John Perry (Sligo-Leitrim, Fine Gael)
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Question 245: To ask the Minister for Communications, Marine and Natural Resources the reason the valuable scallop fishing fleet in the southeast of the country has had its fishing opportunities cut drastically, such that is now faces ruin. [7832/05]

Pat Gallagher (Donegal South West, Fianna Fail)
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In November 2003, the Fisheries Council adopted a new regime to manage fishing effort in Western Waters and the "Irish Box" for the demersal, scallop and crab fisheries. This regime replaced the Western Waters regulations of 1995 which also set effort limits for the scallop fleet. The purpose of fishing effort limits in Western waters is to limit access to waters and resources and provide for the sustainable pursuit of fishing activities. Under the Western Waters fishing effort regime agreed in 2003, new fishing effort ceilings were established in June 2004 for the scallop fishery based on the average of the fishing effort levels over a reference period of 1998 to 2002, inclusive. The methodology of taking a recent reference period is consistent with long-established practise in fisheries management and a similar approach was followed for all demersal fisheries and also for crab fisheries.

The establishment of such ceilings for fishing effort, which are applicable not only to Irish fishermen but also to fishermen from a number of other member states, is an important element of conservation for sensitive and vulnerable stocks such as scallops. This approach to the conservation of all fish stocks in western waters was widely supported by all fishermen's organisations that did not wish to see fishing effort increasing further in this area.

The level of fishing effort established for the Irish scallop fleet in the western waters implementing regulation of July 2004, based on the reference years 1998 to 2002 inclusive, is higher than the levels of effort exerted by that fleet in 2001 and 2002. However, because the level of fishing effort increased significantly in 2003 and 2004 above the level set in the Western Waters Regulation, it is necessary to implement management measures to ensure that the level set in the regulation, which was intended to cap fishing effort going forward, is not exceeded in 2005 and future years.

The increased fishing effort by the Irish scallop fleet since 2003 reflects the impacts of both the arrival into the fleet of new vessels and the greater time spent travelling to more distant fishing grounds as a consequence of the depletion of more local stocks. It should be noted that the Marine Institute in its advice on the state of fish stocks in November 2003, considered that, in respect of the important scallop fishery off the south east coast of Ireland, the fishing power and effort are currently in excess of what the resource can sustain. Fishing mortality and fishing effort are regarded as currently too high and unsustainable. Accordingly the Marine Institute recommended that fishing effort should be reduced to return the fishery to sustainability.

The EU effort ceiling now established for scallops, while higher than the actual level of effort exerted in 2001 and 2002, represents a reduction of approximately 33% over 2003. It is important to bear in mind that there are currently no catch limitations on scallops and that fishing effort is the only management instrument in place under European law to limit the exploitation of these stocks.

In order to ensure optimum management of the available effort allocation for this fishery, my officials have held a number of meetings with representatives of the scallop fishermen. I met industry representatives on 11 February and held a comprehensive meeting with them on 1 March to hear at first hand their concerns. While I accept that this is a difficult situation, it remains possible to devise a management system that will ensure that the established effort limits are respected while providing for a sustainable scallop fishery into the future.

To do this we will need to work together with the sector to ensure an equitable outcome for all players in this fishery and to avoid an early closure of the fishery in the event that the fishery is not effectively managed. I am seeking to avoid a situation where, in order to meet Ireland's legal obligations, I have no choice other than to close the fishery early because all the effort has been utilised. It is my desire is to work with the sector to put in place a management system which uses the available effort to the best advantage of the industry over the year as a whole.

I remain fully committed to continue to work with the representative organisation and the fishermen affected to find an appropriate mechanism for the effective management of this fishery to ensure its viability in the long run. I have advised the representative organisation that I am available for further discussions on how these matters can be resolved.

John Perry (Sligo-Leitrim, Fine Gael)
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Question 246: To ask the Minister for Communications, Marine and Natural Resources his plans to ensure the ending of practices (details supplied). [7833/05]

Pat Gallagher (Donegal South West, Fianna Fail)
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The Deputy is referring to a recent report entitled A preliminary investigation on Shelf Edge and Deepwater Fixed Net Fisheries to the West and North of Great Britain, Ireland, around Rockall and Hatton Bank. This report was compiled by representatives of eight fisheries agencies, including Ireland's Marine Institute and Bord Iascaigh Mhara as well as representatives from the UK and Norway.

This important report is currently under consideration by the Department. The occurrence of so-called "ghost-fishing" as a result of fishing gear being discarded and left on the seabed is a cause for concern and requires remedial attention. During its EU Presidency, Ireland made it a priority to press for more environmentally-friendly fishing methods and I am pleased to say that Ireland succeeded in achieving the adoption of Council Conclusions on this important subject. These conclusions were agreed in June 2004 and include provision for the European Commission to develop a pilot project to address the problem of ghost fishing in Community waters, including a retrieval system to remove lost gear. I anticipate progress on this issue during 2005. Catch limitations for deepwater sharks, the main species targeted by the fishery concerned in the report, were introduced at EU level for the first time for 2005 at the December 2004 Agriculture and Fisheries Council.

As many of the deepwater fisheries concerned straddle international waters where non-EU vessels are also fishing, the need for a wider international approach to this problem is an important consideration and in that regard I believe that it is important NEAFC, the North East Atlantic Fisheries Commission, is fully involved and will hopefully act as a catalyst for remedial management measures in that wider context.