European Communities (Quality of Shellfish Waters)
Regulations 2006
S.I. No. 268 of 2006
Regulation 6 Action Programme
Inner Bay, Maharees, 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Regulations have now been replaced by the European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:
All points south west of an imaginary line from Rough Point,
(062 660E 120 150N), to 065 210E 120 150N, to 062 500E 114
240N to the High Water Mark as delineated on attached map
Map also shows discharge points, and location of native oyster
bed within Oyster Order area. 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 50 m radius of 062 700E, 115
350N (Lat. 52 16 23 N, 10 00 43.9 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 Inner Bay, Maharees, Co. Kerry
covering an area of approx. 866 hectares, lies completely
within the area of the Oyster Order held by Tralee Bay Oyster
Fishery Co-operative Society Ltd. (TOFS) and is situated on
the eastern side of the Maharees Peninsula in Tralee Bay. The
water catchment of the area comprises only of Lough Gill
which flows into Tralee Bay via The Trench River. The area is
noted for its beaches, water sports and golf course and there is a
relatively large tourist trade during the summer months.
There is very good exchange of water in the area from the open
Atlantic Ocean.
Population:
The Electoral District adjacent to the designated area of
Maharees covers an area of 2,527 hectares and is home to 870
people. 186 of these live in the village of Castlegregory
(located 25.6Km. from Tralee on the Dingle Peninsula).
Sewage Collection Systems:
The population of Castlegregory (approximately 186), the only
centre of population within the catchment is served by a waste
water treatment system.
Septic Tanks:
The land adjacent to the designated area of Inner Bay,
Maharees is a sand spit, the ideal medium for percolation and
neutralisation of runoff from septic tanks. The population
using septic tanks in the area is approximately 684. This is a
population density of 0.27 per hectare.
Development:
Planning permission is being sought for a golf course on the
peninsula. There are no industrial development pressures on
the area, and no significant housing pressures.
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 Maharees Peninsula has small scale agriculture (9,348
sheep and 1,800 cattle). The land is low lying with good
drainage and it is not prone to agricultural runoff.
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 dropped 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.
Shellfish Activity:
At the time of designation the designated area was being used
by Bord Iascaigh Mhara for a native oyster development
project to revitalise the inner bay. This project was taken over
by TOFS (Tralee Oyster Fisheries Society) in 1996/97 and
relocated to inner Tralee Bay. At present part of a small native
oyster bed is within the designated area. Landings form this bed
average at approximately 5 tonnes per annum. TOFS plans to
relay a small number of scallop seed in the area for a trial.
There is a small land based abalone farm at the tip of the
peninsula just outside the designated area.
Classification:
The wider area of Tralee Bay is classified ‘B’ (oysters) 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 5 Km radius
Sewage
IPPC
Section 4
Section 16
Treatment plant
CSO
Drainage
Other
Nil
Nil
1
Nil
Nil
Nil
Nil
Nil
Nil
Nil
Nil
Nil
2
Nil
Nil
Nil
No. Discharging
in a 5-10 Km
radius
Nil
Nil
Nil
Nil
Nil
Nil
Nil
Nil
No. Discharging
in a 10-20 Km
radius
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
100% of samples taken in the past twelve months recorded levels of faecal coliforms
of less than 300 fcs per 100ml of flesh. The designated waters are therefore
compliant.
Risks /Actions regarding Discharges
Type: Waste Water Treatment Plant
Discharge
Ref.
Level of
treatment
Castlegregory
Septic Tank
subject to
secondary
treatment
Pop.
Equ.
/Volume
582
Responsible
Authority
Kerry County
Council
Risks/Actions and Timescale
Issue: Lack of monitoring.
Action : BIM to liaise with Kerry Co Co
re monitoring data. Independently of the
WSIP Kerry Co Council has included
Castlegregory in the Preliminary Report
to be carried out as part of the Kerry
Villages Scheme. The caravan park will
be part of the study area. Kerry Co Co
will revert to DEHLG on needs
assessment.
Discharges assessed as not having an impact on water quality in designated area
Discharge ref.
Abalone Farm
Type
Section 4
Castlegregory
WWTP
Castlegregory Caravan Park
WWTP
Reason for Discounting
Low
impact
of
seawater
discharge
Small size and good treatment
and distance from Designated
Area.
Percolation area is ideal for
neutralising
outflow
from
WWTP
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