Michael Creed (Cork North West, Fine Gael)
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Question 276: To ask the Minister for Agriculture, Fisheries and Food the situation regarding Celtic Sea cod quota and the prospects for an immediate increase of quota for fishermen here in this species; and if he will make a statement on the matter. [24703/08]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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A preliminary TAC (Total Allowable Catch) was set for Celtic Sea cod at the December 2007 Agriculture and Fisheries Council. At that Council it was agreed that a final TAC would be established after a review of the scientific evidence relating to the state of the stock, in the first half of 2008. In March this year, a scientific paper was submitted to the European Commission by the Research Institutes of France, UK and Ireland supporting an increase in the quota. The submission was referred to ICES (International Council for the Exploration of the Sea) for review; however, ICES did not reach the same conclusion and this issue has since been the subject of ongoing discussions with the Commission.

I am aware that the cod fishery in the Celtic Sea is an extremely important one for Irish fishermen. The quota is managed in conjunction with the industry and at the request of the industry a relatively liberal fishery was permitted earlier in the year when markets were strong. We now have almost exhausted our quota for the year. This will prove a very difficult problem for Irish fishermen because cod is taken in a mixed fishery and this will ultimately lead to discarding. From a conservation perspective this cannot be justified. I am pressing the Commission to urgently reconsider the scientific advice on the stock with a view to allowing a modest increase in the TAC this year. However, the Commission is of the view that the scientific outlook for the stock is not too optimistic and they are taking a cautious approach.

Michael Creed (Cork North West, Fine Gael)
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Question 277: To ask the Minister for Agriculture, Fisheries and Food the steps he proposes to take to protect fishermen here from illegal, unreported and unregulated fishing; and if he will make a statement on the matter. [24704/08]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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IUU (Illegal, unreported, unregulated) fishing is one of the most serious threats worldwide to the sustainability of fish stocks. IUU fishing means that catches are either misreported or not reported at all and this is a significant contributor to the depletion of stocks through overfishing, as well as undermining the sustainable management of fisheries. The estimated value of IUU fishing worldwide is in the region of €10 billion. EU fishermen face intense competition from IUU operators who disregard all the many obligations that legal operators are obliged to take on. This problem has increased over the last number of years due to the globalisation of the fisheries sector, which has led to increased trade flows of fisheries products whose legality is extremely difficult to establish, thus undermining the markets for our own fishermen.

Measures to eliminate IUU fish from the EU market were adopted at the Agriculture and Fisheries Council on 23/24 June 2008. These measures include:

the creation of a list of vessels (both EU-flagged and non-EU) that are involved in IUU fishing;

a scheme of port state control that would prohibit access by third country IUU vessels;

a ban on the importation of IUU fish, by requiring certification by the flag state that the fish is legal;

the development of a Community Alert System when there is a suspicion that IUU fish has been detected;

prohibition of importing fish from countries that have been identified as not cooperating with the EU scheme;

I believe that we must take strong action to address this menace and I fully supported the adoption of these measures at the Council.

Michael Creed (Cork North West, Fine Gael)
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Question 278: To ask the Minister for Agriculture, Fisheries and Food the progress made regarding the introduction of uniform administrative sanctions across the EU for fishery offences; and if he will make a statement on the matter. [24705/08]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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The Sea Fisheries and Maritime Jurisdiction Act, 2006 was enacted on the 4th April 2006 and provides for dissuasive and effective penalties for infringements of fisheries law as required under the Common Fisheries Policy. The possibility of introducing administrative sanctions was comprehensively considered, including an examination of practices in other Member States, at the time of the passage of the Sea Fisheries and Maritime Jurisdiction Bill through the Oireachtas. The position taken by the Minister at that time was based on legal advice from the Attorney General.

On foot of the recent Court of Auditors Report on Fisheries control the Commission is proposing wide-ranging proposals to reform and update the EU Fisheries Control framework. At last week's meeting with Commissioner Borg, I pushed strongly for a level playing field on control as a coastal state with responsibility for protecting some of the richest fishing ground in the EU. I pointed out that the industry here in Ireland strongly believe that they are on their own in being subject to controls, and that operators in some other countries face low penalties that can not be considered dissuasive when they are found to infringe the rules of the CFP.

I asked Commissioner Borg to include measures to promote a level playing field in control activities and sanctions, in the review of the control regulation that is currently underway. In particular, I asked as a priority that the Coastal Member State responsible for control should be able to know the quota limitations applying to any community vessels fishing in its waters. Commissioner Borg recognized the heavy responsibility on Ireland as a Coastal State to control activities in its waters and said he would welcome specific proposals from us taking account of our particular role and the experience we have gained over the years. I will be making direct contact with him setting down proposals which we consider are the minimum necessary to deliver effective control and a level playing field.

I have asked the Attorney General to examine this issue from a legal perspective, and consider if there have been any new developments which might support the introduction of a regime of administrative sanctions for fisheries offences in Ireland, at least for minor offences.