Written answers
Tuesday, 5 November 2024
Department of Communications, Climate Action and Environment
Fisheries Protection
Mairéad Farrell (Galway West, Sinn Fein)
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126. To ask the Minister for Communications, Climate Action and Environment if the use by anglers of replica dead baits and-or dead bait imitation lures is allowed under the recently signed Waterford Fisheries District, (River Barrow) Angling Limitations during Salmon Spawning Run Bye-Law No. 1011, 2024; and if he will make a statement on the matter. [44557/24]
Eamon Ryan (Dublin Bay South, Green Party)
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As recently set out to the Deputy in my reply to Question 139 of 22 October 2024, the purpose of Waterford Fisheries District, (River Barrow) angling limitation during salmon spawning run Bye-Law No. 1011, 2024 is to prevent anglers catching pre-spawned salmon stocks during their migration to spawning grounds through the River Barrow system or returning kelts - during the months of January, October, November and December each year. Over a period of time, such fish have become the target of increased illegal fishing activity along this stretch of the River Barrow. Given the declining status of salmon generally and in the River Barrow in particular, it was critical that I made and introduced this byelaw as a necessary conservation, protection and management measure. This bye-law was introduced to afford an additional protection measure to salmon by prohibiting angling, other than angling with dead bait. It was deemed that dead baiting is unlikely to target accidental catching of salmon.
All artificial bait is prohibited under this Bye-law. Artificial or replica dead baits and dead bait imitation lures are designed as lures, and therefore, are prohibited as they may be attractive to salmon.
Mairéad Farrell (Galway West, Sinn Fein)
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127. To ask the Minister for Communications, Climate Action and Environment the reason there were glaring inconsistencies in due diligence for the two local by-laws governing salmon conservation in Natura 2000 sites (details supplied); and if he will make a statement on the matter. [44558/24]
Eamon Ryan (Dublin Bay South, Green Party)
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In 2018, IFI launched the IFI Environmental Assessment Process (EAP) which aimed to facilitate fisheries development and conservation projects while ensuring that IFI had due regard for the environment and relevant environmental legislation. This process established the screening mechanisms for the environmental assessment of projects and set out the appropriate IFI procedures to ensure that works were carried out in compliance with the relevant environmental legislation.
Following the roll out of this process, it was decided to apply it to other areas of IFI activity based on a precautionary approach where the advice that IFI gives could be considered to give consent to certain activities. This process was rolled out for advice that IFI gives in respect of bye-law proposals after the establishment of the EAP in 2018. This explains why the Designated Salmonid Waters Bye-Law (No. 964) 2018 which was drafted in 2018 was not assessed and the Bye-law referred to in 2019 was assessed.
IFI has established a specific email address for queries from Oireachtas members so that queries in relation to operational matters such as carrying out Appropriate Assessment Screenings where appropriate, can be addressed promptly, in line with IFI’s objective to deliver services to the highest standards. The email address is oireachtas@fisheriesireland.ie.
Mairéad Farrell (Galway West, Sinn Fein)
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128. To ask the Minister for Communications, Climate Action and Environment the reason no regulatory impact analysis screenings were conducted on the following two by-laws; the Conservation of Pike Bye-Law (No. 809) 2006 and the Conservation and Prohibition on Sale of Coarse Fish Bye-Law (No. 806) 2006, when a multitude of screenings were conducted by his Department from 2006 to 2008 on both primary and secondary legislation; and if he will make a statement on the matter. [44559/24]
Eamon Ryan (Dublin Bay South, Green Party)
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My Department applies the principles set out in the Regulatory Impact Analysis (RIA) Guidelines issued by the Department of the Taoiseach where appropriate.
Paragraph 1.1 of those Guidelines refer to the applicability of RIAs to, inter alia, proposals for primary legislation involving changes to the regulatory framework and significant Statutory Instruments. There is no reference to any applicability to carry out RIAs in respect of bye-laws in these guidelines.
Moreover, these guidelines setting out requirements regarding the carrying out and applicability of RIAs were published in 2009 and the making of the two bye-laws referred to by the Deputy predate their publication.
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