Written answers

Wednesday, 25 January 2006

Department of Communications, Energy and Natural Resources

Fisheries Protection

8:00 pm

Photo of Noel GrealishNoel Grealish (Galway West, Progressive Democrats)
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Question 573: To ask the Minister for Communications, Marine and Natural Resources if the National Salmon Commission is legally permitted to consider the cost and nature of compensatory measures for salmon driftnet licence holders, and to negotiate such measures; if the National Salmon Commission has been asked to do so; if the National Salmon Commission is not permitted to consider or negotiate such measures; his plans to further the recommendations of the recent joint committee report on the issue; and if he will make a statement on the matter. [40163/05]

Photo of Pat GallagherPat Gallagher (Donegal South West, Fianna Fail)
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The National Salmon Commission is a statutory body established to assist and advise me, as Minister of State with responsibility for the marine, regarding the conservation, management, protection and development of the wild salmon and sea trout resource in Ireland.

The terms of reference, which are set out in the National Salmon Commission (Terms of Reference) Order 2005, SI No. 627 of 2005, are designed to focus the salmon commission in its task of considering what management mechanisms might be required to achieve the alignment of salmon exploitation, both at national and district levels, on the scientific advice by 2007.

The salmon commission is required to ensure that any recommendations with regard to compensatory measures that it makes must be predicated on the basis that the State will not contribute to any funding that may be required for such measures unless a public good is identified, justified and quantified. I would also expect the salmon commission to take on board the recommendation made by the joint Oireachtas committee in its recent report on salmon "that any compensatory schemes should largely be funded by those stakeholders who would be the main economic beneficiaries of more salmon being free to return to the rivers".

Bearing in mind the statutory role of the salmon commission as an advisory body, I do not expect the commission to negotiate any compensatory package that might be identified. I would, however, expect that the commission would have thoroughly examined and considered all of the options and alternatives before making any recommendation. I would also expect that any practical recommendation made on this issue would be supported by a clear rationale, including a detailed and robust assessment as to how such compensatory measures could be developed and funded.

Photo of Noel GrealishNoel Grealish (Galway West, Progressive Democrats)
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Question 574: To ask the Minister for Communications, Marine and Natural Resources his views on whether Ireland's procedures for annually regulating the total allowable catch of wild salmon is in compliance with the requirements of Directive 92/43/EEC on the conservation of natural habitats and of wild flora and fauna and Article 10 of the EC treaty; his further views on whether Ireland's procedures take adequate account of the conservation objectives of sites that have been proposed as special areas of conservation for the species and of the general European Union objective of ensuring that the salmon is maintained at or restored to favourable conservation status; the recent correspondence there has been on this issue between Ireland and the European Commission; and if he will make a statement on the matter. [40164/05]

Photo of Pat GallagherPat Gallagher (Donegal South West, Fianna Fail)
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The Department of the Environment, Heritage and Local Government has primary responsibility for the implementation in Ireland of Directive 92/43/EEC on the conservation of natural habitats and wild flora and fauna. That Department received a letter of formal notice from the European Commission dated 5 July 2005 regarding a complaint made to the Commission that Ireland is not managing drift net fishing for salmon in accordance with the directive.

As the complaint concerns drift net fishing in Irish waters, the Department of Communications, Marine and Natural Resources worked closely with the Department of the Environment, Heritage and Local Government on a response that issued to the European Commission on 16 November last. As the correspondence between the European Commission and the Irish authorities may, however, be considered an initial step in possible infringement procedures against Ireland on this issue, I am advised that the matter remains sub judice and that I cannot therefore comment on the exact details of our response at this time.

The Deputy will be aware that I, as Minister of State with responsibility for the marine, rely on the advice of the National Salmon Commission, which is a statutory advisory body, in determining conservation and management measures for the wild Irish salmon fishery. In order to assist it in this task, I have provided specific terms of reference for the National Salmon Commission which are set out in the National Salmon Commission (Terms of Reference) Order 2005, SI No. 627 of 2005.

These terms of reference require, inter alia, that any practical recommendations made by the National Salmon Commission to me having regard to the conservation, management, protection and development of the national salmon resource must be considered regarding national obligations under relevant legislation of the European Union.

I am satisfied that the advice provided to me by the salmon commission and the fisheries boards' managers for the 2006 salmon fishing season and beyond, will have full regard to and take account of the requirements of Council Directive 92/43/EEC, otherwise known as the Habitats Directive, in so far as they apply to the wild salmon species.

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