Dáil Éireann Debate, Tuesday - 5 October 2021
273. Deputy Pádraig Mac Lochlainn asked the Minister for Housing, Local Government and Heritage his plans, including timelines, for the establishment of the seafood working group which is planned to be a compensatory body to oversee any disruption caused to fishing livelihoods as a result of the designation of marine protected areas and installation of renewable energy sources; and if he will make a statement on the matter. [47826/21]
Amharc ar fhreagraAs I have previously outlined to the House, I am aware of the potential disruption to the livelihood of the Fisheries sector as a result of Off-Shore Renewal Energy (ORE) developments and the designation of Marine Protected Areas. Specifically in relation to ORE, the issue of diverse levels and standards of communications between the fisheries and ORE industries was first raised by members of the fisheries community at a National Marine Planning Framework (NMPF) public consultation meeting in Arklow held on 10/02/2020, which was one of a number of NMPF public consultation events held by my Department officials in the Marine Planning Policy and Legislation team across 2019 and early 2020.
Directly in response to those concerns, and also with the wider aim of promoting constructive engagement and consultation between the fisheries community and the ORE industry, I then instructed my Department officials to commence the formation of a Seafood/ORE working group, with the initial aim of agreeing a communications protocol between these two strategically important Marine sectors. During the last months of 2020, and at regular intervals throughout this year, constructive discussions and consultations on the draft terms of reference have been held between my Department, the Department of Agriculture, Food and the Marine, the Department of Environment, Climate and Communications and other relevant public sector bodies. Advice on International best practice has also been sought from, and consulted on, with neighbouring Maritime jurisdictions with experience in Fisheries/ORE Industry liaison. As a critical part of these engagements, officials from all three Departments participated in a Seafood sector information session, held online on July 22nd, in order to inform the Seafood sector of the intentions of the three Departments with regard to the Seafood/ORE working group. This information session was attended by the majority of the Irish Seafood sector organisations.
I acknowledge that the commencement of the Seafood/ORE working group has been delayed due to a number of factors, including Covid-related restrictions, the prioritisation of the finalisation process of the NMPF, and progression of the Maritime Area Planning Bill through the Houses of the Oireachtas, among other issues. My Department, working with the other two Departments involved in this group, are currently engaged in the process of identifying and appointing a Chairperson for the working group, and I will make an announcement on that in due course once that process is completed.
With regard to the issue of compensation, or a compensatory body, I wish to make clear that the initial focus of the working group will be on the aforementioned communications protocol. However, it is the intention of my Department that the Seafood/ORE group will, in time, address other issues affecting the Fisheries community, such as dislocation, co-existence, the impact of developments (including exploration of development sites), Safety at Sea.
The issue of compensation was something noted by my Department during the public consultation on the NMPF, as this was raised in submissions by several fisheries organisations. My Department has not yet formulated a definitive position, but is giving further consideration to the points raised in those public submissions as the NMPF moves toward the Implementation stages. Given their functional remit over fisheries and offshore renewables policy respectively, I intend to further consult with my colleagues the Minister for Agriculture, Food and the Marine and the Minister for Environment, Climate and Communications on this issue.
In recent correspondence to my Department, the National Inshore Fisheries Association and the National Inshore Fisheries Organisation jointly suggested the potential appointment of an independent arbitrator to address potential compensation issues. In this regard, my Department, and the other Departments involved, will be informed by the reports and suggested outcomes of the Seafood/ORE working group, and will consider this, and any other compensation-related proposal in further detail should the group propose similar. However, I do not wish to pre-empt the outcomes of any discussions that may take place within the confines of the working group.
Notwithstanding the commencement of the aforementioned group, and any formal consultation or engagement guidelines that may be subsequently developed by that group, my Department has worked across Government and with marine stakeholders to ensure the interests and rights of the fisheries community are clearly stated and represented in the Fisheries policy approach of the NMPF, in a way that complements other areas of fisheries management. In that regard, NMPF Fisheries Policy 1 states that;
‘’Proposals that may have significant adverse impacts on access for existing fishing activities, must demonstrate that they will, in order of preference: a) avoid, b) minimise, or c) mitigate such impacts. If it is not possible to mitigate significant adverse impacts on fishing activity, the public benefits for proceeding with the proposal that outweigh the significant adverse impacts on existing activities must be demonstrated.’’
While Fisheries Policy 2 states;
‘’Where significant impact upon fishing activity arising from any proposal is identified, a Fisheries Management and Mitigation Strategy (FMMS) should be prepared by the proposer of development or other maritime area use, in consultation with local fishing interests and other interests as appropriate. All efforts should be made to agree the FMMS with those interests. Those interests should also undertake to engage with the proposer and provide best available, transparent and accurate information and data in a timely manner to help complete the FMMS. The FMMS should be drawn up as part of readying a proposal prior to submission, with measures identified to be considered in finalising conditions of any authorisations granted. Development of the strategy should be coordinated with other relevant assessments such as EIA where possible. The content of the Fisheries Management and Mitigation Strategy (FMMS) should be relevant to the particular circumstances and could include:
- An assessment of the potential impact of all stages of the development or other suggested use on the affected fishery or fisheries, both in socio-economic terms and in relation to environmental sustainability. This assessment should include consideration of any impact upon cultural identity within fishing communities, as well as identifying indirect/in-combination matters.
- A recognition that the disruption to existing fishing opportunities/activity should be minimised as far as possible.
- Demonstration of the public benefit(s) that outweigh the significant impacts identified.
- Reasonable measures to mitigate any constraints which the proposed development or use may place on existing or proposed fishing activity.
- Reasonable measures to mitigate any potential impacts on sustainability of fish stocks (e.g. impacts on spawning grounds or areas of fish or shellfish abundance) and any socio-economic impacts.
Where it does not prove possible to agree the FMMS with all interests:
- Divergent views and the reasons for any divergence of views between the parties should be fully explained in the FMMS, and dissenting views should be given a platform within the said FMMS to make their case.
- Where divergent views are identified, relevant public authorities should be engaged to identify informal and formal steps designed to enable proposal(s) to progress.’’ (Pgs. 137, 138)
It should also be noted that Fisheries groups were represented on the Marine Spatial Planning Advisory group, who oversaw and informed the development of the policies referred to. These policies came into effect on the adoption of the NMPF in May 2021, and clearly indicate that developers cannot proceed with operations without due consideration for the impact of their activities on other marine users, with particular regard to the Fisheries community. The way in which Fisheries Policy 2 will be implemented will be a subject for consideration at the Seafood/ORE working group.
With regard to the designation of Marine Protected Areas (MPA), the final report of the MPA Advisory Group was published in Irish and English language versions on 26 January 2021 and is available via this link: Expanding Ireland’s Marine Protected Area Network.
In tandem with my Department’s detailed consideration of the expert group’s findings, a public consultation phase centred around the report and the wider MPA process began in mid-February 2021 and extended over more than five months to the end of July 2021.
This consultation and associated communications encouraged all stakeholders and the wider public to get involved by sharing their views on the process by which Ireland’s network of MPAs will be expanded into the future. In response to the open call to participate, in total more than 2,200 individual submissions were received by my Department from members of the public and other stakeholders.
An independent review and analysis of all responses to the public consultation is currently being carried out. The findings and conclusions from this study will be published in the form of a detailed report that presents key data and other information gathered through the public consultation process in an accessible manner. Informed by these important steps and the resulting information, my Department will begin developing legislation on the identification, designation and management of MPAs by November 2021. This work is expected to continue into 2022.
