Clare Daly (Dublin Fingal, Independent)
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1031. To ask the Minister for Agriculture, Food and the Marine the rules governing the import of live lobsters. [10076/16]

Clare Daly (Dublin Fingal, Independent)
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1032. To ask the Minister for Agriculture, Food and the Marine the controls in place to prevent the release of live imported lobsters into Irish waters. [10077/16]

Michael Creed (Cork North West, Fine Gael)
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I propose to take Questions Nos. 1031 and 1032 together.

Fish or fishery products coming from a non EU country, excluding Norway, Iceland and Switzerland, must go through an approved Border Inspection Post at the first point of entry into the EU.  Health checks at the posts are carried out by official veterinarians of the Department.  The identity and documentation of all products are checked at the first point of entry into the EU and some products are checked physically.

In order to import fish or fishery products into Ireland from a non EU country the person who wishes to import fish/fishery products is required to register with the Sea Fisheries Protection Authority (SFPA).  The SFPA and the Border Inspection Posts operate an agreed sampling plan, which is reviewed annually, to ensure that they meet the EU criteria with respect to potential contaminants, and for the presence of any medical residues or where there is concern that the product may not be fit for human consumption.  In accordance with EU regulations, the plan is based upon the nature of the products and the risk they represent, taking into account all relevant monitoring parameters such as frequency and number of incoming consignments and results of previous monitoring.

The SFPA was set up by the Oireachtas under the Sea-Fisheries and Maritime Jurisdiction Act 2006 as the independent Authority for the implementation of sea-fisheries and seafood law from boat up to but excluding retail level (on fishing vessels, in shellfish production areas, in establishments handling preparing and processing seafood).  The outcomes of the monitoring procedures are an operational matter for the SFPA in which the Department has no direct role.

 Controls on the release of non-native species are a matter for the Minister for Regional Development, Rural Affairs, Arts & the Gaeltacht.

In terms of disease control for fish or aquaculture animals, EU certification requirements in relation to these animals apply as follows:

- Commission Regulation 1250/2008 – requirements for the import of fishery products, live bivalve molluscs, echinoderms, tunicates and marine gastropods intended for human consumption or

- Commission Regulation 1251/2008 – conditions and certification requirements for placing on the market and the import into the Community of aquaculture animals and products thereof and laying down a list of vector species .

In these circumstances any aquaculture animals coming in from the US for human consumption or for further farming would come with a certificate issued in line with the relevant regulation. If the relevant certificates were not in place, the animals would be rejected by staff at the BIP. There are presently no aquaculture farms for crustaceans in Ireland.