Drift-net sea fishing not breaching directive

THE European Commission (EC) has requested Ireland to take further steps to ensure that, from next year onwards, its wild salmon fishery fully respects the terms of the habitats directive.

The case centres on the use of drift nets at sea.

If Ireland fails to take the appropriate remedial action, the commission may decide to bring a case before the European Court of Justice.

The habitats directive is the now commonly applied name for Council Directive 92/43/EEC of May 21, 1992 on the Conservation of Natural Habitats and of Wild Fauna and Flora.

Before taking any action, however, the EC officials would be wise to read the directive more carefully.

In the pertinent section, Annex V, ‘Animal and Plant Species of Community Interest Whose Taking in the Wild and Exploitation may be Subject to Management Measures’, the Atlantic salmon is listed as follows: ‘Salmo salar (only in fresh water)’.

Similarly, the Irish regulations implementing the directive, European Communities (Natural Habitats) Regulations (S.I. No 94 of 1997), confer the same degree of protection.

Thus, under the habitats directive, the salmon, as an exploitable species, is only protected in fresh water.

Ipso facto, drift-net fishing at sea does not contravene the EU habitats directive.

Irrespective of one’s view of drift-net fishing for salmon, it would be wrong and disingenuous on the part of the commission, which is being constantly lobbied by angling interests, to try to use a legal instrument incorrectly to ban the industry.

In any event, the European Court of Justice would be unlikely to uphold any proceedings taken against Ireland in this respect under the directive.

Perhaps a wiser alternative course of action would be for the EC to encourage the Government to enter talks with the drift-net fishermen with a view to a voluntary cessation that entails appropriate compensation.

John Lucey

Dukesmeadow Ave

Dukesmeadows

Kilkenny