Thomas Pringle (Donegal, Independent)
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20. To ask the Minister for Agriculture, Food and the Marine the measures he will put in place to ensure fishing gear belonging to crab and lobster fishermen is not towed away by foreign factory trawlers off the west coast, as happened in 2015; and if he will make a statement on the matter. [32190/16]

Michael Creed (Cork North West, Fine Gael)
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Under Regulation (EU) No 1380/2013 (the Common Fisheries Policy basic regulation), changes to fisheries policy involving access or restriction to fishing opportunities or fishing areas come within the sole competency of the EU.  Only the EU Commission may propose changes and any such proposal must be adopted under the co-decision process by the EU Parliament and EU Council.  Member States, in consultation with the Commission, Member States affected and stakeholders are permitted to introduce non-discriminatory measures for the conservation and management of fish stocks within the 12 mile zone subject to compliance with policy and procedures set down in CFP Regulation.  However, access to the 12 mile zone is set down in the CFP Regulation and may not be changed by an individual Member State.

All foreign fishing vessels, on the north-west coast, other than Northern Ireland vessels in respect of the 6 mile fishing zone, are precluded from Ireland's 12 mile fishing zone, other than for transit purposes and all foreign pelagic fishing vessels, including pelagic factory vessels, are also precluded from Ireland's 12 mile fishing zone on  the west coast.  In addition,  Irish fishing vessels equal to or greater than 36.58 m (120 ft)  in length, are precluded from Ireland's 12 mile zone.

The monitoring and control of fishing vessels within Ireland's Exclusive Fisheries Zone are matters for the Irish control authorities.  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 and the Naval Service.  As Minister I am precluded from getting involved in operational matters including in relation to law enforcement. 

The SFPA and the Naval Service through the Fisheries Monitoring Centre have monitored the movements of these vessels when in our Exclusive Fisheries Zone, using the Vessel Monitoring System Automatic Identification System and declared catches through Electronic Reporting System. The SFPA is reliant on the seagoing fishery patrol activity of the Naval Service to verify compliance of vessels not landing into Ireland.