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Seanad Éireann debate -
Wednesday, 16 Jun 2010

Vol. 203 No. 6

Fisheries Protection

The issue I want to raise relates to lobster fishing, which essentially is a licensed fishing activity. In County Donegal, I understand there are between 250 and 300 licensed boats associated with lobster fishing. It is a commercial activity undertaken as such by fishermen. It adds to their livelihood and essentially is an activity that has been undertaken through the generations.

The reason I am raising it relates to the fact that many of fishermen in the commercial sector who are licensed — obviously there is a cost associated with licensing and the upkeep of vessels — have expressed concerns to me that many holiday homeowners in County Donegal partake in recreational lobster fishing. The term, "recreational lobster fishing", does not require a licence, so this is unlicensed activity, according to the Sea Fisheries Protection Agency. I was liaising for a number of months with the previous Minister of State, Deputy Tony Killeen, and also with the Sea Fisheries Protection Agency about this issue. While the Sea Fisheries Protection Agency implements the current legislation, it is unable to enforce any restrictions on the number of pots that may be fished by recreational fishermen. Such restrictions, I understand, are in place in other EU member states.

I am not calling for an outright ban on recreational fishing in respect of lobsters, but I am calling on the Department to, perhaps, introduce some form of restriction which would not allow the ongoing situation where the commercial sector is being penalised as a result of the unlicensed sector being able to fish under the clause of recreational fishing, and making quite large landings as well. There are issues to be addressed. It is a cause of concern to the commercial sector. As I have indicated, the commercial sector has invested large amounts of money in the upgrading of vessels and applications for licences on an annual basis. The Department should seek to alleviate its concerns by addressing the issue. I hope the Minister of State might take those concerns on board.

I am taking this matter on behalf of the Minister of State at the Department of Communications, Energy and Natural Resources, Deputy Conor Lenihan. As a species lobsters are covered under the general legislation on commercial fishing. At present there is no specific legislation dealing with recreational lobster fishing apart from a prohibition on the capturing of shell fish, including lobsters, by skin diving introduced in the 1960s. Recreational lobster fishing is not deemed to be commercial fishing. Essentially recreational lobster fishermen do not sell the lobsters they catch, but rather they keep them for their own personal consumption.

As the Senator will be aware commercial fishing for lobster is regulated and comes under the remit of the Department of Agriculture, Fisheries and Food and more specifically from an enforcement perspective, the Sea Fisheries Protection Authority. There is however, no regulation of recreational lobster fishing.

As I have indicated, recreational lobster fishing may be legitimately carried out provided the catches made by such fishermen are not sold for commercial gain. While traditionally recreational fishermen were only allowed to fish four pots, I understand that currently there are no restrictions on the amount of lobster pots that may be fished by them, as long as they do not sell their catch.

It must be stressed that recreational lobster fishing differs from unlicensed commercial lobster fishing whereby lobster catches are offered for sale. The detection of the latter is an enforcement matter for the Sea Fisheries Protection Authority. I understand the authority targets inshore fisheries in order to control unlicensed commercial lobster fishing activity.

The issues raised by Senator Ó Domhnaill are clearly important for commercial lobster fishermen who depend on such fishing for all or part of their livelihood. Careful consideration must be given to potential conflicts with commercial activity when recreational lobster fishing activity takes place on a large scale. Indeed, this would have ramifications for the sustainability of stocks as I understand lobster is a slow growing species.

It is the Minister of State's intention to bring the Senator's concerns regarding the policing and detection of what seems to be essentially unlicensed commercial lobster fishing to the attention of his counterpart, the Minister of State at the Department of Agriculture, Fisheries and Food. The Minister of State does not believe the creation of yet another regulatory framework in this instance to deal with recreational lobster fishing is the most appropriate way to deal with the issues raised.

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