Menu

Ireland's sailing, boating & maritime magazine

Displaying items by tag: penalty

#Fishing - Marine Minister Michael Creed noted yesterday’s (Thursday 17 May) issue by the EU Commission of a Letter of Formal Notice as a first step in formal infringement proceedings being taken against Ireland for not implementing the new penalty points systems for sea fishing boat skippers and license holders.

The EU provisions for points for skippers is general in nature and requires primary legislation, while the provisions for licence holders are set down in detail in the EU Regulations and may be implemented by means of secondary legislation through a Statutory Instrument.

In relation to the points system for licence holders, on 20 March this year Minister Creed signed into law the European Union (Common Fisheries Policy) (Point System) Regulations 2018 (SI No 89 of 2018), which establishes a point system that will apply to the licence holder of a sea fishing boat when a serious infringement of the rules of the Common Fisheries Policy is detected within Ireland’s 200-mile exclusive fishery zone by all fishing vessels, both Irish and foreign.

This Statutory Instrument replaces a previous regime which was struck down by the Supreme Court following a successfully challenge by the fishing industry.

“The new SI has taken on board the Supreme Court judgements and also satisfies Ireland’s legal obligations under the Common Fisheries Policy and will address the infringement proceedings issued by the EU Commission on this matter today,” Minister Creed said.

In addition, the minister intends to submit in the near future a Memorandum to Government seeking approval for the drafting of a bill to provide for inter alia the separate EU points system for skippers, and forward the general scheme for consideration to the Oireachtas Joint Committee on Agriculture, Food and the Marine in the context of pre-legislative scrutiny.

Noting the receipt of the EU Commission’s formal notice, the minister said it “indicates that Ireland has two months to submit observations and I look forward to furnishing the commission with a detailed response advising that a system applying points to licence holders has been put in place already, and that I am working to introduce primary legislation in respect of masters of fishing vessels as a matter of urgency.”

Published in Fishing
Tagged under

Ireland would have breached EU law had it not implemented a new points system last weekend for serious infringements by fishing vessel licence holders, says the government in response to criticism from the Irish Fish Producers' Organisation.

The relationship between the Department of Agriculture Food and the Marine and the Irish Fishing Industry has now reached an all time low, according to the Irish Fish Producers' Organisation. This follows the Minister signing into law a new penalty points system 'without consultation with the industry' and after the High Court had dismissed the previous system.

'Nothing can be considered lower than penalising someone who has been found innocent by a court of having committed an offence. There is neither a legal nor moral basis for this. It is totally unacceptable and it’s important that the public are made aware of this," said the Chief Ececutive of the IFPO, Francis O'Donnell. Fishermen are expected to go back to the High Court over the situation.

In response the Department of Agriculture, Food and the Marine told Afloat.ie:

The EU Fisheries Control Regulation requires Member States to have in place legal provisions to implement a Points system for serious infringements of the EU Common Fisheries Policy. This EU Points system is applicable to all fishing vessels which fish in the Irish exclusive fisheries zone, whether they be Irish or Foreign flagged.

Ireland had previously implemented the required EU Points system for serious infringements by fishing vessel licence holders by means of a Statutory Instrument which gave effect to the EU requirement in Irish law . This Statutory instrument was the subject to two recent High Court challenges and was struck down. The two High Court Judgements are subject to appeal.

As Ireland is required to have in place a legal instrument implementing the EU Points system a new amended legal instrument was drafted and put in place which took on board, to the extent possible, issues of concern in relation to procedures and process which had been highlighted in the High Court Cases.

The replacement legal instrument , with amended procedures and processes, (S.I. No. 125 of 2016 - European Union (Common Fisheries Policy) (Point System) Regulations 2016) was signed by the Minister on 1 March 2016 so as to avoid a legal lacunae , which would have meant the EU Points system would not have been applicable to Irish or Foreign flagged vessels for serious infringements of the EU Common Fisheries Policy in the Irish 200 mile zone. This new legal instrument adopts the requirements of Article 92 of Council Regulation(EC) No. 1224/2009 of 20 November 2009 and Title VIl of Commission Implementing Regulation (EU) No. 404/2011 of 8 April 2011. In accordance with the regulations this instrument establishes the required EU point system, with amended procedures and processes, which will apply to the Licence Holder of a sea-fishing boat when a serious infringement of the Common Fisheries Policy is detected within the Exclusive Fishery Limits of the State or for an Irish vessel, wherever it may be.

It is important to note that the assignment of points is an administrative act and separate from a prosecution for a fishery offence for breaches of the common fisheries policy. Therefore to await the outcome of the results of a prosecution for fishery offence does not comply with European Union law.

Points are assigned to the licence holder. In the majority of cases the Licence Holder is a different person or legal entity to the person on the vessel who commits an offence and who will be prosecuted. Therefore there is no connection between the assignment of points and the prosecution by the Courts of offences under fishery law.

The EU regulations require that points be assigned from the date of the detection of the 'serious infringement'. That requires that the procedures are sufficiently swift to be determined in as short a time as possible. Fishery prosecutions may take some considerable time before they are finally determined.

To await the outcome of a prosecution therefore would put Ireland in breach of EU law as this would result in considerable delay particularly as the assignment of points is separate to and not dependant on a conviction in the Courts and, as the licence holder (the person assigned the points) is generally not the person prosecuted.

In bringing in this Statutory Instrument it was necessary to strike a balance between Ireland's obligations under EU law with a system that gives licence holders a fair hearing, along with ample opportunity to deal with any issue a licence holder may have. This was done by setting up determination panels and a right to apply to an independent adjudicator thereafter if the licence holder is dissatisfied with a determination of the panel. This is an independent and robust system intended to achieve the objective of the common fisheries policy which is the conservation of fish stocks to secure the future of the fishing industry. The purpose of conservation of fish stocks is twofold. Firstly, as an end in itself to preserve the fishing resources for all and for future generations. Secondly, to reassure the majority of law abiding Irish fishermen fishing within the rules that the State is taking seriously their concerns that a fishing industry can be maintained for them and those coming after them. The conservation of this precious and valuable resource is in everyone's interest and is vital for the future of the Irish fishing industry .

The Sea Fisheries Protection Authority is determined as the competent authority for the administration of the points system including the establishment of the determination panel and the assignment of points.

Published in Fishing

Ireland's Offshore Renewable Energy

Because of Ireland's location at the Atlantic edge of the EU, it has more offshore energy potential than most other countries in Europe. The conditions are suitable for the development of the full range of current offshore renewable energy technologies.

Offshore Renewable Energy FAQs

Offshore renewable energy draws on the natural energy provided by wind, wave and tide to convert it into electricity for industry and domestic consumption.

Offshore wind is the most advanced technology, using fixed wind turbines in coastal areas, while floating wind is a developing technology more suited to deeper water. In 2018, offshore wind provided a tiny fraction of global electricity supply, but it is set to expand strongly in the coming decades into a USD 1 trillion business, according to the International Energy Agency (IEA). It says that turbines are growing in size and in power capacity, which in turn is "delivering major performance and cost improvements for offshore wind farms".

The global offshore wind market grew nearly 30% per year between 2010 and 2018, according to the IEA, due to rapid technology improvements, It calculated that about 150 new offshore wind projects are in active development around the world. Europe in particular has fostered the technology's development, led by Britain, Germany and Denmark, but China added more capacity than any other country in 2018.

A report for the Irish Wind Energy Assocation (IWEA) by the Carbon Trust – a British government-backed limited company established to accelerate Britain's move to a low carbon economy - says there are currently 14 fixed-bottom wind energy projects, four floating wind projects and one project that has yet to choose a technology at some stage of development in Irish waters. Some of these projects are aiming to build before 2030 to contribute to the 5GW target set by the Irish government, and others are expected to build after 2030. These projects have to secure planning permission, obtain a grid connection and also be successful in a competitive auction in the Renewable Electricity Support Scheme (RESS).

The electricity generated by each turbine is collected by an offshore electricity substation located within the wind farm. Seabed cables connect the offshore substation to an onshore substation on the coast. These cables transport the electricity to land from where it will be used to power homes, farms and businesses around Ireland. The offshore developer works with EirGrid, which operates the national grid, to identify how best to do this and where exactly on the grid the project should connect.

The new Marine Planning and Development Management Bill will create a new streamlined system for planning permission for activity or infrastructure in Irish waters or on the seabed, including offshore wind farms. It is due to be published before the end of 2020 and enacted in 2021.

There are a number of companies aiming to develop offshore wind energy off the Irish coast and some of the larger ones would be ESB, SSE Renewables, Energia, Statkraft and RWE.

There are a number of companies aiming to develop offshore wind energy off the Irish coast and some of the larger ones would be ESB, SSE Renewables, Energia, Statkraft and RWE. Is there scope for community involvement in offshore wind? The IWEA says that from the early stages of a project, the wind farm developer "should be engaging with the local community to inform them about the project, answer their questions and listen to their concerns". It says this provides the community with "the opportunity to work with the developer to help shape the final layout and design of the project". Listening to fishing industry concerns, and how fishermen may be affected by survey works, construction and eventual operation of a project is "of particular concern to developers", the IWEA says. It says there will also be a community benefit fund put in place for each project. It says the final details of this will be addressed in the design of the RESS (see below) for offshore wind but it has the potential to be "tens of millions of euro over the 15 years of the RESS contract". The Government is also considering the possibility that communities will be enabled to invest in offshore wind farms though there is "no clarity yet on how this would work", the IWEA says.

Based on current plans, it would amount to around 12 GW of offshore wind energy. However, the IWEA points out that is unlikely that all of the projects planned will be completed. The industry says there is even more significant potential for floating offshore wind off Ireland's west coast and the Programme for Government contains a commitment to develop a long-term plan for at least 30 GW of floating offshore wind in our deeper waters.

There are many different models of turbines. The larger a turbine, the more efficient it is in producing electricity at a good price. In choosing a turbine model the developer will be conscious of this ,but also has to be aware the impact of the turbine on the environment, marine life, biodiversity and visual impact. As a broad rule an offshore wind turbine will have a tip-height of between 165m and 215m tall. However, turbine technology is evolving at a rapid rate with larger more efficient turbines anticipated on the market in the coming years.

 

The Renewable Electricity Support Scheme is designed to support the development of renewable energy projects in Ireland. Under the scheme wind farms and solar farms compete against each other in an auction with the projects which offer power at the lowest price awarded contracts. These contracts provide them with a guaranteed price for their power for 15 years. If they obtain a better price for their electricity on the wholesale market they must return the difference to the consumer.

Yes. The first auction for offshore renewable energy projects is expected to take place in late 2021.

Cost is one difference, and technology is another. Floating wind farm technology is relatively new, but allows use of deeper water. Ireland's 50-metre contour line is the limit for traditional bottom-fixed wind farms, and it is also very close to population centres, which makes visibility of large turbines an issue - hence the attraction of floating structures Do offshore wind farms pose a navigational hazard to shipping? Inshore fishermen do have valid concerns. One of the first steps in identifying a site as a potential location for an offshore wind farm is to identify and assess the level of existing marine activity in the area and this particularly includes shipping. The National Marine Planning Framework aims to create, for the first time, a plan to balance the various kinds of offshore activity with the protection of the Irish marine environment. This is expected to be published before the end of 2020, and will set out clearly where is suitable for offshore renewable energy development and where it is not - due, for example, to shipping movements and safe navigation.

YEnvironmental organisations are concerned about the impact of turbines on bird populations, particularly migrating birds. A Danish scientific study published in 2019 found evidence that larger birds were tending to avoid turbine blades, but said it didn't have sufficient evidence for smaller birds – and cautioned that the cumulative effect of farms could still have an impact on bird movements. A full environmental impact assessment has to be carried out before a developer can apply for planning permission to develop an offshore wind farm. This would include desk-based studies as well as extensive surveys of the population and movements of birds and marine mammals, as well as fish and seabed habitats. If a potential environmental impact is identified the developer must, as part of the planning application, show how the project will be designed in such a way as to avoid the impact or to mitigate against it.

A typical 500 MW offshore wind farm would require an operations and maintenance base which would be on the nearby coast. Such a project would generally create between 80-100 fulltime jobs, according to the IWEA. There would also be a substantial increase to in-direct employment and associated socio-economic benefit to the surrounding area where the operation and maintenance hub is located.

The recent Carbon Trust report for the IWEA, entitled Harnessing our potential, identified significant skills shortages for offshore wind in Ireland across the areas of engineering financial services and logistics. The IWEA says that as Ireland is a relatively new entrant to the offshore wind market, there are "opportunities to develop and implement strategies to address the skills shortages for delivering offshore wind and for Ireland to be a net exporter of human capital and skills to the highly competitive global offshore wind supply chain". Offshore wind requires a diverse workforce with jobs in both transferable (for example from the oil and gas sector) and specialist disciplines across apprenticeships and higher education. IWEA have a training network called the Green Tech Skillnet that facilitates training and networking opportunities in the renewable energy sector.

It is expected that developing the 3.5 GW of offshore wind energy identified in the Government's Climate Action Plan would create around 2,500 jobs in construction and development and around 700 permanent operations and maintenance jobs. The Programme for Government published in 2020 has an enhanced target of 5 GW of offshore wind which would create even more employment. The industry says that in the initial stages, the development of offshore wind energy would create employment in conducting environmental surveys, community engagement and development applications for planning. As a site moves to construction, people with backgrounds in various types of engineering, marine construction and marine transport would be recruited. Once the site is up and running , a project requires a team of turbine technicians, engineers and administrators to ensure the wind farm is fully and properly maintained, as well as crew for the crew transfer vessels transporting workers from shore to the turbines.

The IEA says that today's offshore wind market "doesn't even come close to tapping the full potential – with high-quality resources available in most major markets". It estimates that offshore wind has the potential to generate more than 420 000 Terawatt hours per year (TWh/yr) worldwide – as in more than 18 times the current global electricity demand. One Terawatt is 114 megawatts, and to put it in context, Scotland it has a population a little over 5 million and requires 25 TWh/yr of electrical energy.

Not as advanced as wind, with anchoring a big challenge – given that the most effective wave energy has to be in the most energetic locations, such as the Irish west coast. Britain, Ireland and Portugal are regarded as most advanced in developing wave energy technology. The prize is significant, the industry says, as there are forecasts that varying between 4000TWh/yr to 29500TWh/yr. Europe consumes around 3000TWh/year.

The industry has two main umbrella organisations – the Irish Wind Energy Association, which represents both onshore and offshore wind, and the Marine Renewables Industry Association, which focuses on all types of renewable in the marine environment.

©Afloat 2020