Joe McHugh (Donegal North East, Fine Gael)
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Question 506: To ask the Minister for Agriculture, Fisheries and Food if he will re-consider his decision to ban polyvalent inshore skate gill net fishing on Lough Swilly; if he will acknowledge that the 11 inch to 14 inch skate gill nets cannot catch codfish or other whitefish species; if he will reinstate licences; and if he will make a statement on the matter. [35926/10]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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At the beginning of 2009 under Annex III of EU regulation No. 43/2009 the European Commission introduced new technical measures into a part of Area VIa (West of Scotland) inside the 200m depth contour to protect cod, haddock and whiting stocks. Lough Swilly would be included in this area. The provisions of this Regulation were extended, as transitional measures for the period from 1 January 2010 to 30 June 2011, under Council Regulation 1288/2009. Under these regulations gillnetting, regardless of species being targeted, is prohibited in the area.

It should be noted that during discussions at the EU Fisheries Council in November 2009 representations were made by Ireland in respect of several amendments to these regulations. The Commission made clear that it would not support a gill net fishery in the protected area because it considered that this form of fishing could be used to target the stocks being protected. When Ireland's concerns were not taken into account, it was not in a position to support the Regulation, which nevertheless was adopted. Some progress was made in that a derogation to allow mechanised jigging and handlining for mackerel and pollack was secured.

The EU Commission has now brought forward a new proposal to extend transitional technical measures for the period to 1 January 2013. The measures involve a roll over of the current measures for Area VIa. Minister Connick is currently consulting industry representatives on the proposal and will be setting out the amendments being sought, taking account of the industry concerns and scientific advice.