Interpreting fisheries legislation is not ‘one size fits all’
Francis O’Donnell, IFPO
Being the first mover in business normally equates to an economic advantage. This is drummed into us by business schools worldwide.
When it comes to implementing EU fisheries legislation, Ireland is normally the first out of the traps, galloping to catch the hare at the other end of the field. But does this give us an economic advantage?
IFPO’s chief executive Francis O’Donnell believes penalty-point system is in disarray
Fisheries legislation is critical to protect fish stocks at national and EU level. There is no dispute about this. Implementing legislation for your own fleet while other Member States avoid or circumvent punitive fisheries legislation however poses a major political and economic problem. And this issue will be further frustrated as we move towards the demersal landing obligation.
This was evident recently when a Danish vessel was detected fishing illegally in the Celtic Sea by the Irish Navy. The vessel managed to buy the necessary quota retrospectively, while its control authority refused to apply penalty points, despite being advised of the infringement by the Sea Fisheries Protection Authority.
The vessel was clearly fishing illegally and is now being protected by its own control authority. To be fair, the SFPA and the Irish Navy have tried to resolve the issue with the Danish Authorities and the European Commission, but to no avail at this point.
There is an uncomfortable truth in all of this.
When I joined the IFPO I was sceptical when I regularly heard that Ireland’s fishers were operating on an unlevel playing field. But if you take the penalty-point system and the ERS systems alone, one cannot say otherwise.
EU legislation and national interpretation of same has created a massive economic disadvantage for the Irish fishing industry while creating the potential for major economic advantages for others, as we can see from the above situation.
What is clear is that an Irish vessel that fishes illegally in Irish waters will be subject to the penalty-point system, while a vessel from another Member State may not. And the two vessels may be fishing within 500 metres of each other. It simply means that currently, the most punitive EU fisheries control measure can only be applied nationally.
How long can we as an industry accept this? More importantly, can our public representatives continue to stand over this?
We were promised that the ERS system would allow for real-time analysis and a proper harmonised EU control system. If Irish fisheries officers cannot tell whether a foreign whitefish vessel has quota or not, and more importantly the exact amount available to it, then it is clear that Ireland is punishing itself economically while other Member States are using the system to their economic advantage.
We have seen very little in the fisheries media relating to complaints from other European Fish Producer Organisations about the penalty-point system. I don’t blame them; it’s there on paper only.
Our fishing interests are being eroded economically as a result of Ireland’s interpretation of EU fisheries legislation. Being a first mover has not afforded us any economic advantage; in fact it’s quite the opposite.
