European Communities (Quality of Shellfish Waters) Regulations 2006 S.I. No. 268 of 2006 Regulation 6 Action Programme Killary Harbour, Co. Mayo. 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 These Regulations have now been replaced by the European Communities (Quality of Shellfish Waters) Regulations, 2006 (S.I. No. 268 of 2006).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: The designated area runs the entire length of the Harbour, from the high water mark at Aasleagh at the head to Dooneen at the mouth of the harbour, which opens to the Atlantic Ocean. Attached map shows boundaries, 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 083 170E, 262 425N (Lat. 53 35 55 N, Long. 9 45 55.5 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 D:\106758679.doc 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:Killary Harbour is a fiord-like inlet straddling the county boundaries of Galway to the south and Mayo to the north on the West Coast of Ireland. The landscape is dominated by Mweelrea Mountain to the north, and the Maam Turk mountains to the south. Their slopes are steep and mainly covered by peat with associated vegetation. The Harbour is 15km long and 0.75km wide with an average depth of 15m, and a max depth of 45m. The catchment is approx 250km2 (25,000ha), most of it lying within the 3 SAC’s, and is made up of a mix of blanket bog, transitional scrubby woodland, unfertilized grasslands and some improved grazing. Three main rivers feed into the harbour, the Erriff and Bundorragha on the Mayo side, and the Bunowen on the Galway side. They contribute about 10% of annual freshwater input to the harbour. Each is an important salmon fishing river, and each is regularly monitored by the EPA. Results indicate that they are unpolluted. Marine activities in the area include sailing, diving, windsurfing, pleasure cruising and angling. Population: The population of the catchment is 2,334. The geology of the area is described as a mix of metasediments, with an aquifer which is classed as moderately productive. At present there is no sewage collection system for the Village of Leenane (population <200), the only centre of population in the Electoral Districts which border the designated area. Sewage Collection Systems: Currently there are no operational sewage collection systems in the area around Killary Harbour. A waste water collection system for the village of Leenane is under construction and is due for completion later this year. Tenders for the construction of the waste water treatment plant will be invited this summer with construction to start by year end and completion in 2007. Septic tanks: D:\106758679.doc All houses in the area currently dispose of waste water via septic tanks. The Electoral Districts along the shore of the designated area extend to 24,786 hectares and the population of these Districts is 696. This gives an average population density for these districts of 0.03 people per hectare. Development: There is no pressure from industry in the catchment around Killary Harbour. There is however some demand for housing, both for locals and for holiday homes. 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: There are approximately 5,000 cattle and 77,000 sheep in the catchment. Sheep numbers in the Western region have been reduced by 15% between 1995 and 2004, reducing their potential impact on water quality. Cattle numbers have dropped by 3% 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 farming in the harbour has averaged 1,660 tonnes per annum between 2000 and 2004. Licences are concentrated on the southern side of the harbour. Shellfish Activity: The harbour has an important rope mussel industry. Average production between 2000 and 2004 was approx 784 tonnes p.a. There are 16 shellfish licences in the entire bay and one application for a new shellfish licence. There is a detailed Coordinated Local Management System plan for Killary Harbour. Classification: D:\106758679.doc Aquaculture Killary 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 Untreated Sewage IPC Section 4 Section 16 Treatment Plant Drainage Other 1 Nil Nil Nil Nil 3 Nil Nil Nil 2 (Salmon Farm and Tour Boat) Nil 6 Nil 1 Nil Nil Nil Nil Nil Nil 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 The faecal Coliform count has exceeded 300 cfu per 100g of flesh in three of the four samples from 2005. Thus the area cannot be deemed to meet the Guide value for this parameter at this point in time. Prior to these latest readings Killary had been 100% compliant in respect of parameter 10, while the latest result is also within the Guide value. In the light of this, and the particularly high readings BIM are investigating the sampling and analysis carried out in recent tests with a view to establishing any underlying reasons for the abnormal results. It is proposed to take additional samples to establish a more detailed assessment of the changes in faecal coliform counts in the bay. Risks /Actions regarding Discharges. Type: Untreated Sewage: Discharge Ref. Leenane Village D:\106758679.doc Level of treatment None Pop. Equ. /Volume Not Specified Responsible Authority Galway County Council Risks/Actions and Timescale Issue: Lack of treatment. Action: Construction work is ongoing on collection system and tenders for the Secondary Treatment plant are due to be invited this Summer. Completion expected in 2007. Type: Section 4 Discharge Ref. K2 Adventure Centre Leenane Cultural Centre Level of treatment No Data Secondary Scuba Dive West No Data Pop. Equ. /Volume No Data Responsible Authority Galway County Council Not Specified Galway County Council No Data Galway County Council Risks/Actions and Timescale Issue: Lack of monitoring Data. Breaches of Licence conditions in 2002. Action: BIM to liaise with Galway Co Co re licence position and ongoing monitoring. Issue: Lack of monitoring Data. Breaches of Licence conditions in 2002. Action: BIM to liaise with Galway Co Co re licence position and ongoing monitoring. Issue: Lack of monitoring Data. Breaches of Licence conditions in 2002. Action: BIM to liaise with Galway Co Co re licence position and ongoing monitoring. Delphi Outdoor Pursuit Centre Secondary Delphi Salmon Hatchery Secondary Delphi Lodge and Cottages Secondary 35m3/day 4000m3/day 12.5m3/day Mayo County Council Issue: Lack of monitoring Data Mayo County Council Issue: Lack of monitoring Data Mayo County Council Action: BIM to liaise with Galway Co Co re ongoing monitoring. Action: BIM to liaise with Galway Co Co re ongoing monitoring. Issue: Lack of monitoring Data Action: BIM to liaise with Galway Co Co re ongoing monitoring. Type: Waste Water Treatment Plant Discharge Ref. Leenane Hotel Level of treatment Primary Pop. Equ. /Volume Not Specified Responsible Authority Galway County Council Risks/Actions and Timescale Issue: Level of treatment. Action: Per Galway County Council the hotel effluent will go to the new Leenane Secondary Treatment plant which is due for completion in 2007. The hotel will lay the necessary piping. Type: Other Discharge Ref. Connemara Lady (Tour Boat) D:\106758679.doc Level of treatment None Pop. Equ. /Volume Not Specified Responsible Authority Galway County Council Risks/Actions and Timescale Issue: No discharge data. Action: Tour Boat is licensed by Maritime Safety Directorate of Dept. of Transport. As part of this the operator is required to conform to national regulations governing the discharge of sewage, garbage or oily water. BIM and DCMNR to follow up with Galway and Mayo County Councils as regards ongoing monitoring arrangements. Salmon Farms n/a N/a DCMNR Issue: Potential impact on BOD in the area. Action: DCMNR to review benthic monitoring for all relevant sites with Marine Institute. Discharges assessed as not having an impact on water quality in designated area Discharge ref. An Oige Hostel, Rosroe Little Killary Adventure Centre Killary Salmon Type Section 4 Section 4 Section 4 Reason for Discounting Closed Closed Closed Other Actions: • It is understood that Galway County Council has undertaken to check the operation and effectiveness of septic tanks in environmentally sensitive areas. BIM will request regular reports from Galway Co. Council on progress of this work in relation to the designated area including timeframes for completion. • Continued monitoring of water quality in the designated area. • Continue liaising between 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. D:\106758679.doc 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 D:\106758679.doc