Dáil Éireann Debate, Wednesday - 15 September 2021
819. Deputy Catherine Connolly asked the Minister for Agriculture, Food and the Marine the way the total catch limit in 2021 of 1,000 tonnes for inshore sprat for vessels over 18 metres in length is monitored; the person or body that monitors same; the amount of sprat caught by these vessels to date in 2021; and if he will make a statement on the matter. [44141/21]
View answerAs the Deputy will be aware, 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 1st 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.
Policy Directive 1 of 2019 was introduced in March 2019 to give effect to these changes. A Judicial Review was taken by two applicant fishers challenging the validity of the Policy.
On 6th October 2020, the High Court judgment held, in summary, that Policy Directive 1 of 2019 was made in breach of fair procedures and is void and/or of no legal effect.
I appealed the decision of the High Court to the Court of Appeal. I also sought a stay on the order of the High Court, which was granted by the Court of Appeal on 19th March last, reinstating the Policy Directive. Following a full hearing by the Court of Appeal on Tuesday 22nd June, the Court decided to temporarily extend the Policy Directive excluding large vessels from trawling in inshore waters within 6 miles of the coast, save for a restricted sprat fishery. This decision applies until at least the 4th of October (the first day of the Court of Appeal’s Michaelmas term) and/or until a determination in relation to the stay is delivered by the Court of Appeal. Judgment on the case is reserved.
As this matter is sub judice, I am not in a position to comment until the matter can be resolved before the Courts.
On June 28th last, the Department wrote to owners of vessels over 18 metres in length informing them of the decision of the court in respect of the stay and that they will continue to require an authorisation to trawl for sprat inside the 6 mile zone. Under the Policy Directive, the total catch limit for sprat is 1,000 tonnes for 2021 for vessels over 18 metres in length overall.
The sprat fishery is operating as an open fishery and landing figures are being monitored closely by the Sea Fishery Protection Authority (SFPA).
The monitoring and control of fisheries within Ireland’s Exclusive Fisheries Zone are matters for the Irish control authorities. Under the Sea Fisheries and Maritime Jurisdiction Act, 2006, all operational issues of this nature are exclusively for the Sea Fisheries Protection Authority (SFPA) and the Naval Service. As Minister, I am expressly precluded from getting involved in operational matters.
I have accordingly referred the Deputy's queries in respect of monitoring and landing data to the SFPA for attention and direct reply.
