asked the Minister for Agriculture and Fisheries if he is aware that commercial fishermen are concerned about the increase in the number of persons engaging in skin diving; and if he will state the action he proposes to take to prohibit such activities.
Ceisteanna—Questions. Oral Answers. - Skin Diving Activities.
7.
I assume the question refers to the taking of fish by means of skin diving. Taking or attempting to take shellfish by this method is prohibited under the skindiving for shell fish bye-law No. 533, 1966, made under the Fisheries Acts, and the introduction of further legislation to deal more effectively with this matter is being considered in my Department.
Is the Minister aware this is becoming rather a serious problem? Skin diving seems to be fairly well organised at the moment. People go off at weekends in gangs and invade areas where there are lobster and crayfish, and stocks are being seriously damaged as a result of their activities.
This is governed by the shell fish bye-law No. 533, 1966, and apparently the main difficulty resides in not being able to detect persons engaged in this kind of activity. I suppose the solution lies in more close vigilance on the part of the local fishing communities and others interested in the industry, as well as the normal security people.
Can the Minister give any indication as to the methods of enforcement employed to ensure compliance with this regulation which was introduced in 1966?
By me.
I remember it well. Would he let me know if his Department have received complaints about excessive taking of shell fish by skin divers in the area stretching from Slyne Head to Innisboffin?
It is causing the Department some concern. There is difficulty in proving an offence under the relevant section. The main vigilance is provided by local gardaí who very much need the co-operation of the local community to prevent such offences occurring. Before I came in here the Parliamentary Secretary emphasised that this was causing him and the Department concern, and they are keeping the position under very close review indeed.
Where it has been brought to the notice of the Department that skin divers are taking shell fish in the area I mentioned, what action have the Department taken?
This practice reached the point that there was a Press advertisement on 30th May. It was a public advertisement and the Fisheries Division sent a copy to the Commissioner of the Garda pointing out this was an offence under the Act. I give that as an illustration of the Department acting on a central basis. What is required for full success is full co-operation from the local communities with the local gardaí. It may be necessary for the Department to review the legislation. I take the point that Deputy Haughey was involved in drawing up the legislation. Apparently in practice it has turned out that it is difficult to make this law stick since it calls, as all our law does, for apprehension of the person in the course of the commission of the crime.
Would the Minister agree one line of approach would be to prevent people purchasing illegallytaken lobster? The regulations provide that a skin diver may take one fish for his own personal use, but in so far as there is any abuse of the regulations, the way to deal with it most satisfactorily would be to make sure that nobody buys these illegallytaken lobsters.
That seems a very common-sense observation and I will convey it to the Parliamentary Secretary for his consideration.
Would the Minister suggest to his colleague that bye-laws might be introduced whereby skin diving would be prohibited during certain periods of the year?
That is a much larger question and, for all I know, may fall outside the ambit of the Fisheries Division. I think Deputy Haughey's suggestion should be pursued, and I will bring it to the Parliamentary Secretary's attention.