Marian Harkin (Sligo-Leitrim, Independent)
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2467. To ask the Minister for Agriculture, Food and the Marine if he will introduce either a non-transferable transitional licence or a landing permit to Irish domiciled fishermen that have Northern Ireland or UK licences (details supplied); and if he will make a statement on the matter. [18643/21]

Charlie McConalogue (Donegal, Fianna Fail)
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I would advise the Deputy that the Fisheries (Amendment) Act 2003 transferred the functions of sea-fishing boat licensing 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. The Licensing Authority is the Registrar General of Fishing Boats, an official of the Department of Agriculture, Food and the Marine or, under the superintendence of the Registrar General, the Deputy Registrar General of Fishing Boats. 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.

The licensing and registration of Irish sea-fishing boats is in accordance with National and EU legislation and Policy Directives issued by the Minister. If a vessel is already licensed and registered as a fishing vessel in another jurisdiction - be that another EU Member State or Third Country - it must be removed from that register and relinquish its existing licence before it can be licensed and registered as an Irish sea-fishing vessel. In order to be licensed and registered on the Irish Fishing boat Register, a vessel must comply with the EU and national rules for licensing of a fishing vessel including meeting safety standards and providing replacement capacity in terms of tonnage (GT) and engine power (killowatts).

In January 2021, five additional ports were designated for landings by UK registered Northern Ireland vessels, three of these, Greencastle, Rathmullen and Burtonport are located in Donegal. Along with Ros a Mhíl and Howth, these five ports join Killybegs and Castletownbere which continue to be designated for landings from vessels of any third country origin. These ports are now operational for landings from Northern Ireland vessels under SI 37 of 2021.

Any UK-Northern Ireland registered boats landing into any of the seven Irish ports will have to comply with additional documentary and procedural requirements as a result of the changes brought about due to the UK's withdrawal from the EU. Designation of ports is within the State’s authority, but all requirements and protocols are subject to EU and international law and must be strictly adhered to gain entry to ports.

The designation of extra ports is an important decision which will allow fishers in small vessels to continue landing into Irish ports following Brexit. It is important now, more than ever, to support our fishers and fishing communities. The SFPA has undertaken significant work in putting in place the arrangements necessary to provide for these additional port designations and I am glad that the outcome will mean that many of those fishers will have now the capacity to access a number of additional ports.

There are significant practical and cost implications for the State in the designation of EU ports for Third Country landings as, 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.

The issue of the future designation of further ports will be kept under review. I can also assure the Deputy that the current opening times and days for the ports designated were decided to allow for Northern Ireland registered vessels to continue to land into Irish ports, while ensuring that the SFPA has the capacity to continue to perform its vital control functions effectively.

I would also like to reassure the Deputy that the designation of ports for landings does not preclude vessels from coming into ports for force majeure reasons such as safe harbour.