European Communities (Quality of Shellfish Waters) Regulations 2006

S.I. No. 268 of 2006

Water Quality Improvement PlanRegulation 6 Action Programme

Mulroy Bay Co. Donegal

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 These Regulations have now been replaced by the European Communities (Quality of Shellfish Waters) Regulations, 2006 (S.I. No. 268 of 2006).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 due south of an imaginary line between Melmore Head and Ballyhoorisky Point, to the High Water Mark. The designated area covers approximately 3,400 Hectares. Map attached 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 220 816E, 434 313N (Lat. 55 09 19.9 N, Long. 7 40 27 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: Mulroy Bay lies on the North coast of County Donegal, in the North West of Ireland. It is a long narrow embayment, covering approx 35km2, and consisting of four distinct areas: the Outer Bay, the Narrows, Northwater and Broadwater. Water exchange between Northwater and Broadwater and the mouth of the bay is via the Narrows, and is often slowed by the back-up of water at the Narrows. The bay is bounded to the east by the Fanad peninsula and to the west by the Rosguill peninsula. The catchment of the bay extends to 136km2. The bedrock is mainly Dalradian Metasedimentary. The soils are mainly brown and peaty podzols: these soils tend to be well draining and are suitable for arable land use (Donegal County Profile 2002). Land is a mix of improved grazing, forestry, both broadleaf and deciduous, moor, heath and bog. Principal freshwater inputs are the Burnside, Loughkeel Burn, the Bunlin, and the Big Burn. Of these, the Burnside, and Big Burn are classed as unpolluted. The Loughkeel Burn is classed as moderately polluted. Other freshwater inputs are unclassified. Marine activities in the area are sea angling, diving, boat building and repair.

Population:The population of the catchment is approximately 12,000. The main settlements in the catchment are Carrickart (Pop. 828), Milford (Pop. 1,385), and Carrowkeel (Pop. 200).

Sewage Collection Systems:

Millford, close to the shore of the designated area, has a population of 1385, and a secondary treatment plant with a PE of 2000. Carrickart has a septic tank with a PE of 1500, and Carrowkeel has two outfalls, one untreated, with a PE of 200, the other a secondary treatment plant with a PE of 100.

Septic Tanks:The Electoral Districts along the shores of Mulroy Bay cover an area of over 17,500 hectares. The population of these Electoral Districts is 10,000. Of these, it is estimated that 2,400 live in the towns serviced by sewage collection systems. The number not so served is 7,600, or an average of approximately 0.43 per hectare.

There are a number of caravan parks adjacent to the bay, with unlicenced waste water discharges. The local authority has investigated these caravan parks and one of them has been required to apply for planning permission for a new waste water treatment plant. This has been granted.

The geology of the area is a mix of quartz, gneiss and schist, and the aquifer is described as moderately productive.

Development:The primary development pressure in the area is for housing, both for the local population and for houses as 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:The main farming practices are grazing and beef production. Livestock numbers within the catchment total approximately 10,000 cattle and 25,000 sheep. Sheep numbers in the Border region have been reduced by 7% between 1995 and 2004, reducing their potential impact on water quality. Cattle numbers have increased 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:There is a large salmon growing industry in the bay. Between 2000 and 2005 harvests averaged 2,666 tonnes.

Shellfish Activity:Mulroy Bay is an important shellfish harvesting area. It has been described as one of the most significant areas for the collection of scallop spat in Europe. Oysters, mussels, and scallops; mature, juvenile and spat are harvested. In 2004, 600 tonnes of bottom mussels were harvested from the area. Between 2000 and 2004, average tonnage of Pacific oysterswas 14 tonnes. Native oyster production between 2003 and 2004 averaged 3 tonnes per annum. Between 2000 and 2004, the average rope mussel harvest was approx 586 tonnes. Mature scallops landed for the same period were 45 tonnes per annum

Classification:Mulroy Bay is classified ‘A’ (mussels, 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 5km radius / No. Discharging
in a 5-10Km
radius / No. Discharging
in a 10-20Km
radius

Untreated Sewage

/ 1 / Nil / Nil / Nil
IPC / Nil / Nil / Nil / Nil
Section 4 / 1 / Nil / Nil / Nil
Section 16 / Nil / Nil / Nil / Nil
Treatment Plant / 7 / Nil / Nil / Nil
CSO / Nil / Nil / Nil / Nil
Drainage / Nil / Nil / Nil / Nil
Other / 4 Salmon Farms / 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 most recent sample taken (February 2006) recorded levels of faecal coliforms slightly above the Guide standard of 300 fcs per 100ml of flesh. This was the only sample taken over the past 2 years that exceeded the Guide value. The designated waters are therefore compliant.

Risks /Actions regarding Discharges
Type: Untreated Sewage
Discharge Ref. / Level of treatment / Pop. Equ.
/Volume / Responsible Authority / Risks/Actions and Timescale
Carrowkeel (B) / Untreated / 200 / Donegal County Council / Issue: Untreated sewage discharge.
Action: BIM to liaise with Donegal Co Co on an going basis re monitoring data, and discharges to Burnside River , which is classified as unpolluted.
Type: Section 4
Discharge Ref. / Level of treatment / Pop. Equ.
/Volume / Responsible Authority / Risks/Actions and Timescale
Marine Harvest / No record in the discharge licence / 175 m³/day / Donegal County Council / Issue: Lack of Monitoring Data
Action: Monitoring has commenced. BIM to liaise with Donegal Co Co on ongoing basis re monitoring data.

Type: Waste Water Treatment Plant

Discharge Ref. / Level of treatment / Pop. Equ.
/Volume / Responsible Authority / Risks/Actions and Timescale
Millford / Secondary / 2000 / Donegal County Council / Issue: EPA concerns re impact of discharge on river.
Action: In WSIP as a scheme to advance through planning. Donegal Co Council to prepare brief for approval of DEHLG.
Carrowkeel (A) / Secondary / 100 / Donegal County Council / Issue: Lack of Monitoring Data.
Action: BIM to liaise with Donegal Co Co re ongoing monitoring data. Discharges to Burnside River , which is classified as unpolluted.
Carrigart / Primary / 500 / Donegal County Council / Issue: Level of treatment.
Action: BIM to liaise with Donegal Co Co re ongoing monitoring data. Included in WSIP, but no brief yet submitted to DEHLG.
Rossgarrow / Primary / 20 / Donegal County Council / Issue: Level of treatment.
Action: BIM to liaise with Donegal Co Co re ongoing monitoring data.
Rockhill Caravan Park / Septic Tank / Variable over the summer months. Nil at other times. / Donegal County Council / Issue: Lack of Monitoring Data.
Action: BIM to liaise with Donegal Co Co re ongoing monitoring data. Planning permission recently granted for waste water treatment plant.
Gortnalughoge Caravan Park / Septic Tank / Variable during the summer months. Nil at other times. / Donegal County Council / Issue: Lack of Monitoring Data.
Action: BIM to liaise with Donegal Co Co re ongoing monitoring data.
Melmore Caravan Park / Septic Tank / Variable during the summer months. Nil at other times. / Donegal County Council / Issue: Lack of Monitoring Data.
Action: BIM to liaise with Donegal Co Co re ongoing monitoring data.

Type: Other

Discharge Ref. / Level of treatment / Pop. Equ.
/Volume / Responsible Authority / Risks/Actions and Timescale
4 Salmon Farms / None / n/a / DCMNR / 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 .

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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