The Gazette 1993

GAZETTE

MARCH 1993

In the foreword Mr. Lochrin states:-

"The seminar was intended to mark

a turning point by bringing together

a broad spectrum of people in an

interchange of views from different

perspectives'that would in turn,

hopefully, stimulate a sustained

interest in the sector."

The seminar was one of a number of

promotions designed to highlight the

plight of the Irish fishing industry in

the lead-up to the "Review of the

Common Fisheries Policy" (CFP)

then due in 1992.

On Ireland's entry to the EEC,

Ireland's fishing industry was in its

infancy, it was operating on limited

catching capacity, with haphazard

stastics, and was over-shadowed by

its better organised big brother -

agriculture. There is no doubt that

the Irish sea-fishing industry was

sacrificed at that time. Since then

the industry has grown, not only

in catching capacity operating

within very restrictive limitations,

but in efficiency, and in on-shore

production, into a multi-million

pound industry, giving employment

in peripheral areas, to those who

would otherwise have to emigrate.

It was against this background that

the seminar had been organised, and

the publication ensued.

Robin Churchill,

Senior Lecturer, in

the Law Centre for Marine Law and

Policy, University of Wales, Cardiff,

author of "EEC Fisheries Law" and

acknowledged authority on the

Common Fisheries Policy, was the

anchor around which the seminar

was moored. His paper outlined the

evolution of Community fisheries

law. He dealt with the vexed

question of access by fishermen,

from one Member State to the

waters of other Member States

("international access") and access

to the fishing industry within

individual States ("national

access").

TACS and quotas are the common

coinage of community jargon. Total

allowable catches (TACS) and quotas

which form the cornerstone of the

Community system of fisheries

management were addressed by him.

He considered technical conservation

measures, the enforcement by

member States of Community law,

and dealt with the supervision of

the catching capacity of fishing fleets.

Rory Conway,

a well known solicitor

from Cork, dealt authoritatively with

"Prosecutions for breaches of

Fisheries Law". Mr. Conway has

represented the defence in many

prosecutions over the last number of

years, and has acquired a

considerable volume of expertise. He

outlines the procedures involved,

including the escorting of the

suspected vessel to the nearest and

most convenient port, the powers of

detention of the Sea Fisheries

Officer, and the bringing of the

defendant before the District Court

as soon as may be. He highlights the

penalty for indictable offences of

illegal fishing, and attempting to fish

illegally, as being a maximum of

£100,000, plus the mandatory

confiscation of all catch and gear

found on board.

Commenting on the penalty

structure for Fisheries Officers, he

says:- "It is the most elastic logic to

provide that the maximum penalties

for having a full hold of small fish

are the same as for not having the

ship's numbers painted in black and

white on the hull."

Denis Yule,

a veteran advocate for

the defence in Scottish Courts,

brought his considerable expertise to

bear in delivering a most interesting

paper, highlighting some substantial

differences between fisheries

prosecutions in Scotland and

Ireland. In Scotland, policing of

fishery offences is conducted on a

two tier basis. Producers

organisations, such as the IFPO here

in Ireland, have statutory power to

levy civil fines against their members

for exceeding quotas allocated.

Fishermen, who are not members of

an organisation, get their licence

directly from the State,

and are subjected to Criminal

Prosecution by the State.

Patrick McCarthy,

Solicitor,

Skibbereen, Co. Cork, who acts on

behalf of many commercial sea

fishing interests, and on behalf of

the owners of French fishing vessels

arrested by the Irish authorities,

dealt with "Sea Fishing Boat

Licences". He distinguished between

the issuing of a licence by the

Department of Marine under the

Fisheries Acts, and the registration

of the vessel under the Merchant

Shipping Act, 1894, and the

Mercantile Marine Act, 1955. He

dealt with the new fishing register

for fishing boats, set up under "The

Merchant Shipping (Registry,

Lettering and Numbering of Fishing

Boats) Regulations 1989" and with

the difficulties facing the Irish

industry in relation to reduction in

total tonnage, and the transfer of

tonnage. He distinguished between

the almost arbitary powers of the

Minister for the Marine in granting

fishing licences with the controls on

the issuing of liquor licences by the

Court.

Malachy Boohig,

State Solicitor for

West Cork, highlighted the difficulty

for the Navy on the prosecution side,

having regard to the magnitude of

the law applicable to technical

offences emanating from the

Community.

Frank O'Donnell,

your reviewer, who

chaired the seminar, dealt with the

legal aspect of purchasing a fishing

vessel.

The publication contains a synopsis

of the relevant EEC Fisheries

Regulations, the main Irish statutory

instruments, and a synopsis of the

Fisheries Act, 1959 to 1983.

For anyone involved in the sea-

fishing industry, this is a very

useful reference book, available

from the Irish Centre for European

Law Limited, Trinity College,

Dublin 1.

Frank O'Donnell