James Bannon (Longford-Westmeath, Fine Gael)
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I thank the Ceann Comhairle for affording me time to discuss an important issue, namely, the need for the Minister for Communications, Energy and Natural Resources to expedite a review of the by-laws that banned eel fishing in 2009 and left a reported 500 fishermen out of work. The review is not due until 2012, but the delay is untenable.

What happened to eel fishing thanks to the previous Government was an environmental scandal. It was also a legislative and economic scandal. A considerable question hangs over the fact that the then Minister for the Environment, Heritage and Local Government exceeded his brief by introducing the ban on eel fishing through a by-law, No. CS 303, 2009, without seeking legislative enactment. Scientific advice such as that provided by the International Council for the Exploration of the Sea, ICES, and European Council Regulation No. 1100/2007 is no justification for the previous Minister going on an over the top and ill-advised save the European eel campaign, above and beyond requirements. He single-handedly introduced changes to the detriment of our native eel fishing industry. Properly handled, the eels, the rights of our eel fishermen and those with an interest in fishing as a leisure pursuit could have been protected. The bottom line is that both Councils recommended measures for a recovery plan and cutting down of eel fishing and not wholesale closing down of such activity. The directive from Europe was for a 40% reduction and not the 100% reduction introduced by the then Minister.

Rather than depriving fisherman of their livelihood, it would have served the previous Minister better had he turned his attention to the main reason the eel stock has been depleted. Unregulated electric generation turbines have destroyed much of our eel population, which is evident in the Shannon. For example, turbines at Ardnacrusha power station have been causing problems with eel and salmon since inception of the station in the 1930s. Turbines are the elephant in the room. Promises to protect migrating fish have not been kept and salmon have been wiped out on the Inny and the Shannon system and no money has been spent by the ESB to rectify this appalling situation.

In terms of the national economy, salmon fishing could be worth far more than the electricity generated at Ardnacrusha. Given the tourism potential, salmon fishing on the Shannon could generate €1 billion per annum. In what can only be referred to as a total farce, the catch and release programme results in 20 tonnes of fish being caught and released while 200 tonnes are destroyed in the turbines. In what defies belief, a local smokehouse and another in County Clare, were recently offered dead eel to smoke by the ESB. What is to happen to the boats, engines, nets and lines of those fishermen who depend on eel fishing for their livelihood? The by-law mentioned diversification but no money was provided for this or for compensation for fishermen. The loss of eel fishing has hit not only fishermen but associated businesses which supply outboard motors, boats, boat repairs, nets and so on. It must also be remembered that 100% of eels caught in Ireland are exported. While Ireland is forced to lose such revenue fishing is still taking place in other European countries, with France in particular exporting to Asia.

The by-law also stipulated that those disaffected by its provisions could appeal to the High Court. A case in this regard, which was to be heard next month, has been brought forward and has been before the courts for the past three days. I appeal to the Minister to bring forward a review of the over-zealous provisions made by his predecessor. I cannot over-emphasise the need for him to reconsider this matter and to provide an equitable solution for the preservation of the eel stock and a guarantee of employment for our eel fishermen.

I thank the Acting Chairman, Deputy Mathews for his indulgence and look forward to a positive reply from the Minister.

Fergus O'Dowd (Louth, Fine Gael)
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I thank Deputy Bannon for raising this matter, which he has discussed privately with me on numerous occasions. I am taking this Adjournment debate on behalf of the Minister for Communications, Energy and Natural Resources, Deputy Rabbitte.

International expert advice is that European eel stocks have declined steeply and in 2008 the expensive delicacy was listed as officially endangered, following a 90% plunge in stocks during the previous 30 years.

Following scientific research conducted by the International Council for the Exploration of the Sea, ICES, indicating that European eel stocks are in a critical state, the EU introduced Council Regulation 1100/2007, the objective of which is to achieve recovery of the stocks to previous high levels. The regulation required that all member states prepare a national eel management plan, EMP. Ireland's plan was approved by the European Commission in July 2009.

The decision to cease the eel fishery was taken based on the best management and scientific advice available, along with other conservation measures to support a recovery of the stock in the shortest time possible. The conservation of eel fishing by-law No. CS303/2009 gives effect to this decision and provides for closure of the fishery until June 2012 when the status of stocks will be fully reviewed and reported on to the European Commission. This review will consider whether the eel fishery could be reopened in any river basin district in light of the data gathered in the interim and the performance of stocks. The EMP includes a comprehensive programme of monitoring and evaluation of management actions and their implementation. It also includes a programme of scientific eel stock assessment to establish a stock baseline, estimate current silver eel escapement and monitor the impact of the management actions on the local stocks.

In 2010, ICES reiterated its previous advice, that all anthropogenic mortality - recreational and commercial fishing, barriers to passage, habitat alteration, pollution, and so on - affecting production and escapement of eels should be reduced to as close to zero as possible until there is clear evidence that the stock is increasing. A concerted effort by all European countries to conserve eel habitats is urgently needed. ICES concluded that there is no change in the perception of the stock. The status remains critical and shows no sign of recovery. The advice remains that urgent actions are needed to avoid further depletion of the stock.

The report to the Minister of the National Eel Management Plan for 2009 and a recent update from Scientific Eel Group, who are responsible for monitoring their scientific actions outlined in the eel management plan for 2010, states that the gathering of information continues and indications are that some local stocks are in a perilous condition. The 2010 report is due to be submitted shortly. I understand that comprehensive surveys and assessments of recruitment, yellow eel and silver eel were undertaken in 2009 and 2010 by Inland Fisheries Ireland, the National University of Ireland Galway, ESB and the Marine Institute.

In summary, recruitment remains low but patchy. Some yellow eel stocks are showing indications of low recruitment, low numbers of small eels and increasing average size, density dependent responses to low recruitment - higher proportions of larger female eels - may be leading to higher than expected biomass but this may not be sustainable. Preliminary estimates of silver eel escapement in some catchments have shown a positive response to the fishery closure and these preliminary estimates of escapement are in the range of expectations presented in the eel management plans.

Full estimates of silver eel production and escapement will be available for the 2012 report to the EU. It is still not possible to estimate stock size for large water bodies or for transitional waters and these are the subject of long-term mark-recapture studies and modelling exercises to try to estimate local stock size and potential or actual silver eel production. The continued spread of the invasive swimbladder parasite, Anguillicoloides,gives cause for serious concern. In so far as the international response to the decline in stocks is concerned, there are 18 EU Commission approved eel management plans in accordance with the Council regulation.

In December 2010, the EU scientific review group assessed the situation for European eels and agreed unanimously that it was not possible to perform a "non-detriment finding" for the export of European eels. This essentially means that no exports or imports of eel can now take place between EU member states and third countries. Last year, for the first time ever, the UK environment agency imposed a temporary ban on all fishing for mature eels, declaring a six-month closed season in England and Wales. Fishing for elvers and glass eels was similarly restricted.

A revised Dutch EM plan was submitted to the Commission for approval before the start of the silver eel fishing season in April. Following the discovery that eels in certain areas contained higher dioxin levels than those allowed, the Dutch authorities are preparing legislation to forbid the sale of eels caught in these areas. They expect that, as a result of the ban, fishing effort may be diverted to areas which constitute key migration routes for eels. In order to avoid a negative impact on the stock, the Dutch Minister, Mr. Bleker, has decided to close these key areas to fisheries.

I understand that 2008 data indicated the Irish eel fishery harvested approximately 100 tonnes per annum and there were up to 150 fishermen who held a maximum of 296 licences, not all of which were actively fished. However, the low recruitment of juvenile eels in 2009 appears to be the worst yet, and gives rise to serious concern for the future of the eel. We owe it to future generations to do whatever we can to save this vulnerable species, not only for its own sake but also to protect ecological biodiversity. To do otherwise would consign our remaining stock, challenged by so many pressures from ocean changes due to global warming, habitat degradation, parasites and disease, to possible extinction.