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The European Ombudsman may be asked to examine the case of the Mary Kate, the fishing vessel which developed serious stability issues after it was bought by an Arklow family.

An Oireachtas committee has also agreed to appoint an expert to examine information surrounding the case.

Representatives of the departments of transport and agriculture, food and marine may then be invited before the committee after the expert report is completed.

The Joint Committee on Public Petitions and the Ombudsmen has proposed to take these actions after an initial hearing on the case in late February.

Arklow fisherman CJ Gaffney was invited to outline his experience, where he was left with debts of 1 million euro.

The committee had also invited Mary Bertelsen, campaigner and concerned citizen on people’s rights; Jakob Pinkster, Dutch stability and ship building expert; and Justin Delaney, stability expert.

Gaffney had tried unsuccessfully to take legal action in both the Netherlands and Germany after he discovered the stability issues with the vessel.

He told the committee members how he took out a loan to cover fixing the vessel and then had to surrender it to the bank in 2012.

He sought EU funds in compensation, but the EU said it was up to the national state as it was under 24 metres in length.

The vessel was broken up in New Ross, Co Wexford last year under the government’s decommissioning scheme.

Gaffney maintains that questions need to be asked at both national level and EU level as to how the beam trawler was issued with a stamped stability book from a renowned international classification society.

The committee members heard that 11 sister vessels were built, and three of them are similar to the Mary Kate – as in four “incorrect vessels” which were much heavier in the water.

Delaney said this had serious maritime safety implications, and said he had tried to raise the issue with the relevant German and Dutch authorities.

He expressed his shock that an EU investigation had not as yet been initiated, and said that the Gaffneys also deserved compensation for their ordeal.

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Independent Senator Victor Boyhan has given his backing to a skipper’s battle for redress over the purchase of a fishing trawler that proved to be dangerously unstable, according to The Fishing Daily.

As previously reported on Afloat.ie, CJ Gaffney and his father bought the beam trawler Mary Kate in the Netherlands in 2007.

The vessel was certified as safe by German authorities, but after a number of close calls where Gaffney says it “almost turned over”, it was discovered that 20 tonnes of unaccounted steel were in the hull.

The Gaffney family subsequently opted to lengthen the vessel for safety and it was issued a stability certificate by the Marine Survey Office in 2009.

But the remedial works left the family unable to afford a new fishing licence for the Mary Kate, and a potential sale to the UK was blocked by the Maritime and Coastguard Agency.

What’s more, the family attempted legal action against a number of parties including the German Marine Safety Authority but jurisdiction could not be established.

The boat has since been sold off by Gaffneys’ lenders and the family are left with an outstanding loan of €2 million.

A number of politicians have raised the Gaffney’ plight in both the European Parliament and the Dáil.

And Senator Boyhan, a former county councillor in Dun Laoghaire-Rathdown, is the latest to lend his support to the Arklow fishing family — calling on Transport Minister Eamon Ryan to have his department carry out a thorough investigation in to the matter.

“No words can describe the nightmare the family has lived through. They have lost their boat, their fishing licence, their fishing quota, their family investment,” he says.

“They have lost their livelihood, and respectability within the fishing community, they also feel they have lost their good name and their proud maritime heritage spanning five generations of their family. They are financially ruined.”

The Fishing Daily has more on the story HERE.

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Marine Protected Areas (MPAs) - FAQS

Marine protected areas (MPAs) are geographically defined maritime areas where human activities are managed to protect important natural or cultural resources. In addition to conserving marine species and habitats, MPAs can support maritime economic activity and reduce the effects of climate change and ocean acidification.

MPAs can be found across a range of marine habitats, from the open ocean to coastal areas, intertidal zones, bays and estuaries. Marine protected areas are defined areas where human activities are managed to protect important natural or cultural resources.

The world's first MPA is said to have been the Fort Jefferson National Monument in Florida, North America, which covered 18,850 hectares of sea and 35 hectares of coastal land. This location was designated in 1935, but the main drive for MPAs came much later. The current global movement can be traced to the first World Congress on National Parks in 1962, and initiation in 1976 of a process to deliver exclusive rights to sovereign states over waters up to 200 nautical miles out then began to provide new focus

The Rio ‘Earth Summit’ on climate change in 1992 saw a global MPA area target of 10% by the 2010 deadline. When this was not met, an “Aichi target 11” was set requiring 10% coverage by 2020. There has been repeated efforts since then to tighten up MPA requirements.

Marae Moana is a multiple-use marine protected area created on July 13th 2017 by the government of the Cook islands in the south Pacific, north- east of New Zealand. The area extends across over 1.9 million square kilometres. However, In September 2019, Jacqueline Evans, a prominent marine biologist and Goldman environmental award winner who was openly critical of the government's plans for seabed mining, was replaced as director of the park by the Cook Islands prime minister’s office. The move attracted local media criticism, as Evans was responsible for developing the Marae Moana policy and the Marae Moana Act, She had worked on raising funding for the park, expanding policy and regulations and developing a plan that designates permitted areas for industrial activities.

Criteria for identifying and selecting MPAs depends on the overall objective or direction of the programme identified by the coastal state. For example, if the objective is to safeguard ecological habitats, the criteria will emphasise habitat diversity and the unique nature of the particular area.

Permanence of MPAs can vary internationally. Some are established under legislative action or under a different regulatory mechanism to exist permanently into the future. Others are intended to last only a few months or years.

Yes, Ireland has MPA cover in about 2.13 per cent of our waters. Although much of Ireland’s marine environment is regarded as in “generally good condition”, according to an expert group report for Government published in January 2021, it says that biodiversity loss and ecosystem degradation are of “wide concern due to increasing pressures such as overexploitation, habitat loss, pollution, and climate change”.

The Government has set a target of 30 per cent MPA coverage by 2030, and moves are already being made in that direction. However, environmentalists are dubious, pointing out that a previous target of ten per cent by 2020 was not met.

Conservation and sustainable management of the marine environment has been mandated by a number of international agreements and legal obligations, as an expert group report to government has pointed out. There are specific requirements for area-based protection in the EU Marine Strategy Framework Directive (MSFD), the OSPAR Convention, the UN Convention on Biological Diversity and the UN Sustainable Development Goals. 

Yes, the Marine Strategy Framework directive (2008/56/EC) required member states to put measures in place to achieve or maintain good environmental status in their waters by 2020. Under the directive a coherent and representative network of MPAs had to be created by 2016.

Ireland was about halfway up the EU table in designating protected areas under existing habitats and bird directives in a comparison published by the European Commission in 2009. However, the Fair Seas campaign, an environmental coalition formed in 2022, points out that Ireland is “lagging behind “ even our closest neighbours, such as Scotland which has 37 per cent. The Fair Seas campaign wants at least 10 per cent of Irish waters to be designated as “fully protected” by 2025, and “at least” 30 per cent by 2030.

Nearly a quarter of Britain’s territorial waters are covered by MPAs, set up to protect vital ecosystems and species. However, a conservation NGO, Oceana, said that analysis of fishing vessel tracking data published in The Guardian in October 2020 found that more than 97% of British MPAs created to safeguard ocean habitats, are being dredged and bottom trawled. 

There’s the rub. Currently, there is no definition of an MPA in Irish law, and environment protections under the Wildlife Acts only apply to the foreshore.

Current protection in marine areas beyond 12 nautical miles is limited to measures taken under the EU Birds and Habitats Directives or the OSPAR Convention. This means that habitats and species that are not listed in the EU Directives, but which may be locally, nationally or internationally important, cannot currently be afforded the necessary protection

Yes. In late March 2022, Minister for Housing Darragh O’Brien said that the Government had begun developing “stand-alone legislation” to enable identification, designation and management of MPAs to meet Ireland’s national and international commitments.

Yes. Environmental groups are not happy, as they have pointed out that legislation on marine planning took precedence over legislation on MPAs, due to the push to develop offshore renewable energy.

No, but some activities may be banned or restricted. Extraction is the main activity affected as in oil and gas activities; mining; dumping; and bottom trawling

The Government’s expert group report noted that MPA designations are likely to have the greatest influence on the “capture fisheries, marine tourism and aquaculture sectors”. It said research suggests that the net impacts on fisheries could ultimately be either positive or negative and will depend on the type of fishery involved and a wide array of other factors.

The same report noted that marine tourism and recreation sector can substantially benefit from MPA designation. However, it said that the “magnitude of the benefits” will depend to a large extent on the location of the MPA sites within the network and the management measures put in place.

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