holders wishing to use this optionshould submit to the Department, details of thelosses incurred as a result of the inclusion of landsin a proposed candidate SAC or SPA, outlining thebasis for the calculations. Documentary evidence ofpast earnings, and the activities that producedthese, should be included with the claim.The Department will prepare conservation plans inconsultation with local interest groups. These planswill take account of aquaculture, fishing and leisureactivities. Compensation will be provided for actualincome loss due to the implementation of theseplans.pg 19

Living with Nature: The Designation of Nature Conservation Sites in IrelandOther designationsNature ReservesA Nature Reserve is an area of importance towildlife, which is protected under Ministerial order.Most are owned by the State. However, some areowned by organisations or private landowners, andpersons interested in acquiring statutory protectionfor their lands can seek advice on this matter fromthe Department.Flora Protection OrderUnder the Wildlife Act, 1976, particular plants areprotected under a Flora Protection Order. It is anoffence to cut, uproot or damage these plantsunless under licence from the Minister for theEnvironment, Heritage and local Government. It isalso an offence to wilfully damage or interfere withthe habitat in any way except under licence. TheFlora Protection Order lists 68 species for strictprotection.Refuge for Fauna or FloraUnder the Wildlife Acts, the Minister may designateRefuges for wild birds or wild animals or flora andimpose protective measures to conserve both thespecies and their habitats. Seven such refugesalready exist; they are mainly islands or cliff faces.Wildfowl SanctuariesThese sanctuaries are areas that have beenexcluded from the ‘Open Season Order’ so thatgame birds can rest and feed undisturbed. There are68 sanctuaries in the State. Shooting of game birdsis not allowed in these sanctuaries.Management AgreementsThe Wildlife Act, 1976, enables the Minister to enterinto a voluntary management agreement with privatelandowners. Under these agreements landownerswill manage their lands to ensure that desirablewildlife habitats are protected. Payment for suchresponsible management may be agreed. However,the number and type of such agreements dependson the resources available to the Department at anytime.CANDIDATE SPECIAL AREAS OFCONSERVATION IN IRELANDSPECIAL PROTECTION AREAS –PROPOSED AND EXISTINGpg 20

EXAMPLES OF CONSERVATION AREASLiving with Nature: The Designation of Nature Conservation Sites in IrelandSPECIAL AREAS 6: East Burren ComplexThis SAC covers 18,800 hectares of the Burren in northClare and a small part of southwest Galway. The areaencompasses a complete range of limestone habitatsthat include the largest expanse of limestone pavementin the country, and includes one of the most importantand extensive examples of a low-nutrient wetlandsystem. It holds an array of habitats associated withlimestone, including orchid-rich grassland, heath, scrub,woodland, lakes and turloughs. The site exhibits some ofthe best limestone wetlands to be found in Europe.The Burren is renowned for its plant life, including species suchas Spring Gentian, Mountain Avens and Bloody Cranesbill.There are 8 turloughs within the site. Turloughs are lake basinswhich fill in the winter months and dry out during summer. Theyhave a distinctive and unusual vegetation and some specialistanimals associated with them.The SAC hosts Lesser Horseshoe Bat, a cave-dwelling specieswhich is in decline across Europe. Pine martens arewidespread.When winter arrives in the east Burren wetlands, Mute andWhooper Swan come in large concentrations. Wigeon,Lapwing, Dunlin, Black-tailed Godwit and Goldeneye arenumerous. Greenland White-fronted Geese also occur.SPECIAL AREAS 7: Bandon RiverThe site consists of relatively short adjoining stretches ofthe Bandon and Caha rivers in west Cork and isdesignated as both a site of national importance (NHA),and European importance (SAC). The area is significantfor a number of reasons. It contains small though veryimportant examples of two priority habitats, AlluvialForest and Floating River Vegetation. Otter, Salmon,Brook Lamprey and Freshwater Pearl Mussel are allspecies listed in the Habitats Directive that are presenton the site. The population of mussel is thought to benationally important.pg 21

Living with Nature: The Designation of Nature Conservation Sites in IrelandHABITATS LISTED IN ANNEX 1 OF THE HABITATS DIRECTIVE FOR WHICH SITESHAVE BEEN SELECTED IN IRELANDPRIORITY HABITATS• Coastal Lagoons (Code 1150)• Fixed Coastal Dunes withHerbaceous Vegetation(Grey Dunes) (Code 2130)• Decalcified Fixed Dunes withEmpetrum nigrum (Code 2140)• Atlantic Decalcified Fixed Dunes(Code 2150)• Machair (Code 21ao)• Turloughs (Code 3180)• Semi-Natural Dry Grassland andScrubland Facies on CalcareousSubstrates (Code 6210)• Species-Rich Nardus Grasslands, onSiliceous Substrates in MountainAreas (Code 6230)• Active Raised Bogs (Code 7110)• Blanket Bog (Active) (Code 7130)• Calcareous Fens with Cladiummariscus (Code 7210)• Petrifying Springs with TufaFormation (Code 7220)• Limestone Pavements (Code 8240)• Bog Woodland (Code 91d0)• Alluvial Forest (Code 91e0)• Taxus baccata Woods of theBritish Isles (Code 9580)NON-PRIORITY HABITATS• Sand Banks which are slightlycovered by sea water at all times(Code 1110)• Estuaries (Code 1130)• Mudflats and Sandflats not coveredby seawater at low tide(Code 1140)• Large Shallow Inlets and Bays(Code 1160)• Reefs (Code 1170)• Annual Vegetation of Drift Lines(Code 1210)• Perennial Vegetation of Stony Banks(Code 1220)• Vegetated Sea Cliffs of the Atlanticand Baltic Coasts (Code 1230)• Salicornia and other AnnualsColonizing Mud and Sand(Code 1310)• Atlantic Salt Meadows(Code 1330)• Mediterranean Salt Meadows(Code 1410)• Mediterranean and Thermo-AtlanticHalophilous Scrubs (Code 1420)• Embryonic Shifting Dunes(Code 2110)• Shifting Dunes Along The Shorelinewith Ammophila arenaria(White Dunes) (Code 2120)• Dunes with Salix repens ssp.argenta (Code 2170)• Humid Dune Slacks (Code 2190)• Oligotrophic Waters containing veryfew minerals of Sandy Plains (Code3110)• Spartina Swards (Code 1320)• Oligotrophic to MesotrophicStanding Waters (Code 3130)• Hard Oligo-Mesotrophic Waters withBenthic Vegetation of Chara Spp.(Code 3140)• Natural Eutrophic Lakes(Code 3150)• Natural Dystrophic Lakes and Ponds(Code 3160)• Water Courses of Plain to MontaneLevels with Aquatic Vegetation(Code 3260)• Rivers with Muddy Banks withChenopodion Rubri p.p. andBidention p.p. Vegetation(Code 3270)• Northern Atlantic Wet Heaths withErica tetralix (Code 4010)• European Dry Heaths (Code 4030)• Alpine and Boreal Heaths(Code 4060)• Juniperus communis Formations onHeaths or Calcareous Grasslands(Code 5130)• Calaminarian Grasslands(Code 6130)• Molinia Meadows on Calcareous,Peaty or Clayey-Silt-Laden Soils(Code 6410)• Hydrophilous Tall Herb FringeCommunities (Code 6430)• Lowland Hay Meadows (Alopecuruspratensis, Sanguisorba officinalis)(Code 6510)• Degraded Raised Bogs Still Capableof Natural Regeneration(Code 7120)• Transition Mires and Quaking Bogs(Code 7140)• Alkaline Fens (Code 7230)• Siliceous Screes (Code 8110)• Calcareous and Calc Schist Screes(Code 8120)• Calacareous Rocky Slopes withChasmophytic Vegetation(Code 8210)• Sileceous Rocky Slopes withChasmophytic Vegetation(Code 8220)• Caves Not Open To The Public(Code 8310)• Old Sessile Oak Woods with Ilexand Blechnum in British Isles(Code 91a0)• Submerged or Partly SubmergedSea Caves (Code 8330)SPECIES LISTED IN ANNEX II OFTHE HABITATS DIRECTIVE FORWHICH SITES HAVE BEENSELECTED IN IRELAND• LESSER HORSESHOE BAT(Rhinolophus hipposideros)• OTTER (Lutra lutra)• GREY SEAL (Halichoerus grypus)• COMMON SEAL (Phoca vitulina)• BOTTLE-NOSED DOLPHIN(Tursiops truncatus)• PORPOISE (Phocaena phocaena)*• BROOK LAMPREY(Lampetra planeri)• RIVER LAMPREY(Lampetra fluviatilis)• SEA LAMPREY(Petromyzon marinus)• SALMON (in fresh waters only)(Salmo salar)• TWAITE SHAD (Alosa fallax)including KILLARNEY SHAD(A. f. killarnensis)• WHITE-CLAWED CRAYFISH(Austropotamobius pallipes)• MARSH FRITILLARY BUTTERFLY(Euphydryas aurinia)• KERRY SLUG(Geomalacus maculosus)• FRESH WATER PEARL MUSSEL(Margaritifera margaritifera)• FRESHWATER PEARL MUSSEL(Margaritifera durrovensis)**• WHORL SNAIL Vertigo angustior• WHORL SNAIL Vertigo geyeri• WHORL SNAIL Vertigo moulinsiana• KILLARNEY FERN(Trichomanes speciosum)• SLENDER NAIAD (Najas flexilis)• MARSH SAXIFRAGE(Saxifraga hirculus)• SHINING SICKLE MOSS(Drepanocladus vernicosus)• PETALWORT (Petallophyllum ralfsii)* site selection process not yetcomplete** now believed to be a form ofMargaritifera margaritiferapg 22