Vol. 516 No. 4
3 Mr. Finucane asked the Minister for the Marine and Natural Resources the status of the French tuna fishermen's application, which was supported by the Irish Tuna Association and the Government, instituting annulment proceedings against Council Regulation 1239/98 which sought to ban drift netting for tuna from 1 January 2002. [7893/00]
The French Tuna Fishermen Organisation registered an application with the European Court of Justice in August 1998 seeking annulment of Council Regulation 1239/98 which bans drift netting for tuna from 1 January 2002. An oral hearing on the question of the admissibility of this action was heard by the court on 23 November 1999. The Irish authorities and the Irish Tuna Association, as well as the French authorities, made a case and oral submissions to the court in support of the admissibility of the case. The Council of the European Union, supported by Spain and the Commission, sought that the action might be declared inadmissible.
The court delivered its judgment on the question of admissibility on 22 February. It held the action to be inadmissible and in consequence the case will not now proceed to a full hearing. The Deputy will be aware that Ireland submitted a comprehensive formal intervention to the court on the merits of the case with the full support of the Irish tuna fishing industry. The advice available to me is that in light of the judgment there is no further legal mechanism available to the State or the industry under which to challenge the ban.
As the Minister of State is aware, the former Minister, Deputy Woods, was to the forefront in the announcement that we were appealing this case to the European Court of Justice. I do not recall the newspapers reporting that the case had been before the court and had been rejected. The Minister of State is aware that the tuna fisheries industry is worth approximately £5 million to £6 million.
A question to the Minister of State.
I will ask a question, but I must put it in context.
This is Question Time.
There is a possibility that a quota will be introduced on the fishing of albacore tuna. The average catch over the last eight years has been 2,000 tonnes per year. Will the Minister of State assure the House that if a quota is introduced he will ensure that a realistic quota is allocated to Irish fishermen, especially those in the south-west who are engaged in this fishery? Will he confirm if compensation will be provided to the tuna fishermen who have been involved in this type of fishery as a result of the changed decision on fishing for tuna?
The Council agreed as part of the package to postpone the introduction of the ban and on a provision that the number of authorised drift net participants from 1998 onward would not exceed 60% of those with a track record in the fishery in the period 1995-7. On this basis we were in a position to issue 18 licences to individuals with a previous track record for drift tuna fishing in 1998 and 1999. In addition, fishing trials were undertaken by BIM in 1998 and 1999 with the support of EU aid using alternative fishing techniques, such as trawling and pelagic gear. On the results to date, a level of participation by Irish fishermen in the albacore tuna fisheries will be maintained when the drift net ban comes into force in two years' time. The question of compen sation for fishermen who did not receive a drift net authorisation in 1998 or 1999 does not arise.
Does the Minister consider that it should arise? Drift netting was found to be defective and the new type of netting system employed means that fishermen will lose out. What preparations will we have taken to ensure that if albacore tuna becomes a quoted species, the average catch over the years will be taken into consideration and that Ireland will get a realistic quota? Will the Minister of State give such an assurance in the context of what happened in the past? For example, with regard to horse mackerel we were seriously deficient in the quota we secured, even based on the average catches over the years. Will he assure the House that we will be to the forefront in securing a realistic quota based on average catches?
The Deputy rightly indicated that the Minister's predecessor, Deputy Woods, made a strong case in this area, but it has not been successful. Nevertheless, he gave a clear indication at the time that we have a great conviction about our rights in this instance. We are also conscious of the fact that there is a need for conservation.
BIM carried out trials in 1998 and 1999 to evaluate alternative legal methods for fishing albacore tuna. Five pairs of pelagic vessels and three trawling vessels took part in the 1998 trials, while eight pairs of pelagic vessels – five vessels using the trawling technique and one surface long lining vessel – took part in the 1999 trials. The 1998 trials were inconclusive and catches were poor.
That does not deal with my question which was concerned with quotas.
A brief reply from the Minister of State.
We are considering quotas and are conscious of conservation. I cannot give a definitive answer at this stage.
