EU directive can be applied to salmon drift nets

JOHN LUCEY (Irish Examiner letters, August 23) argues that under the habitats directive, salmon are only protected while in fresh water and that, therefore, the EU Commission is in error in contending that drift netting at sea for salmon cannot be brought within the terms of the directive.

He is wrong. If Mr Lucey had spent more time reading the entire directive he would have come across article six which lays an obligation on governments to take account of events happening outside special areas of conservation which impact on protected species within such areas.

It then lays down precise procedural requirements which must be followed if the favourable conservation status of the species is going to be affected by these events. That is the basis on which the EU commission has threatened action against Ireland. In their press release of July 3, 2006, the EU commission said that “under the directive, the annual authorisation (of drift netting) must be subject to a prior scientific assessment. Authorisation of the fishery is possible only where the assessment confirms that no negative effects will arise or where, alternatively, the conditions for an exception or derogation are met. The 2006 assessment showed negative effects, but drift-netting was nevertheless authorised by the Irish authorities. The commission considers it very important that compliance is achieved in 2007 and beyond. Following discussions with the Irish authorities, the commission is encouraged by Ireland’s commitment to bring decisions on the fishery into line with scientific advice from next year onwards”.

The enforcement people in the EU’s Directorate General for the Environment who deal with the habitats directive on a daily basis are unlikely to have set themselves up for such an easy defeat in the European Court of Justice, as Mr Lucey suggests they have.

However, it is now extremely unlikely that the matter will ever end up in that court given the Government’s commitment, announced on March 24, to align fully with the scientific advice on salmon management from 2007.

Our campaign agrees with Mr Lucey that the drift net fishermen should receive fair compensation to redress any hardship arising from the ending of drift-netting.

Niall Greene

Chair

Stop Salmon Drift

Nets Now

Raheen

Lisnagry

Co Limerick