James Bannon (Longford-Westmeath, Fine Gael)
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Question 357: To ask the Minister for Communications, Energy and Natural Resources if there is any current proposal to amend the derogation for eel fishing on the Inny River or the Shannon waterway; if he will provide an update regarding the EU position; and if he will make a statement on the matter. [9390/11]

James Bannon (Longford-Westmeath, Fine Gael)
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Question 358: To ask the Minister for Communications, Energy and Natural Resources the reason for the lack of knowledge and expertise that allowed the eel mortality rate to continue unchecked due to the impact of hydroelectric power stations until action was forced by EU regulations; and if he will make a statement on the matter. [9391/11]

James Bannon (Longford-Westmeath, Fine Gael)
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Question 359: To ask the Minister for Communications, Energy and Natural Resources his view on whether those engaged in the traditional occupation of eel fishing have been forced to bear the brunt of mismanagement of eel supplies and are now paying the price due to withdrawal of eel fishing licences and other prohibitions; and if he will make a statement on the matter. [9392/11]

James Bannon (Longford-Westmeath, Fine Gael)
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Question 360: To ask the Minister for Communications, Energy and Natural Resources his plans to set up a compensation fund for those who have been denied the right to engage in eel fishing over the past two years; and if he will make a statement on the matter. [9393/11]

Pat Rabbitte (Dublin South West, Labour)
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I propose to take Questions Nos. 357 to 360, inclusive, together.

Scientific advice issued by the International Council for the Exploration of the Sea (ICES) indicated that the European eel fish stock is so depleted that it is now outside safe biological limits. It advised that a recovery plan be developed for the whole stock of European eel and that exploitation and other human activities affecting the stock be reduced to as close to zero as possible. The Deputy will be aware that in this context the European Council Regulation No.1100/2007 established measures for the recovery of the stock of European eel.

In 2009 Ireland's Eel Management Plan was approved by the Commission in compliance with Regulation No.1100/2007. Given the critical status of the eel stock, as demonstrated in the assessment contained in the Eel Management Plan, a number of management measures were identified as necessary to reach the targets set in the regulation. These are: closure of the commercial and recreational eel fishery, mitigation of the impact of hydropower, including a comprehensive silver eel trap and transport plan, ensuring upstream migration of juvenile eel at barriers and improving water quality, including fish health and bio-security issues.

Two bye-laws were introduced in May 2009 to give effect to the National Eel Management Plan put in place to protect our dwindling eel stocks. These closed the commercial and recreational eel fishery until June 2012. Under the Regulation, all aspects of the Plan must be reviewed in 2012. This review will consider, inter alia, whether the eel fishery and market could be reopened in any River Basin District in light of the data gathered in the interim and the performance of stocks. At that stage, the bye-laws which were introduced to close the commercial and recreational eel fishery until June 2012 will be reviewed. However, when the last 20 years of poor recruitment is taken into account, it is likely that the adult eel stock in Irish waters will continue to decline for at least the next decade.

Barriers to migration in river systems are one of the several factors causing the decline in the eel population. Other factors include fishing, habitat loss, predation, parasites and pollution. Silver eel escapement at hydropower stations is seen as critical in the attainment of the recovery of the stock. ESB is actively involved in the implementation of the National Eel Management Plan management measure to mitigate the impact of hydropower through its operation of a comprehensive silver eel "trap and transport" programme. In tandem ESB will continue to explore longer-term engineering solutions to facilitate eel passage.

There is no property right attaching to public eel licences and consequently the issue of compensation is not relevant or appropriate, given that the closure of the fishery is being applied for conservation reasons under the Fisheries Acts. I have no funds at my disposal for a hardship fund for commercial eel fishermen. I understand a number of former eel fishermen are engaged by ESB to undertake trap and transport operations.