I propose to take Questions Nos. 216 to 225 inclusive, together.
As outlined in my response to Questions Nos. 283 284, 285 and 286 on 26 November 2009, given the implications of the scientific and management advice, the absolute necessity to conserve remaining European eel stocks and the obligation to contribute to the recovery of stocks in the shortest time possible, the National Eel Management Plan (EMP) (details of which are published on the Department's web site) recommended a number of management actions. These actions comprise the closure of the commercial and recreational fishery; ensuring upstream migration of juvenile eel at barriers and the mitigation of the impact of hydropower, including the introduction by the ESB of a comprehensive silver eel trap and transport operation on the Shannon, Lee and Erne rivers. The ESB is responsible for the fisheries above the hydroelectric dams in accordance with the Electricity (Supply) Acts and as such is a contributor to the implementation of the EMP.
The trap and transport operation, which is recommended by both the scientists and fishery managers and relies on the results of studies by the International Council for Exploration of the Sea, as quoted in the EMP, reduces the mortality of eels passing through the hydroelectric turbines.
The Deputy will be aware from the reply to his previous question that eel dealer licences, which are required if handling imported eels, are issued in accordance with Part X of the Fisheries (Consolidation) Act 1959 (as amended) by the relevant Regional Fisheries Board. Under the EC Regulation 1100/2007 measures must be taken by Member States to ensure the traceability of all live eels exported from their territory and such evidence may be required of eel dealers handling imported eels.
As I have no function in relation to the issue of these licences, I have asked the boards, which have issued eel dealer licences in 2009, to provide the information sought directly to the Deputy. I have been advised by the ESB that neither the ESB nor any employee of the ESB or ESB Fisheries Conservation hold an eel dealers licence. It should be noted that the fisheries boards monitor the trap and transport operations (including the release of fish to sea) and are therefore aware of the identity of the ESB contractors in their region.
As previously advised ESB have entered into contracts with eight parties to carry out trap and transport on the Rivers Shannon, Lee and Erne on their behalf. The selection and identity of contractors and the cost of the trap and transport operations, as well as the detail of contracts are operational matters for the ESB.
The Deputy should be aware that under Section 14 of the Fisheries (Consolidation) Act 1959, the Minister may authorise the capture of fish for the purpose of, inter alia, the improvement of any fishery. Such a permit was issued by the Department to the ESB in August 2009, to authorise the undertaking of trap and transport operations. This is the only such permit issued.
The EMP provided for the establishment of a Scientific Eel Group (SEG) to oversee implementation of the scientific elements of the EMP. This Group approved the protocols for the trap and transport operations. I have arranged to forward a copy of these detailed protocols directly to the Deputy.