Holly Cairns (Cork South West, Social Democrats)
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731. To ask the Minister for Agriculture, Food and the Marine the steps he is taking to address the use of 100 mm mesh gill nets for hake in Irish waters. [47500/21]

Charlie McConalogue (Donegal, Fianna Fail)
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In 2002, Commission Regulation (EC) No 494/2002 introduced a number of technical measures to aid in the recovery of the Hake stock. Technical measures are rules on how, where and when fishers may fish and also include gear, catch composition and ways to deal with accidental catches. The technical measures introduced by the 2002 Regulation include minimum mesh sizes applicable in an area of the waters to the west and south of Ireland known as the "Hake Box". These requirements are that, within the Hake Box, the minimum mesh size for towed gear is 100mm and the minimum mesh size for static gear (such as gillnets, trammel nets and entangling nets) is 120mm. This Regulation, including the mesh size provisions, remain in force.

The Technical Measures Regulation, Regulation (EU) 2019/1241 of the European Parliament and of the Council, sets out a baseline mesh size of 120mm for static nets in the North Western Waters area - which includes the waters around Ireland and fishing for hake. Regulation (EU) 2019/1241 provides for a derogation from this minimum mesh size in the case of directed fishing for hake with static nets in certain areas. This includes the waters to the north-west, west and south of Ireland (ICES areas 5b, 6a, 6b, 7b, 7c, 7h, 7j and 7k). The derogation within the Technical Measures Regulation permits the use of bottom set gillnets of at least 100mm for directed fishing for hake in waters with a charted depth of between 200m and 600m. This derogation was introduced in 2006 at the request of Spain and France and includes limits on the length of gear that can be used and the length of time the gear can be left in the water, as well as the mesh size provisions. The Hake Box defined in Commission Regulation (EC) No 492/2002 overlaps this area to the south and south-west of Ireland and this has created confusion over whether the 100mm mesh size derogation is applicable within the Hake Box.

Following clarification received by the European Commission, the derogation to use 100mm does not apply within the Hake Box. Therefore, in those areas within the hake box where the depth is greater than 200m, static nets of 120mm mesh size must be used. To change these provisions would require the full agreement of the North western waters member states whereby under the CFP, Member States with a fisheries interest in a given sea basin can agree on regional technical measures, adapted to the specific regional circumstances and these maybe adopted as EU secondary legislation.

Ireland would not support any changes that reduce mesh sizes as indicated in the Programme for Government, where there is a clear ambition to provide the greatest protection for fish stocks and ensure a sustainable hake fishery in the longer-term.