Applications for licences to operate an €8.9 million salmon farm in Bantry Bay, County Cork, Ireland are to be re-evaluated, following a High Court decision citing deficiencies in environmental impact assessments.
In a ruling published this week, Mr Justice David Holland concluded that he has the authority to direct the Aquaculture Licence Appeals Board and the Minister for the Marine to reassess the original applications submitted by Mowi Ireland, the country’s largest producer of farmed salmon, dating back to 2011.
“It would be quite wrong,” the judge noted, “to make Mowi go unnecessarily back to the drawing board” for new applications to rectify errors made by the appeals board in reviewing the original. Justice Holland pointed out that Mowi’s applications had not been assessed with the legal requirement for expediency, a delay that added to the merit of reconsidering the original submissions rather than demanding new ones.
Last July, the judge annulled two licences previously granted to Mowi by the appeals board and the minister, citing insufficient screening of potential environmental risks, particularly the impact of “seal-scarer” noise devices in a protected area for seals.
Mowi argues that seal deterrents are necessary, as common seals prey on salmon in these cages and can cause tears, risking salmon escape. However, the court identified further shortcomings in assessing risks associated with possible escapes of farmed salmon.
Claims by Inland Fisheries Ireland, Salmon Watch, and environmental advocates
The High Court ruling follows three separate cases brought by Inland Fisheries Ireland (IFI), environmental group Salmon Watch Ireland, and environmental advocate Peter Sweetman, challenging both the licence granted by the appeals board and the minister’s foreshore licence. The IFI, responsible for conserving inland fisheries resources, argued that the appeals board exhibited “objective bias,” accusing it of “bending over backwards to grant the licence.”
However, Justice Holland dismissed the IFI’s bias allegation, calling it a “very serious allegation” that was unsubstantiated. He agreed with IFI on several other points, including failures in environmental assessments and an “unreasonable” delay in the appeals board’s decision process. Salmon Watch Ireland and Sweetman voiced concerns that the salmon farm posed environmental risks, a claim Mowi contested, insisting its 3,500-ton production target would be sustainable, with salmon kept in netted pens for two years before harvest.
Applications for Reconsideration
Justice Holland determined that, while the licences should be quashed due to inadequate screening, he could remit the applications for fresh consideration. The IFI, Salmon Watch Ireland, and Sweetman argued against remitting the original applications, asserting legal impediments. However, the appeals board, minister, and other State bodies maintained that reconsideration was appropriate.
Concluding, Mr Justice Holland held that he had the jurisdiction to direct the applications back to the appeals board and the minister for renewed assessment, a move likely to influence future licensing protocols in Irish aquaculture.
