I am glad to have the opportunity to discuss this matter in the House and I thank Deputy Ring for raising it. As the Deputy may be aware, certain categories of larger fishing vessels are precluded from fishing within 12 miles of the base lines. For example, all vessels licensed under the special whitefish scheme are prohibited from fishing within 12 miles of the base lines. This restriction also applies to the refrigerated sea water — RSW — boats operating mainly out of Killybegs, except during the horse mackerel fishery.
It is neither practical nor realistic to ban all trawling activity in every area where crab pots or other static gear may be deployed within the 12 mile limit. Difficulties arise in consequence from time to time. I am aware of a number of incidents over the years which have resulted in damage or loss of gear owned by lobster and crab fishermen as well as static gear employed by driftnetters. Understandably, this has been the cause of considerable tension between local crab and lobster fishermen and trawlermen.
The Department has consistently encouraged a non-confrontational approach to resolving the problem and has actively promoted dialogue between both sides.
On the premise that peaceful co-existence among fishermen is in their own interest, the Department introduced a mutually agreed code of practice for both local fishermen and trawlermen designed to minimise the risk to crab and lobster pots from trawling activities. The Killybegs Fishermen's Organisation and the North West Lobstermen's Association were both involved in the negotiation of the code of practice and supported its introduction.
The main features of the code of practice are as follows: communications between both sets of fishermen are to be made in the first instance on channel 16 or 70 and all further discussions are to be continued on channel 70; all static gear is to be shot in a north-south direction; at night a light is to be placed on the north end of all gear; at all times a single red flag is to be placed on the north end of the gear and a single black flag at the south end; the maximum length of any one set of static gear is to be restricted to one mile; the registration number of the owner's boat is to be marked clearly on all buoys and pots; trawlers are to give all static gear a wide berth; trawlers are to retain all lifted gear and request the Department to contact its owner if identifiable; if gear is lost it must be reported to the Department in normal circumstances within 24 hours; the Department will act as arbitrator in all related matters; and the owners of all gear should make a sworn affidavit giving details of all gear lost and give the affidavit to the Department.
The adoption of the code of practice has widespread support and has been effective in substantially reducing the levels of lost or damaged gear. I would stress that compliance with the code of practice by all sides is the best way to minimise difficulties which arise. In addition to securing agreement on a code of practice the Department has established an informal procedure whereby lobster and crab fishermen who claim to have incurred loss or damage to gear can pursue compensation from the sector of the fishing industry concerned. The compensation procedure is of an informal nature and the Department simply fulfils the role of facilitator between the parties. I am advised this agreement has worked satisfactorily over the past two years and offers a means of ensuring that grievances can be equitably resolved.
In practical terms the arrangement involves the investigation of incidents by the local sea fishery officer who acts as an honest broker between the two sides. The sea fishery officer examines each claim on its merits and works out an agreement on a suitable level of compensation to be paid to the injured parties by the trawler owners concerned. This compensation procedure was reaffirmed as satisfactory at a meeting in the Department last year between the parties concerned. I am satisfied these arrangements offer the fishermen concerned scope for peaceful co-existence and clearly acknowledge the rights of all sides to expect that their legitimate interests will be respected and their livelihoods protected. I am, however, conscious of the need to keep the matter under review and if particular incidents need attention I will be glad to hear from the Deputy. Such incidents will be carefully investigated and every effort made to facilitate a fair and equitable resolution of the problem.
The issue the Deputy has raised highlights the need for all concerned at local level to respect the rights of other users of the shared marine resource. I emphasise again that this is a co-management issue which is best resolved through co-operation and dialogue on the ground within the framework of the code of practice. The Department will continue to play its part in facilitating that process. An approach which is based as far as possible on local consensus and problem-solving is preferable to the imposition of solutions by central administration on fishermen in localities. I encourage all concerned to work within the code of practice and use the established procedures within that framework to resolve difficulties as they arise. I ask Deputy Ring to communicate this advice to the local people.
The Dáil adjourned at 10 p.m. until 10.30 a.m. on Thursday, 15 May 1997.
