Brendan Griffin (Kerry, Fine Gael)
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237. To ask the Minister for Agriculture, Food and the Marine if he will consider changes to the rules on the removal of capacity from individuals if they have been unable to reinstate it on the fishing register within 24 months of being deregistered considering the difficulties imposed by Covid-19 on contacting Bord Iascaigh Mhara and the Sea Fishing Boat Licensing Authority; his views on the request from fishermen that those that have lost capacity during the pandemic would have it reinstated; and if he will make a statement on the matter. [32180/21]

Charlie McConalogue (Donegal, Fianna Fail)
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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.

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.

Under Policy Directive 2/2003, capacity taken off the Fishing Boat Register must be re-introduced on to the Register within two years of its removal, otherwise the entitlement is lost to its owner. This element of the Policy Directive is known informally as the "Two Year Rule" and has applied to off-Register capacity since 1st April 2004.

One of the main objectives of Policy Directive 2/2003 was to provide the tools for the effective management of capacity in order to comply with fleet capacity targets set down in EU fleet policy.

I am currently examining a recommendation from the Licensing Authority to remove the "Two Year Rule". Any proposal for a Policy Directive involves a formal procedure including a public consultation on the matter.

Michael Collins (Cork South West, Independent)
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238. To ask the Minister for Agriculture, Food and the Marine if any foreign fishing vessels landing a catch at Irish ports are being facilitated to avoid the weighting of fish at the pier requirement; and if he will make a statement on the matter. [32291/21]

Michael Collins (Cork South West, Independent)
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239. To ask the Minister for Agriculture, Food and the Marine the foreign fishing vessels that have landed fish at Irish piers and have been allowed to bypass the weighting of fish at the pier requirement since the requirement was introduced; the volume and species of fish involved; the name of the pier in each case; and if he will make a statement on the matter. [32292/21]

Charlie McConalogue (Donegal, Fianna Fail)
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I propose to take Questions Nos. 238 and 239 together.

Ireland has received a Commission Implementing Decision revoking the approval of the Irish control plan submitted for the weighing of fishery products in accordance with Article 61(1) of Council Regulation (EC) No 1224/2009.

It should be noted that the 2012 Control Plan, prior to its revocation, provided that the Irish authorities may have permitted fisheries products to be weighed by relevant operators after transport from the place of landing provided that they were transported to a destination on the territory of Ireland, as the Member State concerned.

I should advise the Deputy that the monitoring and control of fishing vessels within Ireland’s Exclusive Fisheries Zone are law enforcement matters for the Irish control authorities. Under the Sea Fisheries and Maritime Jurisdiction Act, 2006, all operational issues of this nature are exclusively for the Sea Fisheries Protection Authority (SFPA) and the Naval Service. I am expressly precluded from getting involved in operational matters such as those referred to by the Deputy.

However, in order to be of assistance to the Deputy, I have made enquiries of the SFPA and am advised that all vessels regardless of their nationality are required to weigh on landing prior to transport away from the landing site. There are two common control plans in place with other Member States; France and Belgium. These common control plans allow for fish to be transported to registered establishments prior to weighing in either France or Belgium. This applies to vessels from all Member States landing into Irish ports.

I have referred the Deputy's question requesting further operational details on this matter to the SFPA for attention and direct reply.