Any move to reopen fishery would be a breach of our EU obligations
In 2008 the Minister for Communications, Energy and Natural Resources introduced a by-law to prohibit salmon fishing in the harbour area as three of the rivers that flowed into the harbour were closed to all exploitation of salmon.
A detailed and exhaustive public consultation took place and the by-law was introduced in August 2008 to prevent fishing in the area.
The standing scientific committee of the Salmon Commission advised that the proposed draft net fishery in the harbour amounted to a mixed stock fishery and that the fishing in the area would pose a threat to the objective of upholding the conservation limits there.
There was further advice from Dr Niall O Maoiléidigh of the Marine Institute, who reported to the Department of Communications, Energy and Natural Resources. He reaffirmed the fact that the harbour was a mixed stock fishery that posed a “continuing threat” to salmon stocks already below their conservation limits. He further asserted that the topography of the area and the number of contributory salmon rivers were such that the harbour was not an appropriate location for a fishery under any circumstances.
The commercial fishermen sought to have the by-law overturned in the High Court. They were unsuccessful and fishing did not take place in 2009. Justice Hedigan ruled that its introduction was necessitated by the state’s obligations under European law.
The by-law is still in place and the pilot fishery is being sanctioned for scientific purposes only. It is the contention of Salmon Watch Ireland that the fishery must cease immediately if salmon are taken from any river that is below the conservation limit as set by the standing scientific committee.
We believe the area in question, due to its wideranging and complex mixture of stocks, must be off limits to exploitation of any kind. Salmon Watch Ireland is broadly supportive of single stock exploitation by commercial and recreational/tourism interests but with stocks apparently in free-fall consideration must be given to reducing exploitation by all sectors.
In this case it is the geographic area of the fishery that concerns Salmon Watch Ireland. Any exploitation must take place only within the geographic boundaries of the Laune, Caragh, Maine, Emlagh and Behy, and not Castlemaine harbour into which these rivers flow.
If exploitation takes place in the harbour then over-exploitation of individual stocks will occur. A fishery confined to within the individual estuaries will to a large degree guarantee that available stocks are not over-exploited.
Another aspect of any fishery into the future must be proper and transparent management of the resource. The available surplus must be distributed in a uniform and equal manner to all stakeholders. Consideration must be given to fixing quotas on a time basis and not allowing a large proportion of salmon to be taken in one particular month. The quota for time periods must not be allowed transfer to another time period. This is already in vogue to control angling catches.
It is quite probable that salmon from other parts of the country and from rivers that are below their conservation limit will turn up in catches in the scientific pilot fishery and this is the very reason mixed stock fishing was banned in November 2006.
The fishermen in Castlemaine were offered a generous hardship fund which some of them accepted but others did not. It might be appropriate to reopen this scheme to allow these individuals be compensated.
It is very clear they received poor advice in that it was clear that this particular fishery would not be allowed to operate by virtue of the Government’s decision to manage stocks on a river by river basis.
If this fishery is reopened it will be a breach of our obligations to the EU under the habitats directive and a clear indication that local pressure has allowed the indiscriminate exploitation of a protected species, namely Atlantic Salmon, to take place.
Bob Wemyss
Secretary
Salmon Watch Ireland
Jerpoint Hill
Thomastown
Co Kilkenny
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