John Perry (Sligo-Leitrim, Fine Gael)
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Question 78: To ask the Minister for Communications, Marine and Natural Resources if, in view of the short timeframe for fishermen to examine its future implications, he will extend the submission date for the salmon hardship scheme; the reason fishermen have to submit to never applying for a commercial salmon licence in the future in view of the fact the independent group's recommendation only dealt with a cessation of drift netting; the action that will be taken in the situation where salmon stocks might recover and certain nets may be needed to take a quota of salmon, in view of the fact that all those who accept compensation must undertake not to make a future application for a commercial licence if they want to avail of this compensation; the reason it specifies in the criteria of the scheme that BIM reserves the right to alter or amend the conditions of this scheme or to the selection criteria or to suspend the scheme or to substitute the scheme for a different scheme; his views on whether this is unfair and that overall the scheme is preying on people who are being pushed into making a quick decision; and if he will make a statement on the matter. [11535/07]

John Browne (Wexford, Fianna Fail)
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The primary motivation in aligning the future management of the wild salmon fishery with the scientific advice and the introduction of the appropriate regulations to cease mixed stock fishing is the conservation of wild salmon stocks. It is vital to afford every protection to the remaining salmon stocks and to clearly prioritise conservation over catch.

The independent group was set up to examine the implications for the commercial sector of aligning the wild salmon fishery with scientific advice for 2007 and beyond. The scientific advice called for the complete cessation of all indiscriminate mixed stock fishing for salmon and the cessation of harvesting of stocks which are below their conservation limit.

The salmon hardship scheme, which I published recently, is being administered jointly by BIM and the regional fisheries boards. The closing date for receipt of applications is 30 March 2007. However, I am advised that applicants will have until 31 December 2007 to accept any offer under the scheme. The scheme is voluntary and individuals do not have to make an application or accept an offer following an application.

The independent group recommended that those who avail of the scheme should not be able to apply for a licence in the future. It is my intention that the control of fishing for salmon order will shortly be modified in such a way that applications for commercial fishing licences will only be invited for fishery districts where rivers are identified as having surplus stock in 2007 and only for those methods that do not impact indiscriminately on stocks of fish that are below their conservation limit.

In the future when stocks recover and it is established from the results of the genetic stock identification project that significant numbers of fish destined for other rivers are not intercepted, it should be possible to exploit the identified surplus in rivers, bays and estuaries by all appropriate methods, but within the constraints permitted by the habitats directive.

The wording in the scheme to which the Deputy refers is part of the general terms and conditions which BIM applies to all schemes it operates, as has been the norm for the past four years. This clause legally permits BIM to cater for any changes in State or EU legislation which might occur, or any other changes that may occur after a scheme has been launched, negating the need to re-advertise a scheme and requesting applicants to reapply.

John Perry (Sligo-Leitrim, Fine Gael)
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Why does BIM reserve the right to amend the conditions of the scheme? It is quite unfair that when people sign up for the hardship scheme, they forfeit the right to apply for any future commercial salmon licences. I see the Minister of State has stipulated up to the 31 December as regards the evaluation period and for acceptance. In certain cases fishermen are sending back the application forms. The Minister has said this is very much a voluntary scheme. However, are we not talking about a complete ban? If they do apply for the scheme this year is there any possibility of a reconsideration, should they apply after 31 March?

John Browne (Wexford, Fianna Fail)
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We have tried to be as flexible as possible with the scheme. As I have outlined, BIM has always included this clause in its remit because it allows it to make changes without re-advertising to the public.

We have introduced an independent appeals procedures which will apply in respect of decisions by the administrative authority. Applicants who are unsuccessful may contact the independent appeals officer. A number of Deputies have raised the issue of 31 March with me, including Deputy Perry and Members on this side of the House. I intend to have discussions with BIM over the next day or two to see whether the date can be extended closer to the end of April.

There are some 1,800 licences between draft net and drift net operators and to date, more than 600 have applied. I understand there was a meeting last night in Donegal and we expect that substantially more will apply over the next few days. I am prepared to consider extending the date, possibly for another month, to cater for people who may want more time to review the situation.

John Perry (Sligo-Leitrim, Fine Gael)
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On the evaluation, as regards the level of compensation on offer, it is totally inadequate in that this is a hardship scheme and yet it is not tax-free. The benchmark period adopted was very inappropriate and in certain cases people will receive as little as €2,000 and €3,000, while forfeiting the right to apply for any licence, even for draft netting. This is an appalling scheme.

Finally, it has not been explained how the community fund is to be administered, in what manner and whom it will benefit.

John Browne (Wexford, Fianna Fail)
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The overall provision is €25 million for hardship and €5 million for the fund the Deputy has talked about. We are in discussions with the Minister for Community, Rural and Gaeltacht Affairs, Deputy Ó Cuív, to see how the €5 million scheme can be implemented. I do not believe any Deputy would support the setting up of another bureaucratic layer within my Department when CLÁR, RAPID, LEADER and other programmes operate within Deputy Ó Cuív's office. I believe we should examine how we can administer the fund through his Department.

As regards the taxation arrangements, the money can be paid over a period of three years. The Revenue Commissioners have advised that not all the hardship fund will be taxable. The part which relates to the payment of six times the value of the 2006 licence fee, for example, will not be liable to tax. There are therefore opportunities for fishermen to avail of the scheme over a three-year period, which will reduce their tax liability. As I have said, we have already held discussions with Revenue on this particular area.

John Perry (Sligo-Leitrim, Fine Gael)
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As regards the flawed mythology used for the evaluation and the payment, the manner in which tags are issued to fishermen is totally in appropriate. In certain cases tags may be bought in five different towns without any central data record being accountable and that is the situation pertaining in a modern technologically-based economy. Does the Minister of State not agree that the €3,000 or €4,000 being paid out to the majority of drift net operators will not compensate them for their nets? The level of compensation on offer is totally inadequate. With 1,800 licence holders, to date only one third have sent in their applications. That does not augur well for the future.

John Browne (Wexford, Fianna Fail)
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To have received 600 applications to date is a significant number. A number of meetings have taken place around the coastline——

John Perry (Sligo-Leitrim, Fine Gael)
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Very unhappy meetings.

John Browne (Wexford, Fianna Fail)
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Fishermen have been holding meetings around the coastline, and I understand a number have now made decisions and people will be applying under the hardship fund. The figure of €30 million is a significant amount of money, the opportunities are there for the fishermen to apply and certainly we want to pay the money out as quickly as possible.

John Perry (Sligo-Leitrim, Fine Gael)
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They would want to be very receptive on the doors.

Tommy Broughan (Dublin North East, Labour)
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There will be lots of meetings in the next few weeks.

Bernard Durkan (Kildare North, Fine Gael)
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It will be a rolling maul.