Mr. Fintan Kelly:

I thank the members of the joint committee for extending the invitation for me to address them today. I am policy officer with BirdWatch Ireland and have a bachelor's degree in environmental science from NUIG and a master's degree in environmental biology from Utrecht University. I have been working in environmental policy since 2012. In a fisheries context I have been working on the implementation of the Common Fisheries Policy for several years. I sit on EU-level stakeholder forums such as the North Western Waters Advisory Council.

The EU’s reformed Common Fisheries Policy, CFP, entered into force in January 2014. The political agreement between the EU Council of Ministers and the European Parliament reflected the will of EU citizens that European fisheries policy needed radical reform. This new dawn in EU fisheries policy was underpinned by overwhelming evidence and wide consensus that overfishing must end, and that the failure to do so would have grave consequences for the fishing industry, the marine environment and the food supply chain. The announcement marked the culmination of a process which began in 2009 with extensive public consultations.

In practical terms ending overfishing really means that when decision makers like the Commission and fisheries Ministers agree the fishing limits for a given fish stock, the upper limit of fishing is set at a sustainable level advised by the best available scientific advice. Typically, advice on fishing limits is supplied by the International Council for the Exploration of the Sea, ICES, a global organisation of 5,000 scientists from over 690 marine institutes in 20 member countries that develop science and advice to support the sustainable use of the oceans. In an Irish context ICES works in tandem with staff from the Marine Institute to provide scientific advice on the management of fish stocks.

Within the CFP the upper point at which fishing limits must be set is called the maximum sustainable yield, MSY. Maximum sustainable yield is the maximum yield or catch that can be taken from a fish stock over time without depleting the size of the fish population. At this point the population can replace the fish which are taken from the stock. Above this point more fish are removed than can be replaced and the size of the stock reduces over time. This results in a smaller population, which means less fish for fishermen to catch. The fewer fish there are the harder it becomes to find and catch them, reducing the profitability of fishing. If a stock is overfished it may become severely depleted and may even collapse.

The ongoing recovery of sea cod in Irish waters is a positive example of how, when we take positive action to reduce fishing pressure, even severely depleted fish stocks can start to recover. Sea cod in Irish waters has gone from having a catch advice of zero tonnes from 2000 to 2017 to catch advice of 695 tonnes in 2018.

Ending overfishing or ensuring that fishing limits are not greater than the maximum sustainable yield is not an environmental or conservation objective per se. It is a fisheries management and economic objective which will secure the best economic, social and environmental outcomes for fishers and EU citizens. This position is supported by the Irish programme for Government which states that the sea that surrounds our island is our greatest natural resource and that developing the potential of the blue economy will be a priority for the Government. The implementation of the CFP, which the Government has recognised as forward looking and progressive, is seen as being integral to the realisation of this objective. In line with the CFP the Government has committed to, "setting quotas at Maximum Sustainable Yield and on a scientific basis, implementing the obligation to land, and an effective system of Regional decision making."

I will now deal with overfishing in the EU and the December AGRIFISH Council. Within the CFP, Article 2.2 requires that fish stocks are restored to levels that can support the maximum sustainable yield, "by 2015 where possible and, on a progressive, incremental basis at the latest by 2020 for all stocks." The EU has already failed to meet the 2015 deadline and with just over a year remaining before the 2020 deadline it is critical that the Irish Government follows scientific advice in upcoming negotiations.

Every December fisheries Ministers like Ireland’s Minister, Deputy Creed, meet in Brussels to negotiate fishing limits for the north-east Atlantic for the year ahead. According to the New Economics Foundation, NEF, which has analysed December Council decisions between 2001 and 2017, on average seven out of every ten fishing limits set by member states were above the limits advised by scientists. While the percentage by which the levels of total allowable catch, TAC, were set above advice declined throughout this period, the proportion of TACs set above advice did not.

One of the NEF’s conclusions was that "Member States are the main drivers of overfishing, either because they are actively pushing for fishing limits to be set above scientific advice or they are failing to prevent it." In its opinion recurring issues identified within past negotiations which drive overfishing include: a lack of transparency in the negotiations; decision making based on short-termism; effective lobbying from industry; and perverse competition between member states.

During last year’s December Council fisheries Ministers continued to agree fishing limits for 2018 that were above the scientific advice. Of the fishing limits analysed by the Pew Charitable Trusts, 44% were set exceeding the scientific advice. This is, however, a reduction from 54% set exceeding advice in 2017 and 57% set exceeding advice in 2016.

Another report commissioned by the Pew Charitable Trusts shows that while the extent to which fish stocks are being overfished improved between 2013 and 2017, the number of overfished stocks remains too high. This is in line with the findings of the Scientific, Technical and Economic Committee for Fisheries, which found that while stock status has significantly improved in the north-east Atlantic, progress has slowed in the last few years and many stocks remain overfished and-or outside safe biological limits. In its opinion the progress that has been achieved seems too slow to ensure that all stocks will be rebuilt to MSY by 2020.

Based on the NEF’s assessments of EU December Councils between 2001 and 2017, it is clear that Ireland has historically played a negative role in the negotiations. For 2018 Ireland was the country with the highest percentage of fishing quotas in excess of scientific advice. Ireland was involved in decisions that allow fishing at 18% above maximum sustainable yield. The United Kingdom, Belgium and the Netherlands agreed fishing limits at 15%, 8% and 8%, respectively, above advice.

The UK, Ireland, the Netherlands and Denmark were the worst offenders in terms of the total tonnage of fishing limits set above advice. According to the NEF, Ministers representing these member states have received the largest quota increases above advice in terms of tonnes and are therefore the most responsible for impeding the transition to sustainable fisheries in the EU.

Ireland has negotiated a fishing quota for 2018 which is over 31,000 tonnes above scientific advice. This now means that Ireland has received a total fishing quota of over 700,000 tonnes above scientific advice since 2001. Ireland now must surely be considered among the worst offenders when it comes to the percentage of fishing limits set above scientific advice, having in the previous two years also ranked worst and joint worst.

As in previous years the Minister for Agriculture, Food and the Marine, Deputy Creed, celebrated the fact that he had been able to secure Ireland’s fishing industry the right to overfish in 2018, stating:

The total €152 million value of the whitefish quotas secured for the Irish fishing fleet amounts to an 8% increase in value from last year and a 3% increase in volume. I am satisfied that this is a good and balanced result overall.

Much of the economic debate relating to Common Fisheries Policy reform has in the past focused on the short-term economic cost of reducing fishing pressure and transitioning to maximum sustainable yield rather than on the economic benefits of reaching MSY. This is clearly apparent in the Government's submissions to the European Commission’s proposals on fishing opportunities over recent years. The Government's economic arguments are based on the sustainability impact assessments prepared by Bord Iascaigh Mhara, BIM. These assessments only calculate the cost of quota reductions for the year ahead and fail to consider the medium to long term economic gains of achieving MSY. This evidence, according to the New Economics Foundation, is methodologically weak as it omits cost reductions, quota uptake, and price elasticities.

Fish can be one of Ireland's and the EU’s greatest renewable resources if managed correctly. Aside from their innate value as living things and fundamental components of marine ecosystems, fish can provide multiple benefits to society in the form of food, revenue and jobs. Overfishing results in smaller catches, lower revenues and fewer jobs. As the World Bank has put it, “biological overfishing has led to economic overfishing, which creates economic losses.” MSY, from an economic standpoint, must be the goal we strive for if we wish to achieve the point of greatest economic return. Fishing at or below MSY levels which deliver sustainable catches is a precondition to landing more fish. According to the World Bank, globally fisheries accrued an economic loss of about $83 billion in 2012, compared with what could have been generated by managing fisheries in line with scientific advice. From an EU perspective it is estimated that in 2015, by failing to exploit fish stocks below MSY, the EU caused a total loss of 8.6 million tonnes of catch and €7.1 billion in revenues over the previous five-year period.

The economic benefits relative to 2012-2014 of rebuilding EU fish stocks to MSY could provide Ireland with an additional 200,000 tonnes of fish landings annually. This would generate an additional €270 million in earnings, potentially supporting 2,200 new jobs. Based on the Scientific, Technical Economic Committee for Fisheries most recent annual economic assessment of EU fisheries the revenue generated by fisheries in the north-east Atlantic in 2016 was estimated at €2.66 billion, an increase of 8% from 2015, with the Irish fleet generating €265 million. The net profit generated by the EU fleet was estimated at €417 million, an 84% increase on 2015. The recovery of some fish stocks is one important factor in the positive outlook for the sector. In this context the arguments which have been made in the past of the economic cost of transitioning to MSY are less convincing.

The positive outlook for the sector means that there can be no excuses in delaying our legal obligations. The economic benefits of rebuilding fish stocks will accrue even in the short-term due to the increased profitability of greater catches and the reduced costs of catching more abundant stocks. Now is an ideal time to take the steps necessary to achieve compliance with the CFP. The sooner we transition to MSY the sooner we can enjoy the economic benefits. 2018 will be a critical year for the CFP. Given that the 2020 deadline to end overfishing is just over a year away, this year’s upcoming fisheries negotiations will play a critical role in realising the goals of the CFP.

Every two years EU fisheries Ministers negotiate the total allowable catches for deep sea stocks. This November the TACs for 2019 and 2020 will be agreed. In effect, this means that this November's negotiation will be the CFP’s deadline for these stocks. Ireland’s main interest in the November Council is achieving quota for deep sea fish so that we can trade it with France and Spain in exchange for other fish quota. Ireland receives quota for five deep sea species and six different stocks. Of these stocks four have been overfished for many years and one has zero catch advice for 2019-20. Fishing for orange roughy is prohibited since the collapse of the stock in 2002. The Irish fishing industry does not target deep sea fish stocks. The Government needs to set deep sea fishing limits in line with scientific advice in November for 2019 and 2020. The failure to do so will ensure that the EU will fail to meet its 2020 objective to end overfishing a year out from the deadline.

Every year in December EU fisheries Ministers set the TACs for the majority of commercial EU fish species. Last year, 124 TAC decisions were made or confirmed at this meeting. These negotiations are not public; only their outcomes are. This lack of transparency means that Ministers are not on the hook when they ignore scientific advice and give priority to short-term interests that risk the health of fish stocks. The Government must negotiate fishing limits for 2019 which are compatible with achieving the CFP’s 2020 deadline. BirdWatch Ireland asks that the members of the committee raise these concerns with the Minister when he presents the Government's sustainability impact assessment of the EU Commission proposal this November.