John Perry (Sligo-Leitrim, Fine Gael)
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Question 113: To ask the Minister for Communications, Marine and Natural Resources if the level of fishing effort is in accordance with Council Regulations 1954 of 2003 and 1415 of 2004 fishing effort in western waters; if he has evidence that Spanish effort is not increasing, particularly in the area previously known as the Irish Box; if levels are being monitored; and if he will make a statement on the matter. [2221/06]

Pat Gallagher (Donegal South West, Fianna Fail)
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New fishing effort levels were established for western waters following intensive negotiations during 2003 and 2004. The new regime established fishing effort levels for whitefish, scallop and crab fisheries based on the actual levels of fishing effort exerted by the various fleets over the five-year period 1998 to 2002.

The implementation of the new western waters regime also involved the establishment of a biologically sensitive area to the south and south west of Ireland, the so-called new Irish Box, where specific effort limits were also established. On the basis of a case made by Ireland, this area was scientifically proven as being especially sensitive owing to its importance as a spawning and nursery area to important whitefish species such as hake and megrims in particular.

The fishing effort levels laid down in Council Regulation 1415 of 2004 are subject to detailed reporting requirements by all member states concerned. These maximum effort levels are legislatively enforced at EU level and any breach of those limits by the fishing fleets of any member state is subject to possible infringement proceedings by the European Commission against that member state. Therefore, the European Commission is in an effective position to monitor the situation and take action in the event of non-compliance with the limits.

I am not aware that there has been an increase in effort beyond the permitted levels by the fishing vessels of any member state. As these levels reflect the fishing activity in the period 1998 to 2002, they do not allow for increases in excess of that employed at that time. The fishing effort limits established provide the necessary protection for fish stocks in waters around Ireland, both inside and outside the Irish Box.

John Perry (Sligo-Leitrim, Fine Gael)
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What assurance can the Minister of State provide regarding the monitoring of fishing effort levels in this area? Are fishing effort levels being monitored? It has come to my attention that some Spanish interests are attempting to have the fishing effort levels of large deep water freezer trawlers currently fishing in the NAFO waters transferred to Area 7. Can the Minister of State assure Irish fishermen this will not be allowed to happen as it will result in increased fishing in the area?

Can the Minister of State provide assurances on the level of monitoring? Who is undertaking this monitoring currently? The Minister of State may not be aware of such an increase in effort but how can he be sure it is not happening?

Pat Gallagher (Donegal South West, Fianna Fail)
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The Irish Naval Service monitors fishing activities of foreign fishing vessels as part of normal patrol missions. The Naval Service can board vessels at sea and inspect fishing gear used by vessels according to methods and criteria established and prescribed by EU fisheries legislation so vessels comply with requirements and minimum mesh sizes. Vessels are also boarded at sea and the catch inspected for compliance with EU fisheries legislation governing minimum sizes of fish. The Naval Service can also verify the proper recording of catches.

Many vessels land at Irish ports so the Department's land-based inspectorate carries out regular checks of all vessels when they discharge fish into Irish ports. Foreign vessels, like Irish vessels, are required to give prior notification of landing, including information of the catch on board and where it is proposed to land. Inspections carried out by sea fisheries officers check when the vessels land in Ireland and check the advance notification information against the catch records in the EU fisheries log book and against the fish landed.

I can give assurances that as far as is possible and practical, we carry out all necessary checks. I understand Deputy Perry's concern as there is a perception that such checks do not take place. These checks will continue to take place.

John Perry (Sligo-Leitrim, Fine Gael)
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What is the opinion of the Minister of State regarding deep water freezer trawlers and the attempt by some Spanish interests to have fishing effort levels of large deep water vessels currently fishing in the NAFO waters transferred to Area 7? Will he resist this?

Pat Gallagher (Donegal South West, Fianna Fail)
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This is a separate question. I will examine this in detail and if it will be detrimental to——

John Perry (Sligo-Leitrim, Fine Gael)
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It will be detrimental and this is a major concern. It would clean out the Irish Box.

Pat Gallagher (Donegal South West, Fianna Fail)
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I will try to establish if this is the case. We signed up to the Common Fisheries Policy in January 1993, which was reviewed recently. We are obliged to comply with EU regulation. Perhaps this is a matter over which I can exercise some control and if not I will highlight it with the EU Commission.