Permission granted to NGO challenge decision to allow commercial razor clam fishing in Waterford Estuary
An Environmental NGO has secured permission to bring a High Court challenge over a decision to allow commercial fishing for razor clams take place in Waterford Estuary.
Mr Justice Richard Humphrey's ruled today that he was satisfied "in principle" to allow the Irish Coastal Environmental Group Coastwatch CLG to bring its action as long as certain amendments are made to its statement of grounds challenging the decision.
The judge also said that he was satisfied in what are "unusual and complex" proceedings to grant an injunction, to be put in place pending the outcome of the action, which has the effect of preventing the commercial fishing of razor clams in the Waterford Estuary area.
In his ruling, the judge noted that the NGO's has claimed that the decision to allow fishing for razor clams in the Estuary could be damaging the environment.
He also noted that part of the area where fishing has been permitted is in a Special Area of Conservation (SAC), while the remained is adjacent to the SAC.
However, this reason by itself was not why the court was prepared to put the injunction in place.
When all the matters put before the court were taken into account the judge said that the least risk of an injustice occuring was to grant the injunction.
The judge gave his ruling after the NGO sought leave to bring its judicial review action in the presence of lawyers for the defendants.
In its action group claims a decision made by the Sea Fisheries Protection Authority could have significant effects on the conservation of what are protected habits and species in the area.
The NGO says that razor clams are fished using hydraulic dredges which penetrate the sediment on the seafloor.
This operation disturbs more marine species than the razor clams, and there is no certainty that these other species and the habitat will recover after the dredging operation.
Commercial razor clam fishing is banned in English waters, and is only allowed in specially designated areas in Ireland, the NGO adds.
It claims that any decision to allow razor clam fishing take place should not have been made until an appropriate assessment or screening of the estuary had been conducted in accordance with the EU Habitats Directive.
The proceedings are against various state bodies including the Sea Fisheries Protection Authority which made the decision to allow razor clam fishing in the estuary as well as the Minister for Agriculture, Food and the Marine, Ireland and the Attorney General.
The NGO represented by James Devlin SC Margaret Heavey Bl instructed by Harrington and Company Solicitors applied for permission to bring the challenge at Wednesday's sitting of the High Court.
The application was not formally opposed. submissions were made to the court on certain aspects of the proceedings by Donnchadh McCarthy Bl for the Protection Authority and Fintan Valentine Bl for the State defendants.
The NGO seeks various orders and declarations. It seeks an order quashing the decision made by the Sea Fisheries Protection Authority in late August to open a classified production area for the fishing of razor clams in Waterford Harbour/Estuary.
It also seeks various declarations including that the decision to allow fishing for razor clams in the area in the absence of an appropriate assessment and any proper screening is without any public consultation is contrary to the EU Habitats Directive.
