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Legislation aimed at reducing microplastic pollution in marine and fresh waters has been enacted by the Government, four months after the EU gave clearance for the move writes Lorna Siggins

The Microbeads (Prohibition) Act 2019 (Commencement) Order 2020 was signed into law earlier this month by Minister for Planning and Local Government Eoghan Murphy and came into effect yesterday.

As Afloat reported last October, a small number of EU member states have introduced similar measures in relation to cosmetics and personal care products, Ireland has “gone further” and “extended these prohibitions to household and Industrial cleaning products”, Mr Murphy’s department says.

The Act prohibits “the manufacture or placing on the market of cosmetics and personal care products that may be washed or rinsed off with water, as well as household and industrial cleaning products, and that contain plastic microbeads”.

“Placing on the market is defined as “to sell; offer or expose for sale; advertise or invite an offer to purchase; distribute free of charge; import or export; or supply for any of those purposes (whether or not for profit)”.

The Act also makes it an offence to dispose of any substance containing microbeads by pouring it down the drain or into marine or freshwater environments.

The aim is to protect marine wildlife and the environment.

The Environmental Protection Agency has been assigned responsibility for implementing the legislation, with support from Customs officials and the Gardaí.

A person summarily convicted under the legislation could receive a Class A fine and//or a prison sentence of up to six months.

Conviction on indictment may mean a fine of up to €3,000,000 and/ or a prison sentence of up to five years.

The department said that Ireland would “continue to work” with the European Commission and other EU member states to develop “further robust regulatory measures to address microplastic pollution”.

Published in Marine Wildlife
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The EU has permitted the Irish government to introduce legislation restricting use of plastic microbeads to protect marine wildlife and the environment writes Lorna Siggins.

Minister for Housing, Planning and Local Government Eoghan Murphy confirmed the European Commission’s clearance last night (Wed), and said he hoped the new legislation would be in place as soon as possible.

“While several states legislated to prohibit personal care products containing plastic microbeads Ireland will be the first EU member state to extend such prohibition to detergents, abrasive scouring agents and other cleaning products," he said.

Mr Murphy also announced initiation of an expert group to advise on expanding Ireland’s marine protected areas (MPAs).

He was speaking at An Taisce’s annual Clean Coasts “Love Your Coast” photography awards in The Morrison Hotel, Dublin.

Mr Murphy acknowledged that plastic microbeads “represent only one element of the microplastics in our oceans”.

“However, it is estimated that many billions are being washed down the drain and into the world’s rivers, lakes and seas each year. Once in our rivers and seas, they can last for centuries without breaking down. Aquatic animals may ingest them and they cannot be removed once they are in the marine environment,”he said.

The Microbeads (Prohibition) Bill 2019, which is at committee stage in the Dáil, required EU approval, due to its proposed restriction on the free movement of goods in the European single market.

The legislation will provide for a prohibition of the “manufacture, import, export or sale of products containing intentionally added plastic microbeads, to include “rinse-off” personal care products, detergents, and domestic and industrial abrasive cleaning products and scouring agents”.

Mr Murphy submitted a derogation notification for the Bill to the European Commission on 19th July 2019, along with detailed technical documentation supporting the justification for the restriction on environmental grounds.

The notification carried with it a three month standstill period during which time the legislation could not be enacted in compliance with EU legislation, and that standstill period concluded on October 21st.

The legislation provides that the Environmental Protection Agency is responsible for implementation, Mr Murphy said.

It proposes that a person convicted would receive a Class A fine and/or a prison sentence of up to six months on summary conviction, or a fine of up to €3,000,000 and or a prison sentence of up to five years on indictment.

“While this is an important step, it is only one of many measures we will have to introduce over the coming years to reduce the level of litter and plastic pollution entering our seas and oceans,” Mr Murphy said.

In addition to introducing national legislation, the Government has been “actively supporting the development of measures at EU-level to tackle plastic waste including through the European Strategy for Plastics in a Circular Economy adopted in January 2018”, he said.

Mr Murphy also said he intended to bring forward primary legislation to designate marine protected areas (MPAs) next year, and plans to “significantly expand” Ireland’s network of such protected zones to meet current internationally agreed target of ten per cent.

He said it was central to Ireland’s implementation of the EU Marine Strategy Framework Directive, the OSPAR Convention, and commitments under the UN Sustainable Development Goals and the UN Convention on Biological Diversity”.

He said that he had invited Professor Tasman Crowe, director of the Earth Institute and associate dean of science at University College, Dublin to chair an expert advisory group.

“The other members of the advisory group will be selected from across a range of sectors and will consist of members with appropriate national and international expertise,” Mr Murphy said, and its composition would be “announced shortly”.

“Their work will include reviewing existing protection measures and advising me on the processes required for the creation of MPAs,” Mr Murphy said.

The group “will also consider the gaps in existing legislation to underpin such a network” he said, and he expected the work would take place over a period of six months. The report with recommendations would “feed into the development of this important new legislation”, he said.

MPAs can take a variety of forms ranging from exclusive marine reserves to areas allowing sustainable use and restricting specific activities, Mr Murphy’s department said.

“Ireland's future network may include the incorporation of existing marine Special Protection Areas (SPAs) and Special Areas of Conservation (SACs) under the Birds or Habitats Directives. It may also incorporate protection measures established under the Common Fisheries Programme (CFP) and other conservation and protection measures,”it said.

“MPAs can also play a role in mitigating the effects of climate change and ocean acidification by ensuring that the marine ecosystems are healthy and resilient and by safeguarding the marine environment’s current role as a natural storage of carbon,” it said.

Ireland, through the EU, is a party to the UN Convention on Biological Diversity (CBD).

It has agreed that “by 2020, at least 17 per cent of terrestrial and inland water areas and 10 per cent of coastal and marine areas, especially areas of particular importance for biodiversity and ecosystem services, are conserved through effectively and equitably managed, ecologically representative and well-connected systems of protected areas and other effective area-based conservation measures, and integrated into the wider landscape and seascape”.

Published in Marine Wildlife

Irish Fishing industry 

The Irish Commercial Fishing Industry employs around 11,000 people in fishing, processing and ancillary services such as sales and marketing. The industry is worth about €1.22 billion annually to the Irish economy. Irish fisheries products are exported all over the world as far as Africa, Japan and China.

FAQs

Over 16,000 people are employed directly or indirectly around the coast, working on over 2,000 registered fishing vessels, in over 160 seafood processing businesses and in 278 aquaculture production units, according to the State's sea fisheries development body Bord Iascaigh Mhara (BIM).

All activities that are concerned with growing, catching, processing or transporting fish are part of the commercial fishing industry, the development of which is overseen by BIM. Recreational fishing, as in angling at sea or inland, is the responsibility of Inland Fisheries Ireland.

The Irish fishing industry is valued at 1.22 billion euro in gross domestic product (GDP), according to 2019 figures issued by BIM. Only 179 of Ireland's 2,000 vessels are over 18 metres in length. Where does Irish commercially caught fish come from? Irish fish and shellfish is caught or cultivated within the 200-mile exclusive economic zone (EEZ), but Irish fishing grounds are part of the common EU "blue" pond. Commercial fishing is regulated under the terms of the EU Common Fisheries Policy (CFP), initiated in 1983 and with ten-yearly reviews.

The total value of seafood landed into Irish ports was 424 million euro in 2019, according to BIM. High value landings identified in 2019 were haddock, hake, monkfish and megrim. Irish vessels also land into foreign ports, while non-Irish vessels land into Irish ports, principally Castletownbere, Co Cork, and Killybegs, Co Donegal.

There are a number of different methods for catching fish, with technological advances meaning skippers have detailed real time information at their disposal. Fisheries are classified as inshore, midwater, pelagic or deep water. Inshore targets species close to shore and in depths of up to 200 metres, and may include trawling and gillnetting and long-lining. Trawling is regarded as "active", while "passive" or less environmentally harmful fishing methods include use of gill nets, long lines, traps and pots. Pelagic fisheries focus on species which swim close to the surface and up to depths of 200 metres, including migratory mackerel, and tuna, and methods for catching include pair trawling, purse seining, trolling and longlining. Midwater fisheries target species at depths of around 200 metres, using trawling, longlining and jigging. Deepwater fisheries mainly use trawling for species which are found at depths of over 600 metres.

There are several segments for different catching methods in the registered Irish fleet – the largest segment being polyvalent or multi-purpose vessels using several types of gear which may be active and passive. The polyvalent segment ranges from small inshore vessels engaged in netting and potting to medium and larger vessels targeting whitefish, pelagic (herring, mackerel, horse mackerel and blue whiting) species and bivalve molluscs. The refrigerated seawater (RSW) pelagic segment is engaged mainly in fishing for herring, mackerel, horse mackerel and blue whiting only. The beam trawling segment focuses on flatfish such as sole and plaice. The aquaculture segment is exclusively for managing, developing and servicing fish farming areas and can collect spat from wild mussel stocks.

The top 20 species landed by value in 2019 were mackerel (78 million euro); Dublin Bay prawn (59 million euro); horse mackerel (17 million euro); monkfish (17 million euro); brown crab (16 million euro); hake (11 million euro); blue whiting (10 million euro); megrim (10 million euro); haddock (9 million euro); tuna (7 million euro); scallop (6 million euro); whelk (5 million euro); whiting (4 million euro); sprat (3 million euro); herring (3 million euro); lobster (2 million euro); turbot (2 million euro); cod (2 million euro); boarfish (2 million euro).

Ireland has approximately 220 million acres of marine territory, rich in marine biodiversity. A marine biodiversity scheme under Ireland's operational programme, which is co-funded by the European Maritime and Fisheries Fund and the Government, aims to reduce the impact of fisheries and aquaculture on the marine environment, including avoidance and reduction of unwanted catch.

EU fisheries ministers hold an annual pre-Christmas council in Brussels to decide on total allowable catches and quotas for the following year. This is based on advice from scientific bodies such as the International Council for the Exploration of the Sea. In Ireland's case, the State's Marine Institute publishes an annual "stock book" which provides the most up to date stock status and scientific advice on over 60 fish stocks exploited by the Irish fleet. Total allowable catches are supplemented by various technical measures to control effort, such as the size of net mesh for various species.

The west Cork harbour of Castletownbere is Ireland's biggest whitefish port. Killybegs, Co Donegal is the most important port for pelagic (herring, mackerel, blue whiting) landings. Fish are also landed into Dingle, Co Kerry, Rossaveal, Co Galway, Howth, Co Dublin and Dunmore East, Co Waterford, Union Hall, Co Cork, Greencastle, Co Donegal, and Clogherhead, Co Louth. The busiest Northern Irish ports are Portavogie, Ardglass and Kilkeel, Co Down.

Yes, EU quotas are allocated to other fleets within the Irish EEZ, and Ireland has long been a transhipment point for fish caught by the Spanish whitefish fleet in particular. Dingle, Co Kerry has seen an increase in foreign landings, as has Castletownbere. The west Cork port recorded foreign landings of 36 million euro or 48 per cent in 2019, and has long been nicknamed the "peseta" port, due to the presence of Spanish-owned transhipment plant, Eiranova, on Dinish island.

Most fish and shellfish caught or cultivated in Irish waters is for the export market, and this was hit hard from the early stages of this year's Covid-19 pandemic. The EU, Asia and Britain are the main export markets, while the middle Eastern market is also developing and the African market has seen a fall in value and volume, according to figures for 2019 issued by BIM.

Fish was once a penitential food, eaten for religious reasons every Friday. BIM has worked hard over several decades to develop its appeal. Ireland is not like Spain – our land is too good to transform us into a nation of fish eaters, but the obvious health benefits are seeing a growth in demand. Seafood retail sales rose by one per cent in 2019 to 300 million euro. Salmon and cod remain the most popular species, while BIM reports an increase in sales of haddock, trout and the pangasius or freshwater catfish which is cultivated primarily in Vietnam and Cambodia and imported by supermarkets here.

The EU's Common Fisheries Policy (CFP), initiated in 1983, pooled marine resources – with Ireland having some of the richest grounds and one of the largest sea areas at the time, but only receiving four per cent of allocated catch by a quota system. A system known as the "Hague Preferences" did recognise the need to safeguard the particular needs of regions where local populations are especially dependent on fisheries and related activities. The State's Sea Fisheries Protection Authority, based in Clonakilty, Co Cork, works with the Naval Service on administering the EU CFP. The Department of Agriculture, Food and Marine and Department of Transport regulate licensing and training requirements, while the Marine Survey Office is responsible for the implementation of all national and international legislation in relation to safety of shipping and the prevention of pollution.

Yes, a range of certificates of competency are required for skippers and crew. Training is the remit of BIM, which runs two national fisheries colleges at Greencastle, Co Donegal and Castletownbere, Co Cork. There have been calls for the colleges to be incorporated into the third-level structure of education, with qualifications recognised as such.

Safety is always an issue, in spite of technological improvements, as fishing is a hazardous occupation and climate change is having its impact on the severity of storms at sea. Fishing skippers and crews are required to hold a number of certificates of competency, including safety and navigation, and wearing of personal flotation devices is a legal requirement. Accidents come under the remit of the Marine Casualty Investigation Board, and the Health and Safety Authority. The MCIB does not find fault or blame, but will make recommendations to the Minister for Transport to avoid a recurrence of incidents.

Fish are part of a marine ecosystem and an integral part of the marine food web. Changing climate is having a negative impact on the health of the oceans, and there have been more frequent reports of warmer water species being caught further and further north in Irish waters.

Brexit, Covid 19, EU policies and safety – Britain is a key market for Irish seafood, and 38 per cent of the Irish catch is taken from the waters around its coast. Ireland's top two species – mackerel and prawns - are 60 per cent and 40 per cent, respectively, dependent on British waters. Also, there are serious fears within the Irish industry about the impact of EU vessels, should they be expelled from British waters, opting to focus even more efforts on Ireland's rich marine resource. Covid-19 has forced closure of international seafood markets, with high value fish sold to restaurants taking a large hit. A temporary tie-up support scheme for whitefish vessels introduced for the summer of 2020 was condemned by industry organisations as "designed to fail".

Sources: Bord Iascaigh Mhara, Marine Institute, Department of Agriculture, Food and Marine, Department of Transport © Afloat 2020