Marian Harkin (Sligo-Leitrim, Independent)
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482. To ask the Minister for Agriculture, Food and the Marine if he will provide a timeframe for implementation of the legislation banning 18 m vessels within the six-nautical-mile zone; and if he will make a statement on the matter. [21266/23]

Charlie McConalogue (Donegal, Fianna Fail)
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As the Deputy may be aware, in December 2018, the Minister for Agriculture, Food and Marine 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 for vessels over 18 metres targeting sprat was allowed 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.

The decision to exclude vessels over 18 metres from trawling inside the six nautical miles has been the subject of extended legal proceedings following a Judicial Review to the High Court taken by two applicant fishermen challenging the validity of the Policy. This challenge was upheld by the Judge who 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 judgement on July 19th, 2022 which was substantially in the State’s favour, it required further submissions from both parties.

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. I am committed to the sustainability of fishing in Irish waters and the exclusion of vessels over 18 metres from trawling in the waters inside 6 nautical miles is in line with the commitment made in the Programme for Government.

Carol Nolan (Laois-Offaly, Independent)
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483. To ask the Minister for Agriculture, Food and the Marine if he will provide an update on proposals for a ploughing ban and regulations on the required use of minimum or no till cultivation techniques on carbon-rich soils; and if he will make a statement on the matter. [21295/23]

Charlie McConalogue (Donegal, Fianna Fail)
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Within the CAP Strategic Plan (CSP), the term conditionality refers to the legislative requirements and minimum standards that farmers in receipt of CAP payments must comply with in the period from 2023 to 2027. This replaces the so called “Cross Compliance” requirements in the previous CAP.

The conditionality requirements in the CSP are implemented using two mechanisms: Statutory Management Requirements (SMRs) and Good Agricultural and Environmental Condition (GAEC).

The main objective of GAEC 2 is the protection of carbon-rich soils, and this requires protection of wetland and peatland to be implemented within each Member State. Ireland has indicated in the CSP that this standard will apply from 2024.

As I previously indicated to the Deputy, my Department is working in conjunction with the European Commission’s Joint Research Centre to identify the relevant lands and to identify the appropriate means of protecting these carbon-rich soils.

Large quantities of carbon are stored in peatlands and wetlands, and certain agricultural practices (e.g. ploughing) may have a negative impact on such soils with regard to carbon storage. The minimum standards established for management under this GAEC will be aimed at minimising carbon loss from such soils. These will be considered further following the mapping and review process.

The GAEC 2 provisions will be subject to the agreement and approval of the European Commission, and Ireland's CSP will be amended when this process is completed.