Birdwatch Ireland says it is “deeply concerned” at a refusal by the Court of Appeal to continue the Government’s interim ban on large vessels fishing inside the six nautical mile zone.
The stay was applied for by Minister for Marine Charlie McConalogue, pending a Court of Appeal ruling on a permanent ban.
A full hearing took place on June 22nd, and judgement was reserved.
The case arose after former marine minister Michael Creed announced in December 2018 that vessels over 18 metres (m) would be excluded from trawling inside the six nautical mile zone and the baselines from January 1st, 2020.
A three-year transition period was granted for vessels over 18m targeting sprat, as the fishery is concentrated inside the six nautical mile zone.
Birdwatch Ireland says the ban followed extensive consultation and was supported by “expert analysis by the Marine Institute and the Bord Iascaigh Mhara”.
“These reports highlighted that restricting the access of larger vessels inside the six nautical mile zone would lead to improved protection of coastal environments and essential fish habitat, benefitting marine biodiversity and commercially exploited fish stocks,” the NGO said.
“They highlighted the socio-economic benefits for the smaller inshore vessels, that constitute the vast majority of Ireland’s registered fishing vessels. The potential benefits included diversification opportunities, more jobs, and added value of landings,” it said.
“Improved management of inshore waters could be achieved by aligning fishing more closely with local ecological and environmental objectives and by reducing conflict between mobile and static gears,” it said.
It said it could also strengthen the link between local fish resources and local economies.
Two fishermen sought a judicial review, challenging the validity of the policy. The High Court ruled on October 6th 2020 that the policy was made in breach of fair procedures, and was void and/or of no legal effect.
After a call by a number of NGOs, the minister appealed the High Court decision to the Court of Appeal.
Birdwatch Ireland policy officer Fintan Kelly said that it was of “serious concern”, that 2019 sprat catches increased significantly - relative to 2016-2018 - to 13,000 tonnes, at a value of approximately €3.5 million.
“Anecdotal evidence from inshore fishermen and anglers around the coast suggest that landings in 2020 may again be an increase on 2019 levels putting significant pressure on the marine environment,” he said.
“We now fear that overfishing of sprat will again occur this winter because of this ruling,” Kelly said.
He noted that European sprat is a critically important species, linking plankton and top predators including seabirds and marine mammals.
Sprat are also an important forage fish species for commercial fish species like herring, Kelly said, and overfishing poses “a significant risk to the health of commercial fish stocks which poses socio-economic implications for the fishing industry”.
“This is especially relevant when considering that three out of the five herring stocks that Irish fisher’s exploit has collapsed, and have zero catch advice for 2021,” he added.
He said BirdWatch Ireland’s research shows that sprat is an important prey species for 12 out of the 23 regularly occurring breeding seabirds in Irish waters. Many of these species are Amber-listed birds of conservation concern.
Overfishing sprat is also a threat to the whale species that pass through Irish waters during the summer months and which rely heavily on Sprat, he said, with up to half of the fin whale diet and 70 per cent of the humpback whale diet relying on young sprat and herring.
