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Dáil Éireann díospóireacht -
Tuesday, 10 Dec 1996

Vol. 472 No. 6

Adjournment Debate. - Foyle Fisheries Commission Review.

Thank you, a Cheann Comhairle, for giving me the opportunity to raise what may be one of the most important issues I will face in my area as the idea of legislation for the Foyle is close to the hearts of the hundreds of people who work in that area.

I commend the Foyle Fisheries Commission for including fishing organisations in its reaction to the report which it is currently reviewing. However, many groups have been ignored. For example, the North-West Region Cross-Border Group comprises County Donegal, Derry City Council, Strabane Council and Limavaddy District Council which work together. They have been established for over 20 years. They have worked on the Foyle basin study, they have a five year plan and have sought European funding for the Foyle and yet, as a cross-Border group and in the context of a cross-Border venture, they were not approached with regard to this report. That is a big mistake. I understand they have been approached separately but their collective attitude is exactly the type of one which any cross-Border review should incorporate.

I was also worried about the timescale. A deadline of 30 November was set for the return of all reactions to the report but, at the same time, we were told last week that the legislation is at an advanced stage of preparation. This gives me the impression that we have put the cart before the horse. If local people are just beginning to comment on what they want but the legislation is at an advanced stage, it seems there is something wrong.

I would be happy if the Minister or the Minister of State, with the Commissioners and the chief executive, met the local authorities and groups involved because one of the issues I came across while talking to the people concerned is that the groups, such as the North-West Cross-Border Group, would like local representation on the commission at a high level.

Everybody is fed up with paper exercises, where a piece of paper is passed along and people are asked to comment. The big example of that is that there are three elements to the Foyle Fisheries Commission review: salmon, seafish and shellfish. When we ask about seafish, for instance, this is supposed to be incorporated within or outside Lough Foyle depending on the date to which one refers.

On 12 November sea fishing was considered to be within Lough Foyle, but at some future time it might be considered to be seaward of the lough if such an extension of powers were considered necessary. I would like an assurance that the idea of expanding sea fishing outside Lough Foyle will not be considered. The activities of those involved in sea fishing are controlled by EU and national directives and more bureaucrcy is not needed. We want an assurance that the claim to sea fishing outside Lough Foyle will not be entertained. That view was expressed loudly and clearly by the people of that area.

There is an anomaly in talking about sea angling and incorporating it outside the lough. How can one boat be distinguished from another when they are coming in to shore? When working in a specific area, a boat must be boarded and searched to ascertain if it is a sea angling or a fishing boat.

Salmon fishing is the only area over which the commission has control and salmon licences are twice the price of licences under other regional fishery boards. The period during which salmon fishing is allowed is usually half that allowed under the other boards. Subsequently, the fish stocks are not high.

Everyone in the area is worried about the pollution aspect, conservation, protection and sustainability of the fishing stocks. They want what is in the common good. We are looking for a national strategy in this regard so that no one will be penalised. Foyle fishermen should not have to pay twice the amount paid by everyone else for a licence.

Regarding shell-fishing, people in the area want protection, conservation and research, but if the Foyle Fisheries Commission takes over responsibility in that area, 85 per cent of fishermen will come from the Donegal direction and only 15 per cent from the Northern countries. Management of that type of fishing must be local because locals know the spawning, nursing and high yield areas. They know their resource. Representation must be local and at a high level. Those are the reasons local knowledge is needed before legislation is introduced and when introduced management will still be required at a high level to ensure that Foyle fisheries continues to expand in the way everybody wants it to. People want only what is in the best interest of fishing and that can only be achieved through the highest level of co-operation between the relevant bodies. The problem is that we seem to get drips of information — one minute the sea fishing area is within the Foyle and the next it is outside it. I have not been able to ascertain from parliamentary questions the area in question on a map.

The fishing area outside Lough Foyle covers a large area. People want to be able to follow EU and national directives and fishermen in the Lough Foyle area want protection of the stock the pollution controls, but under the management of local representatives and, if possible, with a local input from commissioners at a high level.

I thank Deputy Keaveney for raising this issue. The Foyle Fisheries Commission is a unique cross-Border statutory body established in 1952 under parallel primary legislation enacted by the Northern Ireland and southern Legislatures. The need for a cross-Border fishery protection body in this area arose from the absence of an agreed jurisdictional boundary between Northern Ireland and the South in Lough Foyle and the adjoining sea areas. It was impossible to regulate and control exploitation of the salmon stocks in these areas and serious over fishing of the stocks developed. As a result, the commission was established with the devolution to it, by both jurisdictions, of powers to regulate salmon and freshwater fisheries.

While reasonably effective in securing its primary objective of achieving adequate breeding stocks of salmon throughout the Foyle system, the commission, largely because of legislative and financial constraints, has been unable to develop the fishery resources of the Foyle area to their full potential or to maintain a profile which would reflect favourably on such a unique example of cross-Border co-operation. This arises because the commission, unlike fisheries boards in the South, does not have a development function under its present statutes so that it is unable to tap the not inconsiderable funds available from IFI and EU sources to carry out desirable and publicly demanded fishery development projects within the Foyle area.

Because it lacks the powers to license and control aquaculture development, considerable development potential for shellfish farming in Lough Foyle continues to go untapped and private enterprise promoters are unable to avail of national and EU grants to exploit a proven resource there. Moreover, due to lack of regulation, wild shellfish stocks in the lough are seriously depleted.

Against this background the two sponsoring Departments commissioned in 1993 a review of the commission's operations, funding, structure and staffing which was overseen by a steering group comprising senior officials from the two Departments with the support of consultants. The main recommendations resulting from this review, which was undertaken by KPMG Managing Consultants, were that the commission's remit with respect to salmon and inland fisheries should be expanded to enable it to undertake development work in relation to the fishery resource and by promoting, developing and improving facilities for angling and that the role of the commission should be extended to include regulation and licensing of shellfish farming and marine aquaculture and the regulation of sea fishing within Lough Foyle. The report recommended that the devolution of powers in relation to sea fishing might relate to Lough Foyle initially but that provision should be made to allow an extension of these powers to the parts of the Foyle area seaward of Lough Foyle at some future time, if such an extension of powers was considered necessary. I can assure the Deputy that such an extension is not in prospect.

The report also recommended that the existing structure of the commission should not be changed, but the advisory council, representative of fisheries' interests within the Foyle area, should be restructed to allow it play a more meaningful role in the direction of the commission with an executive committee being established to supplement the advisory council and work very closely with the commissioners and commission staff in determining and monitoring the operational strategy of the commission. Furthermore, the report recommended that a new post of chief executive should be created and that new headquarters premises and equipment for the staff be acquired.

Those and other recommendations of the review were accepted by both Governments and legislation is now under preparation in both jurisdictions to implement them. It is hoped to have this legislation in place next year.

The employment of a new chief executive was arranged under existing legislation and Mr. R.J. Derick Anderson commenced employment as the chief executive on 15 January 1996. In addition, the commission has been successful in securing almost £700,000 since 1994 under the EU Fisheries Surveillance Programme. A new seagoing fisheries patrol vessel was acquired under this programme and commenced operations during the 1995 season. Funding under this programme has also been used to address the deficiencies identified in the review in so far as equipment and vehicles are concerned.

I am also pleased to report that the commission was successful in its application for funding under the salmonid enhancement scheme administered by the Department of Agriculture in Northern Ireland. Under that scheme, funded under the special support programme for peace and reconciliation, the commission will receive more than £240,000 up to the end of 1997 in respect of the establishment of a hatchery, the installation of fish counters and fishing surveys.

A number of other legal and technical issues have been agreed with Belfast as requiring amendments to the Foyle legislation over and above the items covered in the recent review. It is proposed to take the opportunity to make the necessary changes which, accordingly, have been incorporated in the draft heads. They include strengthening the enforcement powers of authorised officers, those who support them and private river watchers and providing additional protection against the use of specified undesirable fishing gear and empowering the commission to fix fishery rates.

In the meantime, the commission has issued a consultation document and invited views from interested parties, North and South, on how it might carry out these new roles.

The implementation of these proposals will have positive economic benefit for the fisheries resource as a whole in the cross-Border region and will enable the Foyle Fisheries Commission to realise new opportunities for development and strategic planning on an efficient and effective basis.

The Dáil adjourned at 10.40 p.m. until 10.30 a.m. on Wednesday, 11 December 1996.

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