asked the Minister for Fisheries the number of Spanish fishing vessels that have been convicted in this country's courts of illegal fishing since 1st January, 1977; and if he will state in each instance how far the vessel was operating from this country's base-lines.
Ceisteanna—Questions. Oral Answers. - Illegal Fishing.
10.
The masters of 12 Spanish fishing boats were convicted of illegal entry and fishing within the exclusive fishery limits since 1st January, 1977. Of these three were 24 miles, three were 27 miles, two were 50 miles and four were respectively 66, 27, eight-and-a-half and five-and-a-half miles from this country's base-lines at the time of arrest.
Is the Minister aware that there seems to be a concerted effort by the Spanish fishing industry to make a record catch within our exclusive limits before their application for entry is dealt with by the EEC?
They certainly could be up to something like that and we are watching them very closely.
Would the Minister consider making a protest about this matter to the Spanish Government?
It is a matter I will consider.
What rights have the Spaniards within our 200-mile limit?
They have certain rights under the London Fisheries Convention, 1964, which give them, and some of our EEC partners who had historical rights to fish, certain rights within a six to 12 mile belt of our coast. They have those rights still. There is a technical legal point here in that they have rights under the 1964 convention, but not being members of the Community they are excluded from the 200-mile zone from 1st January this year. We take the view in conjunction with our EEC partners, that everybody outside the Community is excluded from the 200-mile zone. Despite the fact that they have technical rights within a six to 12 mile zone, we have successfully prosecuted them in respect of areas within that band.
Would the Minister consider excluding them or withdrawing their licences in view of their misbehaviour in recent months?
We would consider it. We take a very serious view of the behaviour of Spanish and French vessels in the waters off our southern coast.
11.
asked the Minister for Fisheries the maximum fine for foreign vessels convicted of fishing within this country's exclusive fishing limits; and how it compares with the maximum penalties for similar offences in Britain and in the Isle of Man.
The Fisheries (Consolidation) Act, 1959, prescribes a maximum fine of £100 on summary conviction of a foreign sea-fishing boat for illegal entry within the exclusive fishery limits of the State. Confiscation of the fish and fishing gear is mandatory where such a boat, having entered within the exclusive fishery limits whether lawfully or unlawfully, fishes or attempts to fish there.
I understand that under the United Kingdom Fishery Limits Act, 1976, the maximum fine for unauthorised fishing by a foreign fishing boat is £50,000 on summary conviction with provision for an unlimited fine on conviction on indictment. As well the court may order forfeiture of the fish and fishing gear.
As to the Isle of Man, I understand that foreign fishing boats convicted of illegal fishing within that country's three mile limit are liable on summary conviction to a maximum fine of £500 and the court may order the forfeiture of any fish and fishing gear found on the vessel. Where the illegal fishing occurs within three to 12 miles the prosecution is taken by the Isle of Man Government on behalf of the United Kingdom Government under the Fishery Limits Act, 1976, and the penalties prescribed by that Act apply. The prosecution of foreign fishing boats for illegal fishing outside 12 milts is taken by the United Kingdom authorities.
Has the Minister any plans to increase fines to a realistic level?
I have. A Bill is nearly to hand and I will introduce it in the Dáil in January.
The sooner the better.
I appreciate that.
Could I ask the Minister——
Question No. 12. These questions are very alike and Deputies are asking so much irrelevantly that this will do for your supplementary.
I do not want to quarrel with you but this question is very different to the ones the Minister has been answering. I will try to compress what I want to know into one question but I may not succeed. I do not feel that the Minister for Fisheries should get off more quickly than any other Minister. If, as the Minister says, he is introducing a Bill in order to increase penalties for fishery offences, could he tell us whether the Bill will have built into it a provision for prosecution or indictment which will avoid difficulties of a legal kind which we confronted in the past?
The Deputy is anticipating the terms of the legislation. The Deputy knows as well as I do that this is not in order.
May I ask the Minister whether his legislation would provide for prosecution on indictment?
Yes. Because of the important delaying factor that would be involved in indictment procedures to keep certain boats from fishing for an extended period, it is very practical to have an indictment procedure.
I am anxious to ask a supplementary question.
Is the Minister aware that, in addition to the penalties which he has outlined in relation to the Isle of Man, there are possible jail sentences in respect of the masters and mates of the vessels concerned? These were not referred to in the Minister's reply.
That is right.
Why did the Minister not refer to them?
I did not go into the details of the Isle of Man or British legislation. I thought I gave a full reply. Anyway, I am meeting the point made by Deputy Kelly.
12.
asked the Minister for Fisheries the number of foreign vessels that have been convicted of illegal fishing within this country's exclusive limits or of entering territorial waters with intent to fish, since 1st January 1970; and if he will list the number from each country involved.
Fifty-one foreign fishing boats were convicted of illegal entry and fishing within the exclusive fishery limits of the State since 1st January 1970. Of these, 18 were French, 19 Spanish, 5 Dutch, 4 United Kingdom, 1 Belgian, 1 Norwegian, 1 Russian, 1 Roumanian, and 1 Bulgarian.
As these countries are attempting to set up fishing rights within our limits, the Minister should use this case of wholesale poaching when he is negotiating with these people. I assume that for every boat caught hundreds are getting away.
I appreciate the Deputy's point.