Written answers

Wednesday, 13 January 2021

Department of Agriculture, Food and the Marine

Fishing Industry

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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1168. To ask the Minister for Agriculture, Food and the Marine the details of the Brexit fishing deal; the amount of quota that has been forfeited by each of the remaining EU members as part of the deal in absolute terms and as a proportion of their total EU fishing quota; the impact this will have on the Irish fishing industry; and if he will make a statement on the matter. [1558/21]

Photo of Charlie McConalogueCharlie McConalogue (Donegal, Fianna Fail)
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This week, my Department has published a Preliminary Analysis of Transfers of Quota Shares under the EU/UK Trade and Cooperation Agreement from Ireland/EU to the UK on the gov.ie website which details the level of quota transfers for Ireland across the different stocks.

This includes the estimated quota transfer relative to total quota for other Member States. The Deputy will see from this document that reductions in the Annexes to the Agreement are graduated over the 5.5 year period of reciprocal access, but the largest part of the reduction for Ireland, 60%, is between 2020 and 2021.

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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1171. To ask the Minister for Agriculture, Food and the Marine if compensation will be given to boats that traditionally fished in UK waters and have not been given this permission since 1 January 2021, in view of the serious loss of income; and if he will make a statement on the matter. [1561/21]

Photo of Charlie McConalogueCharlie McConalogue (Donegal, Fianna Fail)
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Within the terms of the Trade and Cooperation Agreement between the EU and UK, access arrangements are set out in Article 8 - Fish. This Article sets out: provided that TACs have been agreed, each Party shall grant vessels of the other Party access to fish in its waters in the relevant ICES sub-areas that year. Access shall be granted at a level and on conditions determined in those annual consultations. In relation to the main access arrangements, the Agreement also provides that the outcome of the consultations should normally result in each Party granting:

(a) access to fish stocks listed in the Annex to the Agreement - these are the stocks that are shared between the EU and UK subject to at a level that is reasonably commensurate with the parties respective shares of the TACs;

(b) access to fish non- quota stocks in each others EEZ's at a level that at least equates to the average tonnage fished by that Party in the waters of the other Party during the period 2012-2016; and

(c) access to waters of the Parties between 6 and 12nm in ICES divisions 4c (southern North Sea and 7d-g (English Channel, south - west coast of England and part of south - east coast of Ireland) to the extent that Union fishing vessels and UK fishing vessels had access to these waters on 31 December 2020.

I have asked my Department to work to ensure that fishing vessels which traditionally fished in UK waters will be granted such access and on this basis vessel operators will not be disadvantaged.

While authorisation for access for all licensed and registered fishing vessels has been sought from the UK authorities, at this time approval has been granted to tranches of fishing vessels which have been identified as requiring such access.

The UK Authorities authorised access on a staged basis initially on 31 December for 141 vessels which were identified, in consultation with the Producer Organisations, taking into account vessels that were most likely to fish in the first week of January.

Since the 31st December 2020, two further lists of Irish vessels have been sent to the Commission to request authorisation, by the UK authorities, for these vessels to fish in the 12- 200 nm UK EEZ based on licence holders who contacted the Department seeking such access and those that had fished in UK waters in 2019 or 2020 based on relevant records. A further 48 vessels have now been authorised by the UK authorities and the Department has been advised by the Commission that the second list of 20 vessels has already been transmitted to the UK authorities and is hoping to hear shortly regarding the status of this request. The Department is considering how smaller fishing vessels that do not have a Vessel Monitoring System to record activity may be appropriately identified and will be consulting the National Inshore Fisheries Forum in that regard.

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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1172. To ask the Minister for Agriculture, Food and the Marine if he will provide the percentage of EU fishing waters that were made up of Irish fishing waters around our coast prior to 1 January 2021, in tabular form; the percentage of EU fishing waters that are now, after Brexit, made up of Irish fishing waters around our coast; the effect this will have on our fishing industry; and if he will make a statement on the matter. [1562/21]

Photo of Charlie McConalogueCharlie McConalogue (Donegal, Fianna Fail)
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Ireland's percentage of the EU EEZ (excluding overseas territories) prior to the 1 January 2021 was 10%. It has now increased to 12%.

As the Deputy will be aware, Fisheries was one of the most difficult areas of the negotiations. Under the EU-UK Trade and Cooperation Agreement, EU fishing vessels will continue to have the current level of access to UK waters at least until 2026.

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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1173. To ask the Minister for Agriculture, Food and the Marine if he will provide the percentage of the EU catch of fish allocated to Ireland by way of quota or otherwise in 2020, in tabular form; the percentage that will now be available to Ireland in 2021, after Brexit; the estimated volume and value in each case; and if he will make a statement on the matter. [1563/21]

Photo of Charlie McConalogueCharlie McConalogue (Donegal, Fianna Fail)
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The EU-UK Trade and Cooperation Agreement will, unfortunately, have a negative impact on our fishing industry. However, this impact would have been far greater had the Barnier Task Force agreed to UK demands or had we been in a no-deal scenario which would have seen all EU vessels barred from UK waters and subsequent displacement into Ireland's fishing zone.

This week, I published a Preliminary Analysis of Transfers of Quota Shares from Ireland / EU to the UK under the EU/UK Trade and Cooperation Agreement on the gov.ie website which details the level of quota transfers for Ireland across the different stocks. This compares the quota shares allocated to Ireland in 2020 and the corresponding new quota shares for 2021-2016. The Deputy will see from this document that reductions in the Annexes to the Agreement are graduated over the 5.5 year period of reciprocal access, but the largest part of the reduction, 60%, is between 2020 and 2021.

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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1174. To ask the Minister for Agriculture, Food and the Marine if he will seek an immediate review of the EU Common Fisheries Policy, post Brexit, to better reflect the percentage of each remaining member states contribution to the EU fishing waters and to address the historic wrong done to Ireland in the Common Fisheries Policy to date, particularly as an island nation; and if he will make a statement on the matter. [1564/21]

Photo of Charlie McConalogueCharlie McConalogue (Donegal, Fianna Fail)
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Ireland’s goals for sustainable fisheries are supported through the Common Fisheries Policy (CFP). The CFP provides the framework for the long term conservation and sustainability of fish stocks and is designed to ensure the long term sustainability of fishing in Ireland and throughout EU waters. The CFP utilises the best scientific advice as a key determinant in setting annual fishing quotas.

The CFP is reviewed every 10 years and the next review is scheduled to be completed by 31 December 2022 when the European Commission will report to the European Parliament and the Council on the functioning of the CFP. The EU Commission has advised that it intends to commence the Common Fisheries Policy review process following clarity on the future relationship between the EU and the UK. The review is expected to be detailed and comprehensive. At EU level, it is expected that all stakeholders will have an opportunity to engage actively in the review work including the fishing industry, eNGOs and Member States.

The share allocation of stocks between Member States was established as a principle of the first CFP in 1983 and was based on the average catch of each Member State over a period of reference years (track record). The only exception to this relates to the Hague Preferences, on the basis of a special recognition agreement of the underdeveloped nature of the Irish fleet and the heavy control responsibility on us when Ireland joined the EU. The Hague Preferences give Ireland an increased share of traditional stocks (cod, whiting, haddock, sole and plaice) when Total Allowable Catch (TAC) levels reduce below a specified level.

Any change to the existing system of quota allocations would require a majority of Member States to agree under the qualified majority voting system. This would require other Member States to give up existing quota shares. Any change to relative stability would involve a loss for some other Member States and therefore poses particular challenges in a qualified majority voting context.

I will consider how Ireland will prepare for and participate actively and effectively in the upcoming review of the CFP, including the interaction with stakeholders, to prepare Ireland's case and identify priorities. I have previously stated that I am committed to doing all possible through the review of the CFP to secure additional quota where possible for Irish fishers. The Programme for Government sets down an ambitious programme of actions that promote a sustainable seafood industry and we are committed to working to continue to build on the progress that has been made to secure a sustainable future for our fishing industry and the coastal communities which depend upon it.

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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1175. To ask the Minister for Agriculture, Food and the Marine if, in view of the changes brought about by Brexit, he plans designating extra ports for landing fish from boats registered outside the EU to facilitate boats owned by Irish fishermen, North and South, but registered in Northern Ireland land at ports other than Killybegs and Castletownbere, which are the only ports designated for this purpose at this point in time; if he has considered the risk of not having extra ports designated in the context of smaller boats having to steam numerous hours at sea to land at a designated port; the analysis that has been done on the possible carbon footprint saving on designating extra ports; and if he will make a statement on the matter. [1565/21]

Photo of Charlie McConalogueCharlie McConalogue (Donegal, Fianna Fail)
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As the Deputy will be aware, from 1 January 2021, the United Kingdom has become a Third Country and therefore subject to Illegal, Unregulated and Unreported (IUU) legislation and North East Atlantic Fisheries Commission (NEAFC) requirements. Castletownbere and Killybegs are currently the Irish ports designated for Third Country landings of fish for both IUU and NEAFC purposes which includes NI/ UK vessels. UK fishing vessels, including Northern Ireland vessels, have had a pattern of landings into many Irish ports prior to the UK leaving the EU.

Up until the conclusion of an agreement on the future relationship between the EU and the UK on Christmas Eve, it remained unclear whether NI vessels that had access to Irish waters would continue to have access rights given that, in a no-Deal scenario, access of UK vessels to EU waters and EU vessels to UK waters would not be possible.

There are significant practical and cost implications for the State in the designation of EU ports for Third Country landings because under EU Regulations such designations represent an entry point to the European Union following which food is free to circulate within the full EU common market. On this basis for any ports designated, Ireland is obliged to ensure that it has in place a meaningful control presence. I have requested the SFPA to review the costs and resource demands arising in the event of further designations.

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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1176. To ask the Minister for Agriculture, Food and the Marine if boats registered in Northern Ireland are categorised as non-EU boats in relation to the requirement for non-EU boats to land fish at designated ports; if he will outline his reply in the context of the Good Friday Agreement and Northern Ireland protocol in terms of citizenship rights of persons living on this island; and if he will make a statement on the matter. [1566/21]

Photo of Charlie McConalogueCharlie McConalogue (Donegal, Fianna Fail)
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UK, including Northern Ireland, registered fishing vessels are now considered Third Country vessels under EU law for the purposes of EU regulations to combat illegal fishing, known as Illegal, Unreported and Unregulated (IUU), regulations and North East Atlantic Fisheries Commission (NEAFC) requirements. As an EU Member State, Ireland must uphold its obligations under the IUU regulations and NEAFC, including in respect of Third Country vessels.

Under IUU regulations, third country vessels must land in ports specifically designated for IUU checks. In Ireland, there are currently two designated ports - these are Killybegs and Castletownbere. These ports have also been designated under NEAFC requirements. This means that Northern Ireland-registered fishing vessels must land their vessels at one of these ports. Under the terms of the Protocol on Ireland/Northern Ireland, fish landed by Northern Ireland-registered vessels do not need to undergo SPS checks.

UK fishing vessels, including Northern Ireland vessels, have had a pattern of landings into many Irish ports prior to the UK leaving the EU. There are significant practical and cost implications for the State in the designation of EU ports for Third Country landings because under EU Regulations such designations represent an entry point to the European Union following which food is free to circulate within the full EU common market. On this basis for any ports designated, Ireland is obliged to ensure that it has in place a meaningful control presence. I have requested the SFPA to review the costs and resource demands arising in the event of further designations.

With regard to the Good Friday Agreement, which is explicitly recognised in the Protocol, the Deputy will be aware that the citizenship and identity provisions of this Agreement include an explicit right of the people of Northern Ireland to identify themselves, and be accepted, as Irish or British, or both. However, these provisions do not affect how Northern Ireland-registered fishing vessels are treated under EU law.

The Government remains committed to ensuring that the citizenship and identity provisions of the Good Friday Agreement are upheld in all relevant areas, as they relate to the people of Northern Ireland.

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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1177. To ask the Minister for Agriculture, Food and the Marine the number of registered boats in the Irish fishing register; the number of these also registered with a producer group; the method by which consultation is carried out with boat owners not registered with a producer group; and if he will make a statement on the matter. [1567/21]

Photo of Charlie McConalogueCharlie McConalogue (Donegal, Fianna Fail)
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The Registrar General of Fishing Boats informs me that the Irish fishing fleet comprised 1,998 registered vessels at year end on 31 December 2020.

The Department would not be aware of the number of vessel owners who are members of a Producer Organisation.

Consultation with Industry in respect of the management of Ireland’s fishing quotas is carried out via the Quota Management Advisory Committee. The Quota Management Advisory Committee (QMAC) is a formal consultative committee, involving fishing industry representatives from the catching and processing sectors, which exists at the discretion of the Minister for Agriculture, Food and the Marine. The Committee is currently composed of:

- One representative from each of the 4 Producer Organisations:

- One representative from the Irish Fish Processors and Exporters Association;

- One representative from the National Inshore Fisheries Forum;

- One representative from the Co-Operative group.

- Representatives from the Department of Agriculture, Food and the Marine (including a Departmental official acting as Chairperson);

- Representatives from the Sea Fisheries Protection Authority to provide data on quota uptake;

The QMAC currently meets on a monthly basis. The purpose of these meetings is to make recommendations to the Minister on monthly/bimonthly/quarterly regimes for particular stocks and, as far as possible, the Minister follows their recommendations for regimes for particular stocks, subject to the proper management and rational exploitation of our fisheries.

Additional meetings are organised as required to discuss specific issues in particular fisheries that may arise. In addition, the Department regularly consult the Committee on ongoing issues, by email, throughout the year.

In recognition of the fact that many smaller vessels were not members of producer organisations, in

2014, the Inshore Fisheries Forum initiative was established to provide a platform for engagement with those primarily involved in the inshore fisheries sector. As Minister, I meet with the National Inshore Fisheries Forum, which represents a wider network of 6 Regional Inshore Fisheries Forum.

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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1178. To ask the Minister for Agriculture, Food and the Marine the number of boats recommended by his Department for permission to fish for prawns in the revised list sought by the EU for this purpose, by port of origin; the total number of Irish registered boats that traditionally fished for prawns in UK waters, broken down on the same basis; the method by which they were selected; and if he will make a statement on the matter. [1568/21]

Photo of Charlie McConalogueCharlie McConalogue (Donegal, Fianna Fail)
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Within the terms of the Trade and Cooperation Agreement between the EU and UK, access arrangements are set out in Article 8. This Article sets out: provided that TACs have been agreed, each Party shall grant vessels of the other Party access to fish in its waters in the relevant ICES sub-areas that year. Access shall be granted at a level and on conditions determined in those annual consultations. In relation to the main access arrangements, the Agreement also provides that the outcome of the consultations should normally result in each Party granting:

(a) access to fish stocks listed in the Annex to the Agreement - these are the stocks that are shared between the EU and UK subject to at a level that is reasonably commensurate with the parties respective shares of the TACs;

(b) access to fish non- quota stocks in each others EEZ's at a level that at least equates to the average tonnage fished by that Party in the waters of the other Party during the period 2012-2016; and

(c) access to waters of the Parties between 6 and 12nm in ICES divisions 4c (southern North Sea and 7d-g (English Channel, south-west coast of England and part of south - east coast of Ireland) to the extent that Union fishing vessels and UK fishing vessels had access to these waters on 31 December 2020.

I have asked my Department to work to ensure that fishing vessels which traditionally fished in UK waters will be granted such access by the UK authorities.

While authorisation for access for all licensed and registered fishing vessels has been sought from the UK authorities, at this time approval has been granted to tranches of fishing vessels which have been identified as requiring such access.

The UK Authorities authorised access on a staged basis initially on 31 December for 141 vessels which were identified, in consultation with the Producer Organisations, taking into account vessels that were most likely to fish in the first week of January. The vessels were identified in the days before the end of the year taking into account the Department's understanding of the fisheries and in consultation with the four Producer Organisations (Killybegs Fishermen's Organisation, Irish Fish Producers Organisation, Irish South & East Fish Producers Organisation and the Irish South & West Fish Producers Organisation).

In relation to vessels targeting mackerel in the RSW Pelagic segment and in the Polyvalent segment, these were specifically identified because mackerel is fished only in UK waters at the start of the year. In addition for the first tranche of 141 vessels, I understand that the POs identified vessels in their organisations which they were aware of as likely to fish in the start of the year in UK waters.

A breakdown of the 141 vessels by Port of Registration as registered under the Merchant Shipping Acts 1894 to 2005 by the Department of Transport is provided in the following table (not within parentheses).

Furthermore, all vessels in the polyvalent segment may fish for a demersal quota stock and for any pelagic stock for which an authorisation for the fishery has been issued. There are 118 polyvalent vessels included in the list of 141 vessels. All of these 118 vessels can, therefore, fish for prawns under a catch limit set by the Minister. A breakdown of the 118 polyvalent vessels by Port of Registration as registered under the Merchant Shipping Acts 1894 to 2005 by the Department of Transport is provided in the table within parentheses.

Port of Registration - Name Number
Cork 8 (8)
Dublin 11 (4)
Drogheda 28 (28)
Galway 9 (6)
Skibbereen 33 (31)
Sligo 20 (9)
Tralee 4 (4)
Waterford 4 (4)
Wexford 24 (24)

The Department has requested from the SFPA a list of vessels showing activity consistent with fishing in the UK EFZ in calendar years 2019 and 2020. The response from the SFPA indicates of the order of 149 polyvalent vessels had activity consistent with fishing in UK EFZ in calendar years 2019 or 2020. All vessels in the polyvalent segment may fish for a demersal quota stock and for any pelagic stock for which an authorisation for the fishery has been issued. All of these 149 vessels could, therefore, have fished for prawns under a catch limit set by the Minister in 2019 or 2020. The SFPA has indicated there are other vessels that require further investigation that may be added at a later date. A breakdown of these 149 polyvalent vessels by Port of Registration as registered under the Merchant Shipping Acts 1894 to 2005 by the Department of Transport is provided in the following table.

Port of Registration - Name Number
Cork 7
Dublin 8
Drogheda 32
Galway 11
Skibbereen 36
Sligo 18
Tralee 4
Waterford 7
Wexford 26

Since the 31st December 2020, two further lists of Irish vessels have been sent to the Commission to request authorisation, by the UK authorities, for these vessels to fish in the 12- 200 nm UK EEZ based on licence holders who contacted the Department seeking such access and those that had fished in UK waters in 2019 or 2020 based on relevant records. The list of vessels should ensure that vessels which fished for nephrops in UK waters have already been granted an authorisation or are included in the list for an authorisation submitted to the UK authorities, other than small vessels which are currently under consideration.

A further 48 vessels have now been authorised by the UK authorities and the Department has been advised by the Commission that the second list of 20 vessels has already been transmitted to the UK authorities and is hoping to hear shortly regarding the status of this request. The Department is considering how smaller fishing vessels that do not have a Vessel Monitoring System to record activity maybe appropriately identified and will be consulting the National Inshore Fisheries Forum in that regard.

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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1179. To ask the Minister for Agriculture, Food and the Marine if Brexit has brought about changes in the Voisinage fishing arrangement that existed up to now between Ireland and Northern Ireland; the details of these changes; and if he will make a statement on the matter. [1569/21]

Photo of Charlie McConalogueCharlie McConalogue (Donegal, Fianna Fail)
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The European Commission’s UK Task Force has advised that under the EU/UK Trade and Corporation Agreement the Voisinage arrangement, which allows Irish registered vessels access to 0-6nm zone in Northern Ireland and for NI vessels to fish in IRL 0-6nm zone, is valid.

The European Commission has further advised that because of the third country status of the UK (and NI), fishing in the Irish 0-6nm zone is now covered by the Sustainable Management of External Fishing Fleets Regulation (Regulation 2017/2403) and therefore NI vessels need to obtain an authorization in accordance with Article 34 of the SMEFF Regulation.

A response from the UK authorities is awaited in relation to the practical arrangements for Irish vessels to fish under the Voisinage arrangement and, in particular, if a UK authorisation is required.

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