asked the Minister for Lands if he will state whether further information is available regarding the exclusive fishery limits of Ireland, with special reference to a statement made by a district justice at Bantry, County Cork, in the course of the hearing of a charge against a French skipper of fishing within the three mile limit.
Ceisteanna—Questions. Oral Answers. - Exclusive Fishing Limits.
asked the Minister for Lands whether, in view of the ambiguous position that obtains in relation to our territorial waters, he will state when he expects to be in a position to make a statement clarifying the matter.
With the permission of the Ceann Comhairle, I propose to take together Questions Nos. 62 and 63 both of which are presumed to relate to the same incident.
The exclusive fishery limits of the State are defined in the Sea Fisheries Protection Act, 1933, as that portion of the seas within which citizens of the State have by international law the exclusive right of fishing. Most Deputies will be aware that in international law an exclusive right of fishing is recognised within what is called the three mile limit. The exclusive right extends to three miles from any island forming part of the national territory as well as to three miles from the mainland. The three mile limit is the minimum acknowledged under international law. Wider claims are made by many countries.
Within the three mile limit our exclusive right is not open to question and successful prosecutions have been frequently brought in order to protect that right. Indeed, since the decision in the case at Bantry, another district justice has accepted the submissions made on behalf of the State on this point and has convicted. I am informed by the Attorney-General that an appeal by way of case stated would have been taken in the Bantry case if the defendant were available within the jurisdiction for service of the necessary notices.