Jim O'Keeffe
Question:89 Mr. J. O'Keeffe asked the Minister for the Marine his views on whether penalties and fishery law procedures are adequate to deal with poaching by foreign fishing vessels and in particular those with secret holds.
Written Answers. - Poaching by Foreign Trawlers.
The penalties prescribed under current legislation for fisheries offences are amongst the toughest in the Community and provide in certain cases for fines of up to £100,000. Where persistent offenders are concerned, in addition to any other fines and forfeitures, the courts have discretionary powers under the Acts to order the confiscation of the offending boats.
Repeated transgressions by any fishing vessels of measures designed to conserve stocks and protect the livelihood of fishermen are totally unacceptable. Indeed, there is evidence to suggest that existing powers of confiscation, applicable for second or subsequent serious offences, have been circumvented by the transfer of boats to new ownership. The Department is currently reviewing the legal aspects of the matter in consultation with the Attorney General's Office and I am considering whether the relevant legislation could be amended to increase the likelihood that vessels guilty of a second or subsequent offence will be confiscated.
Until such time as the matter has been fully assessed and all the legislative implications have been carefully examined, it would be inappropriate to anticipate the conclusions which may be reached or the actions which may be taken. I would add however that the work involved has reached an advanced stage and I am hopeful that proposals for amending legislation to address this and other fisheries matters can be brought to the Government next month.
As I indicated in previous replies, I am extremely concerned with the emergence over the last year of the practice of having secret holds on fishing vessels. The Naval Service have detected sixteen such cases in the last year.
At my request the Department of Foreign Affairs has conveyed our serious concern at this development to the appropriate authorities in both the UK and Spain. Both countries have agreed to cooperate and to take appropriate action to eliminate the practice in so far as vessels on their respective registers may be concerned. In addition, the matter has been brought to the attention of the European Commission. I have raised this matter at a recent meeting with the Spanish Fisheries Minister and it is being actively pursued in the context of liaison meetings between senior officials of both administrations.