Michael Collins (Cork South West, Independent)
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399. To ask the Minister for Agriculture, Food and the Marine the steps he is taking to ban super trawlers from Irish waters; and if he will put an emergency measure in place such as putting permanent observers on board super trawlers while in Irish waters. [38348/16]

Michael Creed (Cork North West, Fine Gael)
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Under Regulation (EU) No 1380/2013 (the CFP 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, 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. Under the Voisinage arrangement Northern Ireland vessels were given access in respect of the six mile fishing zone. However, in light of the recent Supreme Court judgement on this matter, access for Northern Ireland vessels is not currently provided for in domestic law.

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 15 m 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 (the state in which the vessel is registered) 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.