Martin Ferris (Kerry North, Sinn Fein)
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Question 3: To ask the Minister for Communications, Marine and Natural Resources if his attention has been drawn to the ongoing use of illegal gear by Spanish vessels off the Irish coast. [14775/05]

Pat Gallagher (Donegal South West, Fianna Fail)
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I am aware of concerns being expressed regarding the fishing activities of Spanish owned fishing vessels in the waters off the Irish coast and these concerns have been tabled on a number of occasions in the past. I have had inquiries made into this matter and the control authorities advise that these vessels are regularly checked, both at sea and on landing into Irish ports, as are all fishing vessels operating within the Irish fisheries patrol area. The logged catches from these vessels are reported to the European Commission and details of these catches are returned to the flag member state of the vessel concerned.

The Irish Naval Service monitors the fishing activities of Spanish-owned fishing vessels as part of its normal patrol missions. Checks at sea include the inspection of fishing gear used by vessels, using the methods and criteria prescribed under EU fisheries legislation, for compliance with requirements on minimum mesh sizes. Vessels are also boarded at sea and their catches inspected for compliance with EU fisheries legislation governing the minimum sizes of fish. The proper recording of catches is also checked.

The Department's land-based inspectorate also carries out regular checks of all vessels when they discharge fish into Irish ports. Spanish owned vessels, and all other non-Irish vessels, are required to give prior notification of landing, including information on catches aboard the vessel which it is proposed to land. Inspections carried out by the Department's sea fishery officers check the advance notification information against the catches recorded in the European Union fishing logbook and the actual fish being landed. In addition, checks are made on the fishing gear used by these vessels and on other technical requirements set down in EU fisheries legislation. Where fisheries offences have been detected, the cases are referred to the Attorney General's office and prosecutions are taken under his direction. I have brought some recent allegations about use of illegal mesh size in gill net fisheries to the attention of the Department's land based inspectorate and the Naval Service. This matter will continue to receive due attention in the context of overall fisheries control and enforcement.

Martin Ferris (Kerry North, Sinn Fein)
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I brought to the attention of the Department of Defence the fishing by Spanish vessels off the Kerry coast, north of the Pistola bank and other areas. I have outlined for Department officials the modus operandi of Spanish vessels fishing for hake. At both ends of the net they use the legal size mesh, but most of the middle area is covered by mesh smaller than the minimum prescribed, which is, however, legal for other types of fish caught in the Bay of Biscay. Apparently they can get away with it when they come ashore by using this pretext.

Some weeks ago when the Naval Service was inspecting the gear on a Spanish vessel it conveniently broke down while being hauled and the vessel was towed ashore, thereby making inspection of the entire net impossible. Has the Minister of State been made aware at any time by fishery inspectors that this situation is ongoing? Have the inspectors ascertained the enormous differences between the amount of hake being landed by the Spanish in comparison to Irish fishing vessels? My understanding is that on an eight to ten day trip, 28 tonnes is landed, equivalent to four times what the Irish vessels could land for the same duration. Is there a liaison procedure between the Minister of State's Department and the Department of Defence about what the fishermen describe as illegal fishing by Spanish vessels off the Kerry coast?

Pat Gallagher (Donegal South West, Fianna Fail)
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I am aware of the correspondence forwarded by the Deputy to my colleague, Deputy O'Dea. I take seriously the allegations about the length of gear. There is no restriction on the length, but the end of each net is legal while the centre is often illegal. There have also been allegations from one of the POs. From a control perspective, I am told it is difficult to detect the practices because the nets are many miles long and they are left in the water continuously.

I want to ensure that there is a level playing pitch throughout Europe. I am treating this very seriously. We are in communication with the Minister for Defence and we are anxious to apprehend any vessel that is fishing illegally. I understand what Deputy Ferris is saying about the quantities, but those that are landed in Ireland must be logged. We will continue to inspect them and my officials will continue to ensure that those that do not give us prior notice are brought to justice. The grounds were once the most prolific grounds in Europe, but due to overfishing that is no longer the case. We cannot allow that to continue and conservation is very important.