Austin Deasy
Question:25 Mr. Deasy asked the Minister for the Marine the maximum penalties applicable to foreign fishermen in breach of our fisheries laws; and if he will make a statement on the matter. [10399/95]
Written Answers. - Illegal Fishing.
Austin Deasy
Question:27 Mr. Deasy asked the Minister for the Marine the number of Spanish trawlers which have been apprehended by the Navy on two or more occasions for illegal fishing and which have been found guilty of serious offences under the Fisheries Acts. [9058/95]
Godfrey Timmins
Question:43 Mr. Timmins asked the Minister for the Marine if he will define what constitutes a serious offence under the Fisheries Acts with regard to illegal fishing by foreign trawlers. [9053/95]
I propose to take Questions Nos. 25, 27 and 43 together.
Statutory penalties for offences under the Fisheries Acts, which are the highest in the European Union, are specifically designed to deter illegal fishing irrespective of nationality. They reflect our determination to ensure that all vessels fishing in Irish waters comply with fishing regulations.
The penalties available to the courts for fishery offences have been substantially increased under the 1994 Fisheries (Amendment) Act. Serious offences relating to incorrect capacity plans and undersize nets now carry maximum fines of £200,000 and £50,000 respectively. The Act also doubled the maximum fines for having undersize fish on board and logbook offences, including under-recording of catch, to £20,000. Gear and catch are automatically forfeited as well. In addition, the 1994 Act provides for the ultimate sanction of confiscation of the vessel where the offences are deemed by the court to represent a particularly grave abuse of conservation.
The actual imposition of penalties, including confiscation, is a matter for the courts in the final analysis. Overall the regime of fines, fishing days lost, and forfeiture of gear and catch amount to a substantial financial loss for fishermen. Fines imposed, for example, for under-reporting of catch are usually well in excess of the market value of the catch. In addition to the increased financial deterrents, the Irish fisheries surveillance capability has been significantly enhanced this year with the coming into service of the two new Casa aircraft operated by the Air Corps. This has already contributed to more focused and effective deployment of the Naval Service vessels in fisheries surveillance.
Since 1991 a total of 29 Spanish vessels have been convicted on two or more occasions of serous fishing offences.