Jim O'Keeffe (Cork South West, Fine Gael)
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Question 248: To ask the Minister for Communications, Marine and Natural Resources his views on the conducting of fishing trials, unsanctioned by the EU Commission, by French and Spanish vessels using illegal undersize gillnets in Irish waters; if the vessels carrying on such operations in Irish waters have been arrested and released; and if he will make a statement on the matter. [33773/06]

John Browne (Wexford, Fianna Fail)
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The relevant regulation is Article 42 of EC Regulation 850/98, which allows a derogation for the purpose of scientific research from mesh size and other technical stipulations, in this case the ban on fishing with gill-nets with mesh sizes under 120 mm. Any such research must be carried out with the formal approval of and under the supervision of the flag state, and with advance notification to the Commission and to the coastal state, in this case Ireland.

I do not accept the need for research involving the use of undersized mesh, and particularly not where the species in question is the subject of protection as part of a recovery plan.

In recent months French and Spanish vessels have carried out research into species such as hake, megrim and anglerfish, using undersized meshes. In July/August this year I became aware that French vessels were carrying out such experiments in the hake and monkfish fisheries off the west coast. I immediately instructed my officials to raise the matter with the European Commission and the French authorities, with the result that the French authorities instructed their vessels to withdraw the element of their research programme involving undersized meshes.

More recently, the Department received notification from the Spanish Ministry advising of their intention to carry out similar research in the hake and megrim fisheries. At my request, officials of the Department have again expressed our very strong opposition to the proposal and asked the Commission to intervene to stop such fishing which is completely contrary to the EU plans for conservation and recovery of the stocks. The Commission has written to the Spanish authorities seeking a justification for the research programmes. Officials from the Department have also met with the Spanish authorities in relation to the matter. One such vessel was indeed arrested while discussions were ongoing with the Commission and the Spanish authorities, but was subsequently released on the basis that it was part of the research programme.

I have written to Commissioner Borg requesting an amendment to the EU Regulations so that the express approval of the coastal Member State would be necessary for research projects in their Exclusive Fisheries Zone. I will be pressing strongly for the introduction of the amendment over the coming weeks.

In the meantime, the control authorities will continue to monitor the activities of any vessels carrying out research in Ireland's waters to ensure that the regulatory requirements are met.