European Communities (Quality of Shellfish Waters)
Regulations 2006
S.I. No. 268 of 2006
Regulation 6 Action Programme
Kilmakilloge Harbour, Kenmare Bay, Co Kerry.
Date Designated:
1994 under the Quality of Shellfish Waters Regulations (S.I.
No. 200 of 1994, as amended by S.I No. 459 of 2001). These
Regulations have now been replaced by the European
Communities (Quality of Shellfish Waters) Regulations, 2006
(S.I. No. 268 of 2006).
Boundaries:
Attached map shows the boundary of the Designated Shellfish
Area, discharge points, and aquaculture licensed sites. The area
shown on the attached map corresponds to the area shown on
the Map of Record associated with S.I. No. 268 of 2006.
Sampling and Analysis: Sampling point is within a 50m radius of 074 330E, 059
300N (Lat. 51 46 20.8 N, Long. 9 49 16.8 W).
Bord Iascaigh Mhara (BIM) has been tasked by the Minister for
Communications, Marine and Natural Resources (CMNR) with
undertaking the sampling and monitoring regime required
under the Directive and the Regulations. This is carried out in
conjunction with the Marine Institute (MI).
Responsibilities of Public Authorities:
The Minister for CMNR is primarily responsible for ensuring
implementation of the terms of the Directive and the
implementing Regulations.
For this purpose the Shellfish
Waters Management Committee (SWMC) has been established
by the Minister for CMNR (see section on “Review of
Programme” below).
Regulation 4 of S.I. No. 268 of 2006, inter alia, places an
obligation on every public authority that has functions, the
performance of which may effect shellfish waters, to perform
its functions in a manner that promotes compliance with the
Directive and the Regulations, and to take such actions that will
secure compliance with the Directive and the Regulations and
with this action programme. The “prescribed public authorities”
are those listed in Schedule 1 to S.I. No.268 of 2006 and are
consulted by the Minister for CMNR in establishing and
reviewing this action programme, and in investigating any
instances where the designated waters fail to comply with
mandatory standards.
Some of the “prescribed public
authorities” are also represented on the SWMC.
Description of Area: The designated area of Kilmakilloge Harbour is located on the
south shore of Kenmare Bay in County Kerry, in Southwest
Ireland. The bay is long, narrow and south west facing, and
spans the border between Counties Cork and Kerry. Kenmare
Bay is approximately 36km in length and its width goes from
1km at the eastern end to 9km closer to the open sea.
Kilmakilloge Harbour extends to approximately 564 ha, all of
which is covered under the designation apart from the small
area south of the road between Lauragh and Reenkilla. The
catchment of the bay is mountainous, and is drained by two
main rivers, the Owenshagh and the Croanshagh. Each has
good water quality, though this may be affected by runoff from
farmland during wet weather conditions.
Population:
The total population of the catchment is 483. There are no
centres of population within the catchment.
Sewage Collection Systems: There are no centres of population and hence no
sewage collection systems within the catchment.
Septic Tanks:
The two electoral districts that border the designated area of
Kilmakilloge cover an area of 10,745 hectares, and have a
population of 483. This represents a population density of 0.04
people per hectare. The waste water from each house is treated
via a septic tank.
The geology of the area is sandstone and this is classed as a
poor to moderate aquifer.
Development:
There is no great development pressure in the catchment of
Kilmakilloge. The rate of new house construction is low, and
is mainly replacement housing for the local population rather
than for holiday homes. There are no development pressures
from industry, as the area is quite isolated, far from raw
materials, workforce, and markets.
To have planning permission granted for one-off housing, it is
necessary to show that the soil conditions on the site are
suitable for the purpose. There must be adequate percolation to
make the use of a septic tank efficient, and these tanks must be
sited an adequate distance from water courses to minimise the
risk of contamination of water bodies.
Agriculture:
The estimated numbers of cattle and sheep are 2590 and 9040
respectively. Sheep numbers in the South west region have
been reduced by 16% between 1995 and 2004, reducing their
potential impact on water quality. Cattle numbers have
decreased by 2% in the same interval. With the advent of
decoupling of headage payments this number is expected to fall
further in the immediate future.
More generally, S.I. No. 788 of 2005 (European Communities
(Good Agricultural Practice for Protection of Waters)
Regulations 2005) will significantly enhance measures for the
protection of waters from potential pollution from agriculture.
Salmon Farming:
Salmon production in the harbour averaged 183.5 tonnes per
annum between 2000 and 2003.
Shellfish Activity:
The average annual production of mussels in the designated
area between 2000 and 2004 was 410 tonnes. Gigas Oyster
production between 2000 and 2002 averaged approx 4.3 tonnes
per annum
Classification:
Kilmakilloge Harbour is classified ‘B’ (mussels) in accordance
with the European Communities (Live Bivalve Molluscs)
(Health Conditions for Production and Placing on the Market)
Regulations, 1996 (S.I. No. 147 of 1996).
Summary of Total Discharges (all types) in relevant catchment area relating to
Designated Shellfish Area.
Discharge Type
No. Discharging
directly into area
No. Discharging
in a 5km radius
No. Discharging
in a 5-10Km
radius
No. Discharging
in a 10-20Km
radius
Sewage
IPPC
Section 4
Section 16
Treatment Plant
CSO
Drainage
Other/Sludge
Nil
Nil
Nil
Nil
Nil
Nil
Nil
1
Nil
Nil
1
Nil
Nil
Nil
Nil
Nil
Nil
Nil
Nil
Nil
Nil
Nil
Nil
1
Nil
Nil
Nil
Nil
Nil
Nil
Nil
Nil
Assessment of Compliance
Results from sampling over the past 12 months shows that the area is in compliance
for parameters 1-9. Organohalogen levels have been below the limit of detection.
In the past 12 months 75% of samples have been below the Guide value of 300 fc per
100ml of flesh. Prior to the one sample (May 2005) that has exceeded the Guide
value the designated waters were 100% compliant.
The waters are therefore deemed compliant.
Risks /Actions regarding Discharges
Type: Section 4
Discharge
Ref.
Effluent
from Trout
fish farm
Level of
treatment
Primary
Pop. Equ.
/Volume
100m3/day
Responsible
Authority
Kerry County
Council
Risks/Actions and Timescale
Issue: Potentially a source of BOD
Action: Farm is not operational at
present therefore no action required at
this time.
Type: Other
Discharge
Ref.
Report of
sewage
dumping in
the Harbour
Level of
treatment
n/a
Salmon
Farms
n/a
Pop. Equ.
/Volume
Unknown
N/a
Responsible
Authority
Kerry County
Council
DCMNR
Risks/Actions and Timescale
Issue: Kerry Co Co is investigating an
alleged dumping of sewage in
Kilmakillogue Harbour.
Action: Result of investigation by Kerry
County Council is awaited. BIM to
liaise with Kerry Co Co.
Issue: Potential impact on BOD in the
area.
Action: DCMNR to review benthic
monitoring for all relevant sites with
Marine Institute.
Other Actions:


Continued monitoring of water quality within the designated area.
Continued liaising between all relevant agencies to ensure that information is
up to date, accurate and available to all interested parties.
Review of Programme
This action programme will be managed by the SWMC consisting of representatives
of the Minister for Communications, Marine and Natural Resources, the Minister for
the Environment, Heritage and Local Government, the Minister for Agriculture and
Food, BIM, the Environmental Protection Agency (EPA) and the M.I. Other public
authorities, as relevant to the particular geographical area encompassed by the
programme, may also be represented.
This programme will be reviewed every six months. Comments, suggestions etc. can
be relayed to the Coastal Zone Management Division, Department of
Communications Marine and Natural Resources, Leeson Lane, Dublin 2, tel:
6782000, fax: 6782159, or e-mail foreshore@dcmnr.gov.ie.
Key:
IPPC – Integrated Pollution Prevention and Control Licence issued by the
Environmental Protection Agency under the Environmental Protection Agency Act,
1992.
Section 4 – a licence issued by the relevant local authority under Section 4 of the
Local Government (Water Pollution Act), 1977 for the discharge of trade effluent or
sewage effluent to waters.
Section 16 - a licence issued by the relevant local authority under Section 16 of the
Local Government (Water Pollution Act), 1977 for the discharge of any trade effluent
or other matter (other than domestic sewage or storm water) to a sewer.
CSO – Combined Storm Overflow.
WSIP – Water Services Investment Programme.
DEHLG – Department of the Environment, Heritage and Local Government.
DCMNR – Department of Communications, Marine and Natural Resources.
26 May 2006