Pat Carey (Dublin North West, Fianna Fail)

I am taking this matter on behalf of my colleague, the Minister of State at the Department of Communications, Energy and Natural Resources, Deputy Conor Lenihan. The Foyle Area (Control of Fishing) Regulations 2010 were made by the Loughs Agency which as Deputy McHugh knows is a North-South body under the co-sponsorship of the Department of Communications, Energy and Natural Resources and the Department of Agriculture and Rural Development in Northern Ireland. The Loughs Agency is responsible for the protection and conservation of inland fisheries in the Foyle and Carlingford areas.

The 2010 regulations were made following a long period of consultation and development in order to meet the agency's national and international obligations, including the requirements of the European Habitats Directive. The regulations provide for a practical and equitable response to falling salmon numbers in the Foyle system. They allow for the suspension or restriction of angling or the use of nets on the Rivers Mourne, Faughan, Roe and Finn when necessary to conserve stocks, especially in times of drought or flood.

This addresses the fact that salmon stocks in the Foyle system were no longer meeting sustainability targets. There was particular concern over the impact of commercial fishing on the remaining stocks which only met 40% of their management targets last year. It should be noted that the issue of declining stocks has been the subject of a formal compliant to the European Commission in May 2010.

The complaint maintains that the use of 18 driftnet and ten draftnets within the Foyle system is not consistent with the requirements of the Habitats Directive. It argues that this fishing is indiscriminate in nature as it catches salmon from the weakest rivers in the system as well as from those that meet their conservation targets.

The Deputy will be aware that salmon stocks exploited in Lough Foyle by the commercial interceptory fishery up to 2006 had been achieving their conservation limits. However, scientific advice for 2006 indicated that a rationalisation of the fishery was necessary both to protect stock levels and to maintain the future viability of the commercial fishery. In May 2007, approval was given by the North-South Ministerial Council for the introduction of a suite of salmon conservation measures to be administered by the Loughs Agency. Regulations agreed by the council provided the agency with the necessary powers to manage wild salmon stocks in the Foyle and Carlingford areas. This was in compliance with the EU habitats directive and the recommendations of the North Atlantic Salmon Conservation Organisation.

At that time, a hardship scheme was introduced in recognition of the impact that cessation of the mixed stock fishery at sea would have on traditional salmon fishermen. The scheme was introduced by the Loughs Agency in conjunction with its sponsor Departments - the Department of Communications, Energy and Natural Resources and the Department of Agriculture and Rural Development in Northern Ireland. It was offered on a voluntary basis to former drift and draft net licence holders who were active during the period 2002 to 2006. The salmon hardship scheme was intended to provide a measure of relief to individual licence holders in line with the degree of hardship arising from the closure of the interceptory fishery seaward of Lough Foyle. The scheme was jointly funded by the Government and the Northern Ireland Executive. The total cost of the scheme was €3.8 million.

The number of drift nets that operated in the Foyle area reduced significantly from 112 to 18 and the number of draft nets which operated within the Lough and River Foyle decreased from 50 to ten. It should be stressed that the commercial nets-men who have not been issued with licences in 2010 were made aware in 2007 that if they did not accept the scheme, any future suspension or closure of the fishery would not attract hardship payments.

In the circumstances, there is no question of the suspended commercial interceptory fishery being reopened until stock levels allow. While there can be understandable sympathy for those impacted by the necessary suspension, introducing a new hardship scheme for fishermen who decided not to avail of the scheme previously introduced is not an option at this time. These fishermen made a choice to continue fishing rather than take the hardship scheme when there were serious concerns about the scale in the decline in salmon numbers in Ireland and Northern Ireland. However, if stock levels improve to a point where there is a harvestable surplus, then the regulations allow for the reopening of the fishery.

With regard to the Deputy's supplementary questions, I will arrange to have them examined by the Minister and the Department and I will ask him to communicate directly with the Deputy.

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