Written answers

Tuesday, 1 December 2015

Department of Agriculture, Food and the Marine

Fisheries Protection

Photo of Paul MurphyPaul Murphy (Dublin South West, Socialist Party)
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298. To ask the Minister for Agriculture, Food and the Marine if whales and dolphins in Ireland's 200 nautical-mile exclusive economic zone are adequately protected under the European Union habitats directive and national legislation, given the four super trawlers currently fishing in this area; and if observers from his Department or other State agencies are observing the impact of the super trawlers on whales and dolphins and their habitat; and if he will make a statement on the matter. [42958/15]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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In terms of Natura sites under the Birds and Habitat Directives, sites are designated by Ireland inside our 6 miles coastal zone and the freezer fleets do not have access to this zone. In addition, within the 6 to 12 miles zone access is restricted to the south coast. Ireland has designated Natura sites in off shore waters to protect vulnerable deep-sea habitats. This Department is not responsible for the designation of Natura sites.

Under the Common Fisheries Policy, Council Regulation (EC) No 812/2004 of 26/4/2004 sets down measures concerning incidental catches of cetaceans in fisheries. The Regulation requires that, inter alia, Member States design and implement monitoring schemes for incidental catches of cetaceans using observers on board the vessels flying their flag and with an overall length of 15m or more, for defined fisheries. The fisheries subject to this requirement includes pelagic fisheries.

The Regulation does not require that every vessel carries an observer and the Regulation puts the obligation on the Flag Member State to design and implement the scheme rather than the vessel or the coastal state in whose waters the fishing takes place. It is a matter of competence for the Flag Member State of the vessel concerned to ensure that observers are onboard where required under their national scheme. Ireland has submitted its Annual report for 2014 to the EU Commission in respect of the Irish fishing fleet.

Photo of Paul MurphyPaul Murphy (Dublin South West, Socialist Party)
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299. To ask the Minister for Agriculture, Food and the Marine if any super trawlers have been boarded for inspection by the Sea-Fisheries Protection Authority or by the Irish Naval Service this week; and if he will make a statement on the matter. [42959/15]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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Control of the vessel within Ireland’s Exclusive Fisheries Zone is a matter for the Irish control authorities who monitor fishing activity of all vessels operating the area. The Control authorities have on-going information in relation to the vessels operating in the Irish Exclusive Fisheries zone including their activities and characteristics. Under the Sea Fisheries and Maritime Jurisdiction Act, 2006, all operational issues of this nature concerning sea fisheries control are, as a matter of law, exclusively for the Sea Fisheries Protection Authority (SFPA) and the Naval Service. As Minister, I am precluded from getting involved in operational matters including in relation to law enforcement.

The SFPA has advised me that it actively monitors the activity of the large pelagic freezer trawlers within Irish Exclusive Fisheries Zone and that these vessels have now left the area.

The SFPA has monitored the movements of these vessels when they were in the EFZ through VMS and declared catches through ERS. In general terms it advised that its monitoring indicated particular compliance risks around vessels with entitlements for individual species of fish. This risk assessment had informed the SFPA’s identification of some of those vessels as a high priority for at-sea inspection, and aircraft surveillance.

The SFPA is reliant on the seagoing fishery patrol activity of the Naval Service to verify compliance of vessels not landing into Ireland. Boarding vessels of this size at sea creates specific challenges and during the period when the vessels were in the EFZ, the operational decision of the naval service has been that weather has been too severe.

In relation to the overall framework for fisheries control in the EU, in October 2009 a new regulation dealing with fisheries controls was adopted. Council Regulation 1224/2009 establishes a Community control system for ensuring compliance with the rules of the common fisheries policy. Control and inspection is now focused where it is most effective through an approach based on systematic risk analysis. Inspection procedures are standardised and harmonised for all stages in the market chain, including transport and marketing. The Control Regulations were introduced so that there is a common EU level playing field and to provide for an effective range of controls across EU waters.

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