Martin Ferris (Kerry North, Sinn Fein)
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Question 338: To ask the Minister for Communications, Marine and Natural Resources the reason Irish Naval and fishery officials were not informed of an apparent arrangement with Spanish and French vessels being granted permission to fish with undersized mesh on the pretext that they were engaging in scientific experiments. [41085/06]

Martin Ferris (Kerry North, Sinn Fein)
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Question 339: To ask the Minister for Communications, Marine and Natural Resources the person on whose authority permission was given to Spanish and French vessels to gill net in Irish waters with undersized mesh. [41086/06]

Martin Ferris (Kerry North, Sinn Fein)
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Question 342: To ask the Minister for Communications, Marine and Natural Resources the reason no charges were preferred against a Spanish vessel (details supplied) which was detained on 30 September 2006. [41089/06]

John Browne (Wexford, Fianna Fail)
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I propose to take Questions Nos. 338, 339 and 342 together.

Council Regulation (EC) No. 850/98 lays down technical conservation measures for the protection of juvenile marine organisms. However, Article 43 of this Regulation provides for a derogation from these measures (mesh size and other technical stipulations) for the purpose of scientific research. The cases referred to by the Deputy relate to scientific research being carried out with gill-nets with mesh sizes under 120mm which are currently banned. The article stipulates that any such research must be carried out under the supervision of the Member State whose vessel is involved, and with advance notification to the European Commission and to the coastal state, in this case Ireland. However, under current rules the express permission of the coastal state to carry out this research is not required.

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. 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. Commissioner Borg has advised that the Commission is currently examining ways to improve the rules in this area. While not excluding an amendment to the TAC and Quota Regulation the Commission is currently working towards holding discussions with Member States in the New Year. I consider this to be a matter of importance and accordingly I am continuing to press very strongly for amendments to be agreed at the forthcoming Fisheries Council.

In July/August this year I became aware that French vessels were proposing to carry out experiments (using undersized mesh) in the hake and monkfish fisheries off the west coast. I immediately instructed 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.

In September the Department received notification from the Spanish Ministry advising of their intention to carry out similar research in the hake fishery. At my request, officials of the Department 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.

The Irish 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.

Martin Ferris (Kerry North, Sinn Fein)
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Question 340: To ask the Minister for Communications, Marine and Natural Resources if the use of undersized gill mesh nets constitutes an offence. [41087/06]

Martin Ferris (Kerry North, Sinn Fein)
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Question 341: To ask the Minister for Communications, Marine and Natural Resources the reason foreign fishing vessels caught with undersized gill mesh nets in Irish waters are not being prosecuted. [41088/06]

John Browne (Wexford, Fianna Fail)
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I propose to take Questions Nos. 340 and 341 together.

Council Regulation (EC) No. 850 of 1998 as amended lays down technical conservation measures for the protection of juvenile organisms. This Regulation stipulates the minimum mesh size for gillnets in various fisheries and offences for breaches of this Regulation are set down in Irish law by means of Statutory Instrument No. 171 of 2006.

The Irish control authorities constantly monitor the activities of any vessels in Ireland's waters to ensure that all regulatory requirements, including those relating to minimum mesh sizes are met. Where a vessel is detected as using undersized gillnets prosecution is taken through the normal channels.