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#Fishing - Marine Minister Michael Creed noted yesterday’s (Thursday 17 May) issue by the EU Commission of a Letter of Formal Notice as a first step in formal infringement proceedings being taken against Ireland for not implementing the new penalty points systems for sea fishing boat skippers and license holders.

The EU provisions for points for skippers is general in nature and requires primary legislation, while the provisions for licence holders are set down in detail in the EU Regulations and may be implemented by means of secondary legislation through a Statutory Instrument.

In relation to the points system for licence holders, on 20 March this year Minister Creed signed into law the European Union (Common Fisheries Policy) (Point System) Regulations 2018 (SI No 89 of 2018), which establishes a point system that will apply to the licence holder of a sea fishing boat when a serious infringement of the rules of the Common Fisheries Policy is detected within Ireland’s 200-mile exclusive fishery zone by all fishing vessels, both Irish and foreign.

This Statutory Instrument replaces a previous regime which was struck down by the Supreme Court following a successfully challenge by the fishing industry.

“The new SI has taken on board the Supreme Court judgements and also satisfies Ireland’s legal obligations under the Common Fisheries Policy and will address the infringement proceedings issued by the EU Commission on this matter today,” Minister Creed said.

In addition, the minister intends to submit in the near future a Memorandum to Government seeking approval for the drafting of a bill to provide for inter alia the separate EU points system for skippers, and forward the general scheme for consideration to the Oireachtas Joint Committee on Agriculture, Food and the Marine in the context of pre-legislative scrutiny.

Noting the receipt of the EU Commission’s formal notice, the minister said it “indicates that Ireland has two months to submit observations and I look forward to furnishing the commission with a detailed response advising that a system applying points to licence holders has been put in place already, and that I am working to introduce primary legislation in respect of masters of fishing vessels as a matter of urgency.”

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Ireland would have breached EU law had it not implemented a new points system last weekend for serious infringements by fishing vessel licence holders, says the government in response to criticism from the Irish Fish Producers' Organisation.

The relationship between the Department of Agriculture Food and the Marine and the Irish Fishing Industry has now reached an all time low, according to the Irish Fish Producers' Organisation. This follows the Minister signing into law a new penalty points system 'without consultation with the industry' and after the High Court had dismissed the previous system.

'Nothing can be considered lower than penalising someone who has been found innocent by a court of having committed an offence. There is neither a legal nor moral basis for this. It is totally unacceptable and it’s important that the public are made aware of this," said the Chief Ececutive of the IFPO, Francis O'Donnell. Fishermen are expected to go back to the High Court over the situation.

In response the Department of Agriculture, Food and the Marine told Afloat.ie:

The EU Fisheries Control Regulation requires Member States to have in place legal provisions to implement a Points system for serious infringements of the EU Common Fisheries Policy. This EU Points system is applicable to all fishing vessels which fish in the Irish exclusive fisheries zone, whether they be Irish or Foreign flagged.

Ireland had previously implemented the required EU Points system for serious infringements by fishing vessel licence holders by means of a Statutory Instrument which gave effect to the EU requirement in Irish law . This Statutory instrument was the subject to two recent High Court challenges and was struck down. The two High Court Judgements are subject to appeal.

As Ireland is required to have in place a legal instrument implementing the EU Points system a new amended legal instrument was drafted and put in place which took on board, to the extent possible, issues of concern in relation to procedures and process which had been highlighted in the High Court Cases.

The replacement legal instrument , with amended procedures and processes, (S.I. No. 125 of 2016 - European Union (Common Fisheries Policy) (Point System) Regulations 2016) was signed by the Minister on 1 March 2016 so as to avoid a legal lacunae , which would have meant the EU Points system would not have been applicable to Irish or Foreign flagged vessels for serious infringements of the EU Common Fisheries Policy in the Irish 200 mile zone. This new legal instrument adopts the requirements of Article 92 of Council Regulation(EC) No. 1224/2009 of 20 November 2009 and Title VIl of Commission Implementing Regulation (EU) No. 404/2011 of 8 April 2011. In accordance with the regulations this instrument establishes the required EU point system, with amended procedures and processes, which will apply to the Licence Holder of a sea-fishing boat when a serious infringement of the Common Fisheries Policy is detected within the Exclusive Fishery Limits of the State or for an Irish vessel, wherever it may be.

It is important to note that the assignment of points is an administrative act and separate from a prosecution for a fishery offence for breaches of the common fisheries policy. Therefore to await the outcome of the results of a prosecution for fishery offence does not comply with European Union law.

Points are assigned to the licence holder. In the majority of cases the Licence Holder is a different person or legal entity to the person on the vessel who commits an offence and who will be prosecuted. Therefore there is no connection between the assignment of points and the prosecution by the Courts of offences under fishery law.

The EU regulations require that points be assigned from the date of the detection of the 'serious infringement'. That requires that the procedures are sufficiently swift to be determined in as short a time as possible. Fishery prosecutions may take some considerable time before they are finally determined.

To await the outcome of a prosecution therefore would put Ireland in breach of EU law as this would result in considerable delay particularly as the assignment of points is separate to and not dependant on a conviction in the Courts and, as the licence holder (the person assigned the points) is generally not the person prosecuted.

In bringing in this Statutory Instrument it was necessary to strike a balance between Ireland's obligations under EU law with a system that gives licence holders a fair hearing, along with ample opportunity to deal with any issue a licence holder may have. This was done by setting up determination panels and a right to apply to an independent adjudicator thereafter if the licence holder is dissatisfied with a determination of the panel. This is an independent and robust system intended to achieve the objective of the common fisheries policy which is the conservation of fish stocks to secure the future of the fishing industry. The purpose of conservation of fish stocks is twofold. Firstly, as an end in itself to preserve the fishing resources for all and for future generations. Secondly, to reassure the majority of law abiding Irish fishermen fishing within the rules that the State is taking seriously their concerns that a fishing industry can be maintained for them and those coming after them. The conservation of this precious and valuable resource is in everyone's interest and is vital for the future of the Irish fishing industry .

The Sea Fisheries Protection Authority is determined as the competent authority for the administration of the points system including the establishment of the determination panel and the assignment of points.

Published in Fishing

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