Peter Barry
Ceist:14 Mr. Barry asked the Minister for the Marine the number of complaints which his Department have received since the beginning of the year regarding foreign trawlers fishing illegally.
Ceisteanna—Questions. Oral Answers. - Foreign Trawlers.
Godfrey Timmins
Ceist:46 Mr. Timmins asked the Minister for the Marine if he will make a statement on the number of Spanish trawlers that are (a) licensed and (b) unlicensed for fishing in Ireland's exclusive fishing zone, that have been arrested since Spain joined the EC; and if he will outline the approximate overall tonnage involved.
Godfrey Timmins
Ceist:51 Mr. Timmins asked the Minister for the Marine if he is satisfied with the present penalties applicable for foreign trawlers fishing in our exclusive fishing zone; and if he will consider amending the legislation to allow for lengthy prison sentences and confiscation of boats, where repeated violations and violence are involved.
(Limerick West): I wish to take Questions Nos. 14, 46 and 51 together.
There have been 36 arrests of foreign trawlers by the Naval Service since the beginning of the year on fishery related charges. Of these, ten have been for illegal fishing. Legal proceedings have been initiated in all ten cases.
Penalties applying under Irish law to fishery related offences are already among the most stringent in the Community.These penalties include confiscation of catch and gear as well as, in certain circumstances and at the discretion of the courts, forfeiture of a vessel which is before the courts on a second indictable offence. I have no proposals to revise these penalties at the present time.
Finally, in relation to the number of licensed and unlicensed Spanish trawlers that have been arrested since Spain joined the EC and the approximate overall tonnage involved, this information will take some time to collate. I will pass it on to the Deputy when it becomes available.
In an Adjournment debate three weeks ago Minister Wilson said he was taking the incidents of illegal fishing and the warlike tactics of some Spanish trawlers up with the Spanish Government and the EC Commissioners. Has there been a response to that complaint?
(Limerick West): That matter was taken up by the Minister, as indicated by the Deputy. To date we have had no response. The Minister is having continuous discussions with the people concerned. I might add that we are very concerned at the overall position.
The Minister cannot expect me to share the view that he is very concerned when he says his Department have received no response after three weeks of dealings with the Spanish Government. Does he know that these assaults are continuing, that there are lives being put in danger daily by trawlers double the size of ours — 50 to 70 of them — fishing illegally in our waters, off the south coast, ramming, boarding and assaulting our fishermen on the seas? The Minister says he is very concerned yet he has not pressed home his advantageous position after three weeks?
(Limerick West): The Minister has pressed home our concern and is awaiting a response. I understand he will reiterate his total dissatisfaction at the response to date and is intervening again with the Spanish Government.
It requires a lot more than making the Minister's concern known.
The Minister will be aware that the law allows, on conviction, for gear to be confiscated. Has the Minister any statistics on the amount of gear or in respect of any ship that has been confiscated? My understanding is that, having been convicted, such fishermen can repurchase their gear and carry on in the same merry way.
(Limerick West): I do not have that information but, as the Deputy will know, that matter is left to the discretion of the courts. If that information is available I will let the Deputy have it.
The Minister said there had been 36 arrests of foreign trawlers, ten of which were for illegal fishing. Can he inform the House for what the remaining 26 were convicted and what action was taken subsequent to those arrests; what sanctions were taken by this Government against the offending parties? Would he say whether the Minister for the Marine and the Government are considering introducing stricter penalties, so that these pirates at sea can be appropriately dealt with? Would the Minister say whether the penalties to be imposed will be rendered so severe they will not dare fish illegally in our waters in future?
(Limerick West): Our penalties are the most stringent within the EC; but they may have to be reexamined.With regard to the other 26 arrests, they related to technical breaches of fisheries regulations, such as undersized fish, improper markings on buoys and boats.
Would the Minister not agree that such breaches are very serious, that size of fish is vital; if under-sized fish are being taken out of our waters and retained by foreign trawlers, does that not represent a major contribution to the overall reduction in our fishing stocks which, in turn, can affect our total allowable catch and quotas allocated in fisheries negotiations? Would the Minister not consider that he should be taking rigorous action in relation to breaches of this nature?
(Limerick West): We are. I might add that, under the Fisheries (Amendment) Act, 1978, the maximum fine is £100,000. In addition, any fish or gear found on board a vessel to which an offence relates can be forfeited.