Pádraig Mac Lochlainn (Donegal, Sinn Fein)
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753. To ask the Minister for Agriculture, Food and the Marine if he will provide a written statement with an update on his plans to ban fishing vessels of a certain size from fishing within the Irish 6nm limit. [14653/23]

Charlie McConalogue (Donegal, Fianna Fail)
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As the Deputy is aware, in December 2018, following a public consultation process, the Minister announced that vessels over 18 metres would be excluded from trawling in inshore waters inside the six nautical mile zone and the baselines from 1 January 2020. A transition period of three years was allowed for vessels over 18 metres targeting sprat to enable adjustment for these vessels, as the sprat fishery is concentrated inside the six nautical mile zone.

A Policy Directive was issued by the Minister to the independent Licensing Authority to give effect to these measures.

A Judicial Review to the High Court was taken by two applicant fishers challenging the validity of the Policy. On 6th October 2020, the High Court held in summary that the Court’s final order should be, among other matters, a declaration that Policy Directive 1 of 2019 was made in breach of fair procedures and is void and/or of no legal effect.

I appealed the decision of the High Court to the Court of Appeal. While the Court of Appeal issued an unapproved judgment on July 19^th, 2022 which was substantially in the State’s favour, it required further submissions from both parties.

As the Deputy is also aware, the Court of Appeal issued a final judgment on 10th March last, stating that the applicant fishers were successful on ‘the narrowest of grounds’.

I am currently consulting with legal advisors to consider the implications of the judgment and the possible next steps.

Pádraig Mac Lochlainn (Donegal, Sinn Fein)
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754. To ask the Minister for Agriculture, Food and the Marine if he will confirm that the following super trawlers (details supplied) all owned by the Dutch corporation, have recently been fishing in the Irish EEZ with quota allocated under the Common Fisheries Policy; the amount of pelagic quota that these vessels have been allocated both within the Irish EEZ and throughout the waters across Europe, under the jurisdiction of the Common Fisheries Policy. [14654/23]

Charlie McConalogue (Donegal, Fianna Fail)
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The Common Fisheries Policy (CFP) is a set of rules for managing European fishing fleets and for conserving fish stocks. Under this policy, EU fishing fleets are given equal access to EU waters and fishing grounds subject to allocated fish quotas. Fishing vessels, irrespective of size, must comply with the rules of the CFP, including rules on access and catch limits/quota.

In relation to access to Irish coastal waters, all foreign fishing vessels, on the north-west coast, are excluded from Ireland's 12 mile fishing zone, other than for transit purposes. All foreign pelagic fishing vessels are also precluded from fishing in Ireland's 12 mile fishing zone on the west coast. Irish fishing vessels greater than or equal to 36.58m (120 feet) in length are also precluded from fishing in Ireland's 12 mile zone.

Quotas for the various stocks are allocated for management areas - that is, an ICES (International Council for the Exploration of the Seas) area or a part thereof - and not Member States' EEZs. Generally, most stock areas straddle more than one EEZ area. These stock areas can include Member States' EEZs, third countries' EEZs and international waters.

The details of the stocks for which Ireland and other Member States have quota in the relevant management areas are set out in the TAC and Quota Regulation each year. It is a matter for each Member State to decide how its national quota is allocated to vessels in its fleet. My Department does not have access to the individual quota allocations of non-Irish vessels.

Ireland's control authorities, the Sea Fisheries Protection Authority (SFPA) and the Naval Service, are responsible for the monitoring and control of fishing vessels, including large fishing vessels targeting pelagic stocks, in our Exclusive Fisheries Zone to ensure compliance with the rules of the CFP. Under the Sea Fisheries and Maritime Jurisdiction Act 2006, all operational issues of this nature concerning sea-fisheries control are, as a matter of law, exclusively for the SFPA and the Naval Service and I am expressly precluded from getting involved in operational matters.