The WFD and other recent EU legislation; a guide for Irish - - PowerPoint PPT Presentation

Workshop on Freshwater Aquaculture “Increasing Irish production in a sustainable manner under emerging environmental constraints” (14th October 2016 – AIT, Athlone)

The WFD and other “recent” EU legislation; a guide for Irish freshwater fish farmers. Neil Bass

The Water Framework Directive 2000/60/EC.

The WFD came into force across Europe on 22nd December 2000. Its primary purpose was to establish, for the first time, a legal framework for the protection of all of Europe's waters, including rivers, lakes, estuaries (“transitional waters”), coastal waters and ground waters, and their dependent wildlife and habitats, under a single, coordinated piece of environmental legislation. Again for the first time, the operation of the Directive uses real geographical boundaries, bounding large water catchment areas

• r River Basin Districts as its administrative units.

The WFD ignores traditional, arbitrary boundaries, for example local authority areas and even national boundaries in some instances.

The Water Framework Directive 2000/60/EC.

The Water Framework Directive (2000/60/EC), along with closely associated legislation, the Environmental Quality Standards Directive (2008/105/EC) and the Dangerous Substances Directive (2006/11/EC) were given effect in Irish law, in the main, by:- The European Communities (Water Policy) Regulations; (The 2003 Regulations), SI 722 of 2003. Under which Ireland's River Basin Districts were first established. The European Communities (Surface Waters) Regulations (The Surface Waters Regulations), SI 272 of 2009. The European Communities (Groundwater) Regulations (The Groundwater Regulations), SI 9 of 2010.

The Water Framework Directive 2000/60/EC.

Under SI 722 of 2003, eight River Basin Districts were established on the island of Ireland, one

• f which is only in

Northern Ireland and three of which span the north south international border and are termed International River Basin Districts (IRDB’s).

The Water Framework Directive 2000/60/EC.

The EPA coordinated the compilation of a River Basin District Management Plan (RBDMP) for each River Basin District. The first generation of these were published on 22nd December 2009. (6th Anniversary of SI 722 of 2003 and 9th Anniversary of the introduction of the WFD, to the day!). From that day forward, the date 22nd December remains the most significant date in the WFD calendar. Reassessment and revision of RBDMP’s is set to take place on a 6-year cycle, from 2009; that is on the 22nd of December 2015, 2021, 2027 and so on. It is also on that same day, every six years, that the Status Objectives for each individual water body covered by the RBDMP's must be met, but more of that later.

The Water Framework Directive 2000/60/EC.

Specifically the WFD aims to:

• Protect and enhance the status of aquatic ecosystems and

dependant terrestrial ecosystems and wetlands.

• Prevent further deterioration of those systems.
• Achieve Good Environmental Status for all waters or such

higher status as is required for protected areas by 22nd December 2015, or by the subsequent sixth anniversaries of that date if specific exemptions apply (2021, 2027 etc); see later.

• Manage water bodies on a River Basin District basis .
• Involve the public.
• Streamline legislation.

The Water Framework Directive 2000/60/EC.

There are other, more specific objectives, which show just how wide the intended sweep of the WFD is (involving some other Directives and consequent national legislation:-

• Promote sustainable water use, based on long-term protection of

available water resources.

• Contribute to the provision of sufficient good quality surface water

and groundwater, for sustainable, balanced and equitable water use.

• Aim

at enhanced protection and improvement

• f

the aquatic environment by the reduction or phasing out of discharges, emissions and leakage of priority substances.

• Contribute to mitigating the effects of floods and droughts.
• Contribute to the protection of territorial and marine waters.
• Establish a register of 'protected areas' e.g. areas designated for

protection of habitats or species (Tying in with Habitats Directive and Birds Directive)

The Water Framework Directive 2000/60/EC.

To anyone dependent on access to an adequate source of good quality water for their livelihood or wellbeing, the implications of the objectives of the WFD are pivotal. For one reason or another, that means all of us. The Good News The WFD and its Irish instruments will protect, sustain and enhance Ireland's water resources into the future. We must all be in favour of that. The Bad News? For FW fish farmers, the timetable for the achievement of these objectives and the associated commitment and expenditure may be challenging in many cases, especially for marginal enterprises. The legal implications may be the most challenging aspect. There are new legal limitations on what you can and cannot do with water and new offences to which you may, wittingly or unwittingly, become exposed. Just remember (if it helps)… Every water stakeholder in Europe is in much the same boat!

SI 272 is the most relevant SI for Ireland’s freshwater fish farmers. Google “SI 272 2009” to get a pdf of the SI! Take the time to read and digest it; your future viability may depend on it! SI 272 applies to all surface waters. It gives effect to all the measures required to achieve the surface water Environmental Quality Objectives established by the EPA, under the WFD. SI 272 also takes account

• f

the Environmental Quality Standards established under the EQS Directive (2008/105/EC) and the requirements of the Dangerous Substances Directive (2006/11/EC).

An environmental quality standard is a limit for environmental disturbances, in particular, from ambient concentration

• f pollutants and wastes, that determines the maximum allowable degradation of environmental media.

European Communities Environmental Objectives (Surface Waters) Regulations (The Surface Water Regulations) SI 272 of 2009. A Short Guided Tour

The Surface Water Regulations SI 272 of 2009.

Having established the RBD’s, the EPA classified every surface water body in the country, in accordance with SI 722 of 2003 (the 2003 Regulations). Bearing in mind the size of this task, the EPA have done very well to get as far as they have but there are still some gaps. Your local authority now has the primary responsibility for monitoring compliance with the SI, under the supervision of the EPA. This has and may continue to affect the consent limits set in your Section 4 Discharge Licence, with the objective of maintaining or improving the initial Ecological Status of your water resource. To date, discharge licence terms still vary between Local Authorities. However, expect to see standardisation between local authorities, under the eye of the EPA.

The Surface Water Regulations SI 272 of 2009.

From the outset, the EPA assigned an Ecological Status to Ireland’s surface water bodies on this scale: The initial Ecological Status of each water body was established from the results of EPA’s own water body monitoring surveys, under the headings of a series of Quality Elements (QE’s). These are set out in Table 5 in the SI and differ for each water body type (River, Lake, Estuary etc). For example, for River Water Bodies, the QE’s listed are:-

The Surface Water Regulations SI 272 of 2009.

• 1. Biological Quality Elements:-

Composition and abundance of aquatic flora (Phyto and Macroflora). Composition and abundance of benthic invertebrate fauna. Composition, abundance and age structure of fish stocks (and FWPM).

• 2. Hydromorphologial Quality Elements:-

Quantity and dynamics of water flow. Connection to groundwater bodies. River depth and width variation. Structure and substrate of the river bed. Structure of the riparian zone.

• 3. Physicochemical Quality Elements:-

Thermal conditions, oxygenation conditions, salinity, acidification status and nutrient conditions. Pollution by synthetic or non-synthetic substances listed in Table 10 of Schedule 5 of these Regulations, which may be discharged in significant quantities into a water body.

The Surface Water Regulations SI 272 of 2009.

Having (theoretically) assessed all these QE’s, the Ecological Status

• f a surface water body is represented by the lowest of the QE

value of all the Biological and Physico-chemical QE’s investigated. The only exception is where High Ecological Status is assigned. Here, the value to the Hydromorphologial QE’s are also considered. Thus, in a nutshell, under the SI, each Surface Water Body has been given an Environmental Objective, to be met by 22nd December 2015, 2021 or 2027, on the basis of an initial Ecological Status, assigned by the EPA, following their assessment of a series

• f Quality Elements.

Simple!

The Surface Water Regulations SI 272 of 2009.

Environmental Objectives The SI requires that a surface water body classified as having High

• r Good Ecological Status shall not deteriorate.

A surface water body classified as being of less than Good Status should have been restored to at least Good Status by 22nd December 2015, unless one of the following exemptions applies:- Exemptions #29. There are different objectives for artificial / heavily modified waters. #30. Extended deadlines apply for phased achievement of Good Status if it can be demonstrated that this cannot be achieved by 2015, for reasons of technical feasibility, disproportionate expense or existing natural conditions. (Extension by no more than two 6-year RBDMP updates allowed; i.e. until 2027 latest).

The Surface Water Regulations SI 272 of 2009.

#31 Allows for less stringent Environmental Objectives, where environmental or socio-economic needs cannot be achieved by

• ther means, as long as the highest Biological and Physico-

Chemical QE’s possible are achieved as a result of the nature

• f the pollution, no deterioration occurs, and the establishment
• f less stringent Objectives is specifically mentioned in the

RBDMP, to be reviewed every six years. #32 Temporary deterioration in Ecological Status is allowed under certain circumstances. #33 An exemption also applies under certain circumstances where the physical characteristics of a water body have been altered.

The Surface Water Regulations SI 272 of 2009.

Schedule 5 of the SI sets numerical criteria for the Quality Elements (QE’s). The QE for River Nutrient Conditions, in Table 9 on Page 40 of the SI is likely to concern FW fish farmers:-

The Surface Water Regulations SI 272 of 2009.

This is because fish excrete Ammonia. Total Ammonia N (TAN), is a consent condition familiar to holders of fish farm Section 4 Discharge

• Licences. There has been downward pressure on the TAN consent

limits, with reductions by up to 90% over the last twenty years in some cases. The result of this may be that many flow-through farms, which were designed and operated on the basis of a consent limit which has since shifted may now find it very difficult to meet revised limits (without a reduction in production). In addition there is very little a flow-through system can do with Ammonia; it is soluble and cannot be effectively removed from the volumes of water used in flow through systems. We also question the logic of using TAN as a nutrient QE, in particular in low pH systems, because it is of low toxicity and generally makes little contribution to nutrification at the levels discharged by fish farms, relative to diffuse agricultural nitrate discharges in particular.

How to check the Ecological Status of your water resource : www.wfdireland.ie.

This website was created by the EPA as a requirement of the 2003 regulations. Everything you need to know about your water supply and receiving water is there; the Directives, the SI’s, RBDMP’s and

• ther documentation as well as a wide variety of other

publications and links. Of particular use to understanding your particular circumstances is the WaterMaps Map Viewer. Open the site and click the link to open the viewer or tutorial. I am going to show you some map results for the Tullaghobegley River, the receiving water for the Altan Hatchery in Donegal.

Checking your status: www.wfdireland.ie.

Checking your status: www.wfdireland.ie.

Checking your status: www.wfdireland.ie.

Checking your status: WMU Action Plan

Checking your status:

Checking your status:

What alternatives are there for FW fish culture?

Lake culture

There certainly are lakes that are not SAC’s, are not associated with angling waters and could be suitable. Would suit the skills of marine farmers if to be used for smolt production. Could be used for organic smolt. Would probably best be regulated on quantity of feed used e.g. Canada. Should the industry compile register of suitable lakes for investigation?

RAS

Proven technology. Operating commercially. System of choice for new smolt builds in Norway, Faeroes, Canada etc Capital and production costs now competitive. Organic fish? See EC 710 2009; The Organic Directive; Google it! See also presentation by Dario Dubolino, DG Maritime Affairs and Fisheries 12th November 2015.

Flow-through.

Little or no future for new plant or resurrection of former plant (as flow- through).

Thank you!

Neil Bass Ballywaltrim House, Bray, County Wicklow. neilbass@iol.ie 012862000 0872481581