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Significant progress made on Danish mackerel dispute

12/14/2021

 

Festive cheer otherwise in scant supply at Fisheries Council  
​

Killybegs Fishermen’s Organisation (KFO) CEO, Seán O’Donoghue has welcomed a declaration issued by the Council of EU Fisheries Ministers aimed at resolving the mackerel dispute between Denmark and Ireland. However, he conceded that this agreement aside, it was a case of “little done, lots left to do” at the annual meeting of the Council of Fisheries Ministers which concluded in Brussels this morning.

Mr O’Donoghue said that this outcome provided an injection of confidence on the critical wider issue of burden-sharing whereby the industry here is seeking an equitable solution to the outrageous scenario which sees Irish fishermen saddled with 40% of the EU’s fisheries loss to Britain, post-Brexit.

“We are confident that when all the facts are fully examined rather than the rhetoric, it will be shown that the incorrect methodology had been used by the Commission in setting the Danish mackerel quota in Norwegians waters, which will now be rectified for 2022. The declaration provides a roadmap to achieving this. This issue was a key priority for us and we are pleased that we have managed to eke out a fairly strong resolution thereon.
“Ahead of this Council, I had warned that the new system which sees Britain negotiate directly with the EU on fisheries quotas, means that the Council is now being held in a vacuum bereft of critical information regarding key stocks. A fundamental overhaul of the current system is urgently needed with fishermen entitled to some sort of certainty in order to manage their businesses for the year ahead.

“Of the 55 stocks shared with the UK which are important to the Irish fleet, only two, sole and plaice off the west coast of Ireland have had quotas set for the next year, meaning most of the Irish industry is again left to plan for 2022 without a plan.

“We had requested that the seasonality of our pelagic fisheries such as mackerel, horse mackerel, blue whiting and boarfish, which are mostly fished in the first quarter of the year had to be addressed if provisional ‘Total Allowable Catches’ (TACs) and quotas were set for the first three months. Allowing only 25% of our quotas to be caught in this period is neither credible nor realistic. For the most part, this was achieved with mackerel, blue whiting and Atlanto Scandia herring set at 100%. Horse mackerel was set at 70% and regrettably boarfish at just 30% which is unworkable.

“Unfortunately, the Council did not address massive mackerel over-fishing by Norway and the Faroe Islands during 2021 which is jeopardising the sustainable management of the stock. However Minister McConalogue did reiterate his supportive position on this issue calling for a range of appropriate measures against Norway and the Faroes, if they continue set inflated unilateral mackerel quotas,” concluded Mr O’Donoghue.

Brexit residue erodes Fisheries Council clout

12/9/2021

 

​Handcuffed negotiators unlikely to resolve key fisheries issues
​

The Killybegs Fishermen’s Organisation (KFO) has expressed its serious misgivings ahead of the annual meeting of the Council of Fisheries Ministers which commences in Brussels this weekend. It believes that an industry already in a state of heightened anxiety regarding Brexit losses is again in a nigh impossible situation since the real decisions impacting Irish fisheries for 2022 and beyond, are being taken at separate negotiations between the EU and UK.

Seán O’Donoghue, CEO of the KFO said: “The Commission is likely to propose provisional TACs (Total Allowable Catch) and quota figures for next year. This is as a result of the fact that we are awaiting the outcome of EU/UK bilateral negotiations which affect 75 shared fish stocks, most of which are crucial to the Irish fleet. Based on past experience, I wouldn’t be holding my breath that these bilaterals will have wrapped up in time to give Council the necessary data with which to make final TACs and quotas for next year.

The more probable scenario is that the Council will set provisional TACs and quotas. This is totally unsatisfactory and caused a major problem for our fishing sector last year with the final figures published seven months into the year. Further compounding this, we had the huge impact of Brexit on our key stocks. It is of critical importance that what happened in 2021 is not repeated for 2022.

Seasonal fisheries such as mackerel, horse mackerel, blue whiting and boarfish are predominantly worked in the first quarter of the year so instructing fishermen that they can only catch a certain percentage of their allocations during ‘peak season,’ is neither credible nor realistic. The KFO is also concerned in relation to a number of whitefish stocks given the scientific advice being presented to EU and UK negotiators and the impact the trilateral negotiations EU/Norway/UK could have on significantly decreasing the TAC for haddock in Northwest where an increase of 125% is expected.

Furthermore, I have requested immediate action by the Minister and the Commission to urge Norway and the Faroe Islands to stop the massive overfishing of mackerel in the Northeast Atlantic which is jeopardizing the sustainable management of the stock. It is critical that the Council of Ministers act decisively against this irresponsible and reckless behaviour and I am calling on our Minister to ensure that this is dealt with at the Council.

Finally, the Council must be made aware that Minister McConalogue, our Commissioner and our Government as a whole, are unequivocally committed to delivering on ‘burden sharing’ amongst the Member States post Brexit to rectify the appalling vista whereby Irish fishermen were saddled with 40% of the EU’s fisheries loss to Britain. A recent fleet report from the Commission’s own Scientific, Technical and Economic Committee on Fisheries (STECF) has confirmed these figures are correct. The ball is firmly in their court now and we’re demanding urgent action on this issue.”
​
The KFO expects, as in previous years, after the usual battles that ‘The Hague Preferences’ - which see Ireland getting elevated quotas for a number of key species, will be delivered.

Guilty until proven innocent, the lot of Irish fishermen

12/1/2021

 

EU Commission refuses fishermen sight of contentious report

Fishermen are demanding sight of a control audit report which allegedly makes a range of damaging allegations against the sector but to which they have been denied access for more than three years.
Killybegs Fishermen’s Organisation (KFO) CEO, Seán O’Donoghue said the Commission is playing the role of judge and jury, with the fishing industry being refused the basic right to establish what it might stand accused of.
“Natural justice assumes an absence of bias and the right to a fair hearing but for Irish fishermen, it would appear that this is a bridge too far. This is borne out in the European Commission’s sustained refusals to release findings of an audit around fishing practices which concluded in 2018 and subsequently formed the basis of a new investigation into the sector.
“Since we’ve never seen the actual audit report nor the investigation’s findings, we’ve only learned anecdotally that it found Ireland lacked a weighing system fit for purpose and permission for all fish to be weighed in factories was duly removed earlier this year. The only information fishermen have is coming from media reports and political utterances which hint at all sorts of horrific punishments coming down the track in the form of slashed quotas and massive fines.
“Our inability to be able to defend ourselves is already having a huge impact. The removal of the weighing permits in the factories last April was, according to the Commission, based on the findings of these reports. Fish must now be weighed at the point of landing which is wholly unworkable and having a detrimental effect on product quality, markets and operational efficiency.
“We met with the Commissioner for the Environment, Oceans and Fisheries, Virginijus Sinkevičius in Killybegs in September. To the fore on our agenda was to formally establish what both the audit and the three-year inquiry have uncovered to date. Mr Sinkevičius claimed the inquiry was ongoing with the Irish authorities and much to our amazement, he said he wasn’t aware that industry has been refused access to the information,” said Mr O’Donoghue.
“The old adage ‘innocent until proven guilty’ is being applied in reverse here. It’s high time for the Commission to play fair with Irish fishermen and give our much-maligned industry a chance to defend itself in order to work together to ensure fairness, sustainability, transparency and a seascape which gives those employed therein an opportunity to make a viable living in a post-Brexit world. This Kafkaesque charade in which we find ourselves, belies the very Charter of Fundamental Rights of the European Union which states clearly that the presumption of innocence should be respected. Unfortunately the experience of Irish fishermen has been a very different one,” he concluded.
​
Further information:
Seán O’Donoghue - 087 4196535

KFO welcomes High Court ruling against SFPA

6/4/2021

 

Authority acted ‘ultra vires’, states judge
​

The Chief Executive of the Killybegs Fishermen’s Organisation, Seán O’Donoghue has welcomed today’s High Court ruling which found against the Sea Fisheries Protection Authority (SFPA) for its failure to approve a new state-of-the-art conveyor belt fish weighing system.

The judicial review was taken jointly by the KFO and Pelagic Weighing Services Ltd (PWS) in response to the SFPA’s refusal to consider and determine the application for approval of the ‘Flowscales’ built on the pier in Killybegs at a cost of €409,000.

In his ruling, Justice Garrett Simons stated: “The Sea-Fisheries Protection Authority has acted ultra vires by continuing to withhold approval for the pier-side weighing facility at Killybegs Port by reference to the ‘ownership’ concerns raised by the European Commission. There is no legal basis for these concerns and the Sea-Fisheries Protection Authority has not sought to argue otherwise.”

Commenting on the outcome, KFO Chief Executive, Seán O’Donoghue said: “We stated that the SFPA acted outside of its powers, the relevant regulations and Irish and European law in determining on December 4th last the Flowscales must be owned, operated and used by a public body and in refusing the PWS request for approval for the Flowscales. We also correctly claimed that the SFPA acted in breach of fair procedures, arbitrarily, unreasonably and irrationally in refusing that approval.

“We had put on record on numerous occasions, that we were outraged that an SFPA diktat to unilaterally impose a new policy of unpacking and weighing fish on the pier before repacking and ultimately spoiling the fish could have been considered without any advance notice. This was ultimately what led to us having to take legal recourse on the matter. Moreover, we had been and are still being, explicitly denied access to any reports or correspondence between the Commission, DAFM and the SFPA on this issue.

“Fundamentally, this is about landing and processing catch as efficiently and expediently as possible to ensure the fish is fresh and ready for market thereby allowing our members to make a living.

“We are very pleased that our position has been vindicated and that such a comprehensive ruling was reached. While we were completely and utterly convinced that our case was sound, we regret that the only avenue open to us to counter SFPA moves to impact punitively on our livelihood, is to resort to legal action. Nonetheless, we in the industry have, and continue to be, more than willing to work with the SFPA on finding workable solutions to all and any issues which arise,” stated Mr O’Donoghue.
ENDS
Further information
Seán O’Donoghue
087 4196535

Fishing industry expresses no confidence in Sea Fisheries Protection Authority

5/11/2021

 

Catch weighing fiasco is final straw for frustrated fishermen
​

 
The Sea Fisheries Protection Authority is not fit for purpose and needs to be reset as a matter of urgency, according to the representative groups for Ireland’s fishing and fish processing industry.

Speaking ahead of a Joint Oireachtas Committee hearing tomorrow (Tuesday, May 11th), industry representatives were scathingly critical of the organisation, which was established as independent statutory body responsible for the regulation of the sea-fisheries and the seafood production sectors but has failed miserably to do this in an effective manner. As a consequence, it has effectively wreaked havoc upon the industry.

The most recent example involves Irish fishermen, who were left completely stunned and extremely annoyed at changes in practices around weighing catch on piers which were foisted on the industry with zero consultation from 13th April last, based on a European Commission Decision.

“We are simply flabbergasted that this bewildering move which has such a direct and draconian impact on all aspects of Irish fisheries, could be considered without any advance notice. Moreover, we have not been given access to any information to justify this crude action by the Commission. In fact, we have been explicitly denied access to any reports or correspondence between the Commission, DAFM and the SFPA on this issue.”
“This ‘bombshell’ has the potential to have a massive negative impact on the pelagic, demersal and shellfish sectors and will not be accepted by industry. We are calling on our line Minister and wider Government as well as the SFPA to immediately put right this ludicrous scenario which they should not have created in the first instance” stated the five organisations.

The committee will also probe the findings of a PwC report into the organisational capability of the SFPA published last year, which found that: “the SFPA is not working effectively and requires urgent attention….. Relationships and trust have been impacted by a range of issues…. Relationships with various stakeholders, to lesser or greater degrees, are challenging. These issues are impacting performance and the organisation is not operating as a cohesive unit….. In the short term, this will require the SFPA to reset the dial, both in terms of the strategic plan for the organisation and its interactions with staff and stakeholders. This is critical.” [1]

​This joint statement was issued on behalf of the Killybegs Fishermen’s Organisation (KFO), Irish Fish Producers Organisation (IFPO), Irish South and East Fish Producers Organisation (ISEFPO), the Irish South and West Fish Producers Organisation (ISWFPO) and the Irish Fish Processors and Exporters Association (IFPEA).


[1] https://data.oireachtas.ie/ie/oireachtas/debates/questions/supportingDocumentation/2020-10-15_pq303-15-10-20_en.pdf

Burden sharing imperative for survival of Irish fishermen

2/10/2021

 
Government must urgently redouble its effort
The Killybegs Fishermen’s Organisation (KFO) has reacted angrily to suggestions from the European Commission that there would be no reallocation of fish stocks between EU countries to ease the burden faced by Ireland, post Brexit.

Charlina Vitcheva, Director-General for Maritime Affairs and Fisheries defended the fact that Ireland is contributing €40million of the €184million of fish being transferred by the EU to the UK stating, “we’ve been trying to level out the burden between the member states concerned, but inevitably Ireland is so much closer and so much interlinked in terms of fisheries activities with the UK, so it is inevitable.”

However KFO CEO, Seán O’Donoghue has taken umbrage at the comments stating that this is an ill-informed comment that does not stand up to a factual analysis of the Trade and Cooperation Agreement (TCA) and there is no way that Ireland is going to tolerate a situation whereby its fishermen are thrown to the wolves on the double, as a result of Brexit.

 “We have formally requested our Government to go back to Brussels and initiate an immediate process whereby the eight other EU coastal countries step up to the plate to take a proportionate hit on fisheries as part of the Brexit deal. We believe that the pain must be shared equally, as was stated by the European Fisheries Alliance (EUFA) when it set out in its mission statement that no single sector should bear a disproportionate burden once Brexit was done. The Government must redouble its efforts in light of Director-General’s poorly-judged remark.

“Before Brexit, about 30% of fish caught by the Irish fleet was from UK waters. This was cut by an average of 13% in the deal but our two main fisheries mackerel and prawns were cut by 26% and 14% respectively. In comparison, the Belgian fleet which caught over 50% of its fish in UK waters and is facing an average reduction of only 6%. The Danish fleet, which caught under 50% in UK waters, is facing average reduction of 8% and the French fleet which caught about 36% in UK waters is facing an average reduction of just 6%.

“Brexit has resulted in a UK fishing windfall of €184million from the EU which consists of a staggering €40million - with mackerel at €26million and prawns at €7million making up almost 83% of this figure of Irish fish gift-wrapped for the UK. Based on a simple burden sharing equation with the nine member states involved, Ireland should be shouldering a loss of €20million - not €40million as was foisted upon us.

“There is a precedent for achieving this and it harks back to the mid-1970s when ironically, the UK benefited from a process of reducing the percentage quota share of other member states in order to protect its fishing sector. It also benefited from the Hague Preferences which gave both the UK and Ireland additional tonnage of certain species. Burden sharing or ‘equalisation’ as it was known, saw Britain compensated for forfeiting certain stocks and grounds to the tune of 90,000 tonnes of fish valued at €80million which came from the other Member States.

“Our ask now is that the EU revisits this policy traditionally referred to as jurisdictional and third country losses/gains and Hague Preferences and applies the same rationale and fairness in order to render our key fisheries viable after the crippling and unsustainable divvied out by Brexit.

“In the waters off Donegal alone for instance, an eye-watering 82% of stocks in tonnage terms - both pelagic (mackerel, herring and blue whiting) and demersal species (monkfish, megrim, haddock, cod and saithe) - have been forfeited to Britain in the crudest and most brutal example of how Brexit has shafted fishermen in the North West”,

“What’s perhaps most galling about the loss of mackerel is that the fish are spawned in Irish waters. While we cannot nor do not claim ownership of them, we’re now being discriminated against catching the fish off the coast of Scotland when they are in their prime and at their most valuable as a result of the 26% reduction in our quota. In essence, we’re providing the fish for Britain to net, we’re a ‘mackerel maternity ward’ for others to profit from. We now have a miserly share of 16% whereas the UK - mainly Scotland - has 70%”. stated Mr O’Donoghue.

He concluded his remarks by imploring the Irish Government as well as Irish MEPs to urgently redouble their efforts on burden sharing with the other member states and take the Commission to task in order to ease the crippling angst and sustained uncertainty being visited upon fishermen here.


ENDS
Further information
Seán O’Donoghue
087 4196535

Brexit deal fails Irish fishermen

12/24/2020

 

KFO demands compensation in mackerel quota transfer from other EU members
The Killybegs Fishermen’s Organisation (KFO) has said the Brexit deal reached this evening has demonstrated the duplicitous nature of these protracted negotiations and expressed its dismay at how repeated guarantees given to Irish fishermen have, effectively been shredded.

Having secured a host of written commitments in official documents pertaining to the fisheries sector post-Brexit, KFO Chief Executive, Seán O’Donoghue said four and a half years of agreements had for all intents and purposes, been dishonoured by the negotiators.  

Mr O’Donoghue stated:

“We cannot stand idly by and allow decades of investment in developing a successful enterprise, to be sacrificed by the shape of this very poor deal.

“In spite of a seismic effort to redress the imbalance of the proposed deal in recent days, not enough has changed and our highly-developed mackerel fishery stands to lose out dramatically. While the full detail of the text is not yet available, it will require very close examination and analysis. Make no mistake - we will be seeking compensation from our EU colleagues to put right this grievous wrong.
“We won’t accept this. Moreover, we fully expect the Irish Government to deliver the requisite compensation in the form of transfer of mackerel quota from the other EU coastal states which pro rata, have seen a much less severe impact on their respective mackerel fisheries,” he concluded.

​
ENDS
Further information:
Seán O’Donoghue
087 4196535

Government must not stand idly by and sacrifice Irish fishing industry

12/21/2020

 
KFO aghast at proposal to throw fisheries ‘under the bus’
​
The Killybegs Fishermen’s Organisation (KFO) has implored the Irish Government to honour the commitment made to the fishing sector in the mandate given to EU Chief Negotiator, Michel Barnier.
Having invested more than four years in ensuring that fisheries remained at the very heart of the talks, KFO Chief Executive, Seán O’Donoghue said that all that work is now in serious jeopardy.

Mr O’Donoghue stated:
“The shape of a deal, as currently stands will spell the ruination of the Irish seafood sector which directly supports more than 16,000 jobs and is worth more than €1.2billion annually to the Irish economy. Our industry is literally and metaphorically on the brink and in spite of repeated promises made, we are in the throes of being sold down the river.

“The one thing we wanted to avoid was a ‘no-deal’ situation in the interests of all our fishermen but the deal which is now being proposed is every bit as bad. We are looking at vicious and unprecedented cuts on our pelagic, shellfish and whitefish stocks. *

“This is galling and if the Irish Government doesn’t stand up for its fishermen and honour its written agreement made during the arduous Brexit negotiations, it could spell the death knell for an industry which has contributed so much to coastal communities. Our fishermen must be protected as they risk life and limb to provide fresh food in the most unforgiving environment on earth.
“While our industry has faced down many serious, serious challenges down through the years and has proven itself to be resilient, versatile and determined, this is a desperate slap in the face and potentially the single-biggest and most catastrophic setback of our time.”

ENDS
Further information:
Seán O’Donoghue
087 4196535
 
* Pelagic stocks consist of mackerel, horse mackerel, blue whiting and herring while whitefish includes cod, haddock, whiting, monkfish, megrim, hake, plaice, sole and nephrops (Dublin Bay prawns). 

Brexit uncertainty to severely hamper fisheries negotiations

12/14/2020

 
Unprecedented backdrop for annual EU fisheries council talks
The Killybegs Fishermen’s Organisation (KFO) has expressed a note of caution ahead of the annual meeting of the Council of Fisheries Ministers which commences in Brussels tomorrow (Tuesday, December 15th).  It believes that an industry already in a state of heightened anxiety regarding Brexit is now in a nigh impossible situation to chart its course for 2021, when the future impact of Brexit on the sector remains unknown. The negotiations to set Total Allowable Catches (TACs) and quotas for the year ahead, take place over two days, (December 15th and 16th).

Seán O’Donoghue, CEO of the KFO said: “Exactly 12 months ago, we made reference to the ‘metaphorical calm before the storm’ against which last year’s Council outcome was delivered. That storm in the form of Brexit, has still not passed. While we remain hopeful that a deal will be reached, we believe that setting three-month quotas based on last year, for the first quarter of next year, will cause a major problem.
Seasonal fisheries such as mackerel, horse mackerel and blue whiting are predominantly worked in the first quarter of the year so instructing fishermen that they can only catch 60% of their allocations during ‘peak season’, is neither credible nor realistic.

We also have a major issue around the ‘Hague Preferences’ which have routinely seen the UK and ourselves, secure an additional increase in volume in key stocks. As the UK will no longer form part of the EU’s TACs and quotas system after December 31st, it is critical that Ireland’s Hague Preferences are copper-fastened and that the Hague Agreement of 1976 - particularly Annex VII - continues to be fully honoured.

There are other complex strands to the negotiations around shared stocks of which there are 119 out of 146 divided with the UK. This will require a bilateral with the UK and also a trilateral between the EU, Norway and the UK as well as a bilateral between EU and Norway. None of these negotiations have happened due the protracted Brexit backdrop. This is a Council like nothing which has ever gone before,” concluded Mr O’Donoghue.

The KFO held a lengthy meeting with Minister Charlie McConalogue in Donegal last week ahead of this week’s Fisheries Council which for the first time, it cannot attend in person. It will support his endeavours to deliver the best deal possible in terms of sustainable and economically viable fishing opportunities for Ireland for 2021. However, the caveat remains that this is nigh impossible without a final conclusion of Brexit negotiations.


Further information:
Seán O’Donoghue
087 4196535

Britain can’t have its cake and eat it

10/11/2020

 

UK cannot expect to retain EU membership fishing benefits, post-Brexit
​

The complexity of moulding Britain’s future relationship with the EU is nowhere more evident than in fisheries where the UK cannot expect to retain the privileges of membership while blocking its erstwhile European colleagues from its waters and doubling its catch. That’s according to Killybegs Fishermen’s Organisation (KFO) CEO, Seán O’Donoghue who said it would be rank hypocrisy for the UK to expect to slam the door and keep the gains it enjoyed while part of the EU.

Mr O’Donoghue is adamant that the UK should no longer benefit from the additional fishing opportunities it was granted after joining the EEC in 1973, particularly when the total allowable caches and quotas were decided in the early eighties.

After the UK joined the European Union, it was compensated for potential losses of fishing opportunities in third country waters due to the extension of Exclusive Economic Zones (EEZ) in 1976 to 200 miles. This amounted to 26% (volume) increase in fishing opportunities covering seven species, added to the UK historical catches in establishing its final percentage share out known as relative stability. These additional opportunities were duly taken out of the share of other member states.

Mr O’Donoghue said: “When you leave a club, you relinquish the privileges that were afforded to you when you were a member. It’s a simple as that. It is crystal clear, the 26% increase in fishing opportunities which was granted by the EU to the UK should end with UK membership.

“With Britain now playing hardball on fisheries and fighting to doubling its catch, the EU negotiators must clearly spell out that the starting point in any fisheries negotiations has to exclude any additional catches it obtained, as part of the EU.  On top of this, the UK was also in receipt of another inducement in the shape of ‘Hague Preferences’ which amounts to an additional increase in volume in certain stocks.

“All four Irish producer organisations will be making that point to the Taoiseach, the Minister for Foreign Affairs and the Minister for Agriculture, Food and the Marine tomorrow (Monday) when we meet to discuss the potential impact of Brexit on our industry,” concluded Mr O’Donoghue.

The KFO position is fully supported by the European Fisheries Alliance (EUFA) * which is roundly calling for the UK not to enjoy both independent coastal state status and the benefits of EU membership.
ENDS
Further information:
 
Seán O’Donoghue
087 4196535
 
* The European Fisheries Alliance (EUFA), which was established less than two months after the British vote to exit the EU, sets out to protect the interests of fleets from national organisations in Belgium, Denmark, France, Germany, Ireland, the Netherlands, Poland, Spain and Sweden. The alliance accounts for over 18,000 fishermen and 3,500 vessels with an annual turnover €20.7 billion. 
​
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