Dáil Éireann Debate, Wednesday - 11 November 2020
262. Deputy Holly Cairns asked the Minister for Agriculture, Food and the Marine his views on implementing prohibitions on vessel and net sizes for inshore fishing rather than a blanket ban on pair trawling; and if he will make a statement on the matter. [35746/20]
View answerEU Regulation 1241/2019 on the conservation of fisheries resources and the protection of marine ecosystems through technical measures sets down the general rules which apply to fishing vessels in all EU waters, including inshore waters. This Regulation sets down the baseline standards of mesh sizes for towed gears and static gears for North Western Waters. Member States have the possibility of developing joint recommendations for technical measures in accordance with the regionalisation process set down in Regulation 1380/2013, based on scientific advice. The EU Commission has adopted such measures for North Western waters that are aimed at supporting the effective implementation of the landing obligation. In addition, a Member State may adopt measures applicable to their own fishing vessels only provided that such measures that are compatible with the objectives of the Common Fisheries Policy and are at least as stringent as measures under the CFP. I am committed to further strengthening of technical measures across our fisheries and am prepared to consider proposals either confined to our own fleet or for development more generally under the EU regionalisation process which can be shown to promote sustainable fishing and compliment other measures including the policy on the exclusion of fishing vessels over 18m vessels fishing by means of trawls from inside Ireland's 6nm zone.
In relation to the ban on larger fishing vessels, fishing by means of trawls, inside the 6nm zone, in December 2018, following a public consultation process in which over 900 submissions were received, the then Minister for Agriculture, Food and Marine announced that vessels over 18m will be excluded from trawling in inshore waters inside the six nautical mile zone and the baselines from 1 January 2020. A transition period of three years for vessels over 18m targeting sprat was allowed to enable adjustment for these vessels, as the sprat fishery is concentrated inside the six nautical mile zone.
A Policy Directive was issued by the Minister to the independent Licensing Authority for Sea Fishing Boats under Statute and was intended to give effect to the measures announced by the then Minister. As stated above, this Policy Directive provided that vessels over 18m LOA (Length Overall) will be excluded from trawling activity inside six nautical miles, including inside the baselines, from 1 January 2020. The Policy Directive directed the Licensing Authority to insert a condition to this effect into the licences of affected vessels.
A Judicial Review was taken by two applicant fishermen challenging the validity of the Policy.
On 6th October 2020, the Judge held in summary that the Court’s final order should be, among other matters, a declaration that Policy Directive 1 of 2019 was made in breach of fair procedures and is void and/or of no legal effect.
The breach of fair procedures as referenced above related to a failure with obligations to consult with the applicants in accordance with, and to the extent required by, the consultation process and in particular by failing to consult with them once a preferred option had been identified.
The High Courts ruling of Judicial review proceedings which relate to Policy Directive 1 of 2019 has been appealed by the State to the Court of Appeal and a stay is being sought on the orders granted therein.
As this matter is sub judice, I am not in a position to comment on the policy until the matter can be resolved before the Courts.
