Michael Healy-Rae (Kerry, Independent)
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191. To ask the Minister for Agriculture, Food and the Marine his views on the current 100% replacement capacity rule operated by his Department (details supplied); and if he will make a statement on the matter. [18661/16]

Michael Creed (Cork North West, Fine Gael)
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As the Deputy may be aware, under the Fisheries (Amendment) Act 2003, the functions of sea-fishing boat licensing were transferred from the Minister to the Licensing Authority for Sea-fishing Boats, which operates on an independent basis subject to criteria set out in that Act and Ministerial Policy Directives.  All applications for sea-fishing boat licences are considered by the Licensing Authority.

As Minister I have responsibility for policy in relation to sea-fishing boat licensing under Section 3(3) of the Fisheries (Amendment) Act 2003, as amended by Section 99 of the Sea Fisheries and Maritime Jurisdiction Act 2006.  In this context and, as referred to above, Section 3 of the Act makes provision for Ministerial Policy Directives to issue to the independent Licensing Authority for Sea-fishing Boats.  I am, however, precluded from exercising any power or control in relation to individual cases, or a group of cases, with which the Licensing Authority is or may be concerned under Section 3(5) of the 2003 Act.

In relation to policy, the 100% capacity rule referred to by the Deputy is laid down in Regulation (EU) 1380/2013 on the Common Fisheries Policy (CFP) which came into force on 1 January 2014 and which requires that the entry of new capacity into Member States’ fleets must be compensated by the previous withdrawal of at least the same amount of capacity.  This is known as the “Entry/Exit” regime.

Safety Tonnage was a provision of the previous Regulation (EC) 2371/2002 on the CFP, which allowed for an increase in the gross tonnage of a fishing vessel which was not subject to the “Entry/Exit Regime” referred to above, where the increase in gross tonnage resulted exclusively from modifications to improve safety on board, working conditions, hygiene or product quality but did not increase the fishing effort of the vessel.  As the Deputy is aware, there is no provision for Safety Tonnage in the current CFP Regulation, 1380/2013.  Therefore, any increases in vessel capacity (for whatever purpose) must be balanced with the provision of the equivalent amount of replacement capacity.

I have received proposals from a Producer Organisation (PO) in relation to replacement capacity for certain ring-fenced fisheries.  In summary, these proposals relate to the possibility of reducing the requirement to provide 100% replacement capacity with the relevant track record to 80% (the balance being sourced from capacity without track record).  The Deputy will appreciate that any amendments to current licensing policy such as these have to be carefully considered and analysed.  I am committed to examining these proposals in detail and, in this regard, Department officials are at present examining thoroughly the potential impacts of these proposals on fleet policy.  This process involves, inter alia, an evaluation and impact analysis and is ongoing currently.

Once the analysis is completed, my Department proposes to circulate a paper incorporating these proposals to POs for their views.  Depending on the views received from the POs, a decision will then be made on whether the matter goes to full consultation with all stakeholders.