Michael Creed
Question:71 Mr. Creed asked the Minister for the Marine the additional defensive measures, if any, he proposes to take to protect our fishery stock from illegal harvesting by non-national trawlers.
Written Answers. - Fishery Stock Protection.
The protection of all fish stocks, in Irish waters is a top priority for the State's Fishery Control Service both on land and on sea. The Sea Fisheries Officers of the Department of the Marine, the Naval Service and the Air Corps are continuously upgrading their monitoring and control programmes to ensure greater protection for the valuable fish resources in our waters.
A substantial five year capital investment programme, designed to enhance the effectiveness of Ireland's fisheries surveillance services commenced in 1991. The total package, at a cost of £34 million was approved for EC aid at a rate of 50 per cent. Under this programme a range of new monitoring equipment, including fixed wing aircraft for the Air Corps and communications and data handling equipment for the Naval Service and the Department of the Marine is being acquired. In addition inshore surveillance boats are being provided under the package.
The Naval Service has a total of seven vessels which are employed principally in fishery patrols; aerial surveillance is provided by the Air Corps using the new Casa aircraft and an additional two such aircraft will be delivered next year. The Department of the Marine has doubled its complement of Sea Fishery Officers who provide an onshore fisheries surveillance and control service.
The penalties for illegal fishing and other breaches of the law are particularly tough, attracting in certain cases 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. Up to now, however, following a first conviction, some vessel owners appear to have transferred ownership of the vessel to a new company so as to eliminate the possibility of confiscation upon a subsequent conviction.
To address this apparent loophole, early next year I will be introducing amending legislation which will permit the Court to order the forfeiture of a vessel in cases where: (i) the offence or a combination of offences is considered by the Court to constitute a serious abuse of conservation measures and a prohibited exploitation of the quotas; (ii) the conviction is a 2nd or subsequent conviction on indictment for an offence committed on board the same ship within three years of the date of the previous offence.
Where there are grounds for suspicion that the change of ownership was effected in order to evade the possible forfeiture upon a further conviction, the onus of proof that the transfer was bona fide, at arms length and that the sale price reflected the real market value of the vessel will rest with the defendant.
At Community level I have discussed illegal fishing with many of my counterparts in the Commission and have agreed the establishment of a framework for enhanced co-operation between the Irish control authorities and those of other member states.