Council Regulation (EC) No. 850/98 lays down technical conservation measures for the protection of juvenile marine organisms. However, Article 43 of this Regulation provides for a derogation from these measures (mesh size and other technical stipulations) for the purpose of scientific research. The cases referred to by the Deputy relate to scientific research being carried out with gill-nets with mesh sizes under 120 mm which are currently banned. The article stipulates that any such research must be carried out under the supervision of the Member State whose vessel is involved, and with advance notification to the European Commission and to the coastal state, in this case Ireland.
The Minister of State, Deputy Browne, and I do not accept the need for research involving the use of undersized mesh, and particularly not where the species in question is the subject of protection as part of a recovery plan.
In recent months Spanish vessels have carried out research into species such as hake, megrim and anglerfish, using undersized meshes. In July/August this year the Minister of State, Deputy Browne, and I became aware that French vessels were proposing to carry out such experiments in the hake and monkfish fisheries off the west coast. The Minister of State, Deputy Browne, immediately instructed officials to raise the matter with the European Commission and the French authorities, with the result that the French authorities instructed their vessels to withdraw the element of their research programme involving undersized meshes.
More recently, my Department received notification from the Spanish Ministry advising of their intention to carry out similar research in the hake and megrim fisheries. At the request of the Minister of State, Deputy Browne, officials of my Department have again expressed our very strong opposition to the proposal and asked the Commission to intervene to stop such fishing which is completely contrary to the EU plans for conservation and recovery of the stocks. The Commission has written to the Spanish authorities seeking a justification for the research programmes. Officials from my Department have also met with the Spanish authorities in relation to the matter. One such vessel was indeed arrested while discussions were ongoing with the Commission and the Spanish authorities, but was subsequently released on the basis that it was part of the research programme.
The Minister of State, Deputy Browne, has written to Commissioner Borg requesting an amendment to the EU Regulations so that the express approval of the coastal Member State would be necessary for research projects in their Exclusive Fisheries Zone. We will continue to press strongly for the introduction of the amendment over the coming weeks.
In the meantime, the Irish control authorities will continue to monitor the activities of any vessels carrying out research in Ireland's waters to ensure that the regulatory requirements are met.
