Irish fishing industry snapshot on 2015
Christmas note to members of the Irish Fish Producers Organisation
Dear Members,
The December Council is now over. We have received a mixed bag in terms of our fishing opportunities for 2015. There are some slight improvements in area VI, and in area VII nephrops; howeer we are exposed to more cuts in many of our Key whitefish species, especially in the Celtic Sea.
This will be problematic for the TR1 fleet. Many of our pelagic stocks will also see cuts in 2015, coupled with an increased level of controls. This is coming on the back of poor prices for herring this year and a market problem for mackerel.
In the lead up to this year’s Council we made it abundantly clear to Minister Coveney and senior department officials that the industry were losing confidence. We keep adopting technical measures in various fisheries but never seem to reap any rewards.
It will be impossible to implement the landing obligation in 2016 for the demersal sector if people cannot be confident that when adopting such measures, a reward will follow.
The IFPO has been clear on this. Many trials took place this year in various fisheries trialling different gear types in preparation for the impending landing obligation. There were various degrees of success attached to different gear configurations.
We need to be proactive as a PO, but careful that we don’t set ourselves up for a major fall in the future.
How the data from these trials is used will be critical. Towards the latter part of the year the IFPO came under pressure to agree a closure on the Aran Nephrop grounds for 2015. We rejected this proposal out of hand but gave a commitment to work with scientists in 2015 to resolve and reverse where necessary diminishing nephrop stocks on the Aran grounds.
We advised the minister ‘not’ to make an announcement at Council that Ireland would take national measures in 2015. He would not have our support. We clashed on this issue, but I advised him that I had a clear mandate from my members. I have no doubt that this issue will be raised in 2015 again.
Most of you are aware that a pelagic landing obligation will enter into force in January 2015. There is now doubt over whether the legal framework exists to implement a landing obligation for the pelagic fisheries beginning in January. We will advise members once we know for sure.
We have yet to receive a satisfactory answer to the issue of overshoot in the final haul of the season for pelagic vessels. The IFPO raised this issue at the inaugural meeting of the discard implementation group (DIG). It will be prohibited to slip them.
However, the DAFM are insisting that no over quota volume can be landed as quota is a national asset and not an individual entitlement. This is in conflict with the landing obligation and their stance is in my opinion is illegal.
There is no clarity as to what will happen when a vessel lands a pelagic species that it does not have quota for. Pelagic weighing occupied a significant amount of IFPO time and resources this year.
The SFPA attempted to implement a totally unworkable landing SOP which would have damaged our industry immensely. This was in the main driven by staff who were not satisfied with current controls.
It would be wrong of me not to highlight that certain factories and vessel owners had impeded and obstructed Fisheries Officers. This ultimately led to a standoff between FIF, the IFPEA and the SFPA this summer.
We were successful in reaching many solutions such as making sure that weighing takes place over the flow belt at the factories, and not at the pier as the SFPA were insisting. However, the SFPA are insisting that the CCTV aspect of their new controls will not go away and that factories will have to stream their operations live to the SFPA head office and regional offices.
This has not been resolved at the time of writing and it may transpire that some factories will ‘not’ have weighing permits issued to them as a result of not deploying CCTV.
We still have the pelagic freezer trawler problem on the west and south coast and have been advised by the SFPA that at any given moment in time, they do not know what exact quota these vessels have. I raised this issue at Council with minister Coveney. I pointed to the excessive levels of controls being applied to Irish vessels, while foreign vessels go virtually uncontrolled. This simply cannot continue and is a priority issue for the IFPO for 2015.
Through the SFPA consultative committee the IFPO protested at this and has gone on record by saying that this is “simply not good enough”. We intend to open this discussion at the first meeting of the consultative committee in January 2015.
I was appointed to the vice chair position of the horizontal working group on discards at the NWWRAC and to the Chair of WG 4, the Irish Sea at the NWWRAC. This will be important when advising the Member States group on discard plans. We intend to hold a series of workshops in January and February 2015 to put forward our views to the member states.
We managed to get agreement at the NWWRAC that a slow phasing in of the landing obligation was the only possible way to get buy in from the industry. However, the Commission are anxious to achieve FMSY targets sooner rather than later.
NGOs such as PEW, OCEANA, Seas at Risk, Client Earth are lobbying very hard to see the new CFP implemented to the letter of the law. They were also working hard and networking at the December talks in Brussels.
Our friend Maria Damanaki has now been appointed head of the NGO, The Nature Trust. This is the level of infiltration being realised by these organisations. They are beating us hands down in terms of PR.
As always, members were subjected to the usual red tape when dealing with bread and butter issues with organisations such as the MSO in terms of KWs. Trying to even establish the track record of capacity which was for sale proved more than frustrating.
I only learned this year that rented capacity with track record could lose its track record status if mixed with non track record capacity if out on loan for a short period only.
The results of the challenge by the mussel dredgers under Voisinage have left a number of worrying developments. As a result of the challenge that failed in the High Court, Northern Ireland vessels can now fish up to the rocks along the Irish coastline. Technically, any vessel registered in NI can do the same. This includes pelagic vessels.
This decision will be challenged in the Supreme Court. The SFPA have begun to implement the penalty point system. This penalty point system under the control regulation allows for penalties to be applied to the fishing vessels capacity, the licence holder and master of the vessel.
When a vessel is sold and the capacity split, penalty points follow every segment of the capacity. I am aware that a number of Irish vessels have received penalty points. I know of one who is tied up for three months at present.
The department and the minister have now launched a public consultation process to allow the points to follow the master as the control regulation was vague on this. The consultation is also asking us for our opinion on a fixed penalty system for smaller offences.
These are two different systems. I must point out that a person who receives penalty points can appeal it to the appeals officer at the SFPA. They can go to court to fight the judgment against them, and may win.
However, the way the legislation is worded the points remain, something I cannot come to terms with. This is, in my opinion, is totally contrary to natural Justice.
The IFPO has engaged Dermot Conway as our legal adviser on fisheries related matters. I felt that it was time for us as an organisation to be more strategic in how we deal with the SFPA, the MSO, and the department itself.
Members are free to hire any solicitor of their choice, I would advise you all not to pick a solicitor from the yellow pages, and to call me for advice if you are in need of legal representation. I believe that Dermot Conway has the knowledge and expertise to assist the IFPO in managing its business.
The capital allowances issue has raised its head again in relation to share fishermen. We sought legal advice on this and can furnish that advice to any member on request. We need to keep a very close eye on this one as revenue has a different interpretation.
We will however take them on if necessary. We have submitted a funding application under the EMFF. It’s called a ‘production and marketing plan’ and is a new requirement set down by the Commission. If we are successful we may be in a position to take on two new staff next year.
I hope to try and grow our PO with this funding, instead of constantly running it at a loss. Membership fees are not enough but essential at the same time, and I thank you for your continued support.
We had our AGM in Dingle on the 5th of December. We had a good turnout and discussed many of the pressing issues facing fishermen. I would like to thank you all for travelling the long distance and for your continued commitment as members.
This is your organisation and I will endeavour to do my best for you all in 2015. Have a happy and safe Christmas.
Francis O’Donnell (CEO)
Cara Rawdon (Chair)
John Ward
