Displaying items by tag: Courts
Inland Fisheries Ireland (IFI) has secured a prosecution against Uisce Éireann for pollution of the River Liffey at a water treatment plant in Ballymore Eustace, Co Kildare.
At a recent sitting of Naas District Court, Judge Desmond Zaidan convicted Uisce Éireann (formerly Irish Water) of water pollution offences in the Liffey, which dated to June 2022.
The conviction was secured against Uisce Éireann on Monday 3 July under Section 171 of the Fisheries (Consolidation) Act 1959, for allowing deleterious matter to enter the River Liffey’s main channel upstream of Ballymore Eustace.
Uisce Éireann pleaded guilty to the charges and was fined €5,000, and ordered to pay an additional €5,500 in costs and expenses.
Commenting on the case, Brian Beckett, Eastern River Basin District Director at IFI said: “Point-source pollution events such as this are entirely avoidable through good on-site management, regular visual checks, and monitoring of discharge points.
“Effluent discharges can significantly impact fish populations and other aquatic life of receiving waters. River Liffey fish populations, comprising several fish species, are under significant ecological pressure.
“Despite this pressure, the River Liffey remains one of only a handful of European capital cities through which a self-sustaining population of Atlantic salmon migrate.
“Fines imposed in this case will be invested in water quality and habitat improvements in the River Liffey catchment.
“IFI is currently working on a number of initiatives in the River Liffey catchment with regulatory and non-regulatory stakeholders with a view to maximising the sustainability of all fish — including Atlantic salmon — and their habitat.”
Members of the public are encouraged to report instances of water pollution, illegal fishing or fish kills to IFI’s confidential number at 0818 34 74 24.
Three men have been fined in relation to the illegal capture of 27 salmon and the use of 861 metres of illegal nets off the coast of Mayo.
Patrick O’Donnell, Milan Funket, and Marek Radomsky were observed by Inland Fisheries Ireland (IFI) officers setting drift nets from a boat, skippered by O’Donnell, which were later retrieved at Porturlin, North Mayo.
O’Donnell, Funket and Radomsky appeared before Belmullet District Court on Wednesday 14 June, charged with the offences.
The court was told that O’Donnell was the “ringleader” in the operation. He was convicted and fined a total of €3,000 for breaches of fisheries legislation, a further €1,000 in expenses to IFI and €1,845 in costs to IFI.
Funket was fined €750 for the possession of a net and Radomsky was fined €1,000 for the possession of illegally captured salmon.
Judge Fiona Lydon heard evidence from Inspector Lonan O’Farrell of IFI, that on 17 June 2022 he observed the three men setting a drift net from the boat, the Cailin Ban.
The net was later retrieved and placed in the boat, following which the Cailin Ban headed for Porturlin pier.
On its arrival at the pier a crew member disembarked, and the illegally caught salmon were put into a van. IFI officers intercepted the van at the pier, cautioned and questioned the driver, and seized the 27 salmon.
However, despite efforts by IFI fisheries officers to speak to the crew, the boat returned to sea and three bags were seen thrown overboard.
The Cailin Ban re-entered Porturlin pier where IFI officers boarded the boat and cautioned the two men on board. IFI personnel later retrieved the bags with the illegal drift nets that had been discarded at sea.
Francis O’Donnell, chief executive of IFI said: “The scale of this illegal salmon netting at sea was at a commercial level, and posed a significant threat to our wild Atlantic salmon stocks. It is a serious environmental crime, and such crimes will not be tolerated by IFI.”
Mary Walsh, IFI’s director of the Western River Basin District in Ballina added: “I commend the coordinated response of our dedicated teams. There were many factors contributing to the success of this operation, including intelligence, leadership, and planning, as well as the availability and use of specialised equipment.”
Loughs Agency Secures ‘Favourable Outcome’ in High Court Proceedings Over Foyle Oyster Fishery
The Loughs Agency has welcomed the cessation of two recent High Court cases in Dublin that it says sought to prevent the agency from effectively regulating the Lough Foyle oyster fishery.
This follows a decision by the plaintiffs to withdraw their various claims, which led to the cases being struck out.
The Loughs Agency is the statutory authority dedicated to sustainably managing, promoting and developing the fisheries and resources of the Foyle and Carlingford areas.
Loughs Agency chief executive Sharon McMahon said: “Throughout the legal proceedings, our commitment to upholding the principles of good governance and fulfilling our statutory obligations has remained unwavering. We have diligently cooperated with the legal process, providing transparency and demonstrating the strength of our position.
“This favourable outcome not only showcases the robustness of our operations but also reaffirms the legal position of our statutory responsibilities. As a trusted North South Implementation Body, we consistently strive to fulfil our responsibilities and act in the best interests of the communities we serve.”
The Loughs Agency has responsibility for 4,070 sq km of catchment in the Foyle area and 480 sq km in Carlingford, with responsibility for the two sea loughs and an area extending 12 miles out to sea from Lough Foyle, which stretches to Downhill in Northern Ireland and Malin Head in Donegal.
Its board reports to the North South Ministerial Council (NSMC) and government sponsor departments: the Department of Agriculture, Environment and Rural Affairs (DAERA) in Northern Ireland and the Department of the Environment, Climate and Communications (DECC) in Ireland.
A Sligo angler has been convicted of a breach of fisheries legislation for illegal salmon angling.
Mark Cawley, with an address in Sligo town, was observed in possession of an untagged salmon at Rockwood Parade on the Garavogue River in Sligo town.
The offence took place on 4 July 2022 and an Inland Fisheries Ireland (IFI) officer gave evidence in court.
Cawley was convicted at Sligo District Court on Tuesday 6 June. He was fined €250 for breach of Section 182 of the Fisheries (Consolidation) Act, 1959 — possession of salmon unlawfully captured.
He was ordered to pay costs to IFI of €675 and €106.66 in expenses.
Mary Walsh, director of the Western River Basin District said: “The Garavogue River is open to catch-and-release fishing only. Atlantic salmon stocks are in decline and they need to be protected.
“It is critical for all stakeholders to strictly abide by tagging regulations to safeguard the future of these valuable salmon fisheries.
“IFI actively pursue those who fish illegally. I commend the ongoing surveillance operations carried out by our fisheries protection officers in the district, which led to this conviction.”
A Co Meath angler has been found guilty of two breaches of fisheries legislation for illegal fishing in an area around the Blasket Islands.
Joseph Foley from Trim, Co Meath was observed trolling for protected bluefin tuna off the Kerry coastline using specialist gear including spreader bars, squid lures and game fishing reels.
Fisheries officers boarded his vessel, the Evie Rose, at the mouth of Valentia Harbour on 27 August 2022 and located the equipment stored throughout the boat.
Foley pleaded guilty to two charges: surface trolling from a vessel used for sea angling targeting or catching any species fish under Bye-Law No 981 of 2020 (Control of Sea Angling Method for Certain Species of Fish); and using a boat as an aid to the commission of an offence, contrary to the Fisheries (Consolidation) Act 1959 as amended.
He was convicted at Caherciveen District Court on Thursday 8 June and fined €400 for the breach of Bye-Law No 981/2020. The second charge was marked “taken into consideration”.
An order of forfeiture was made of the fishing gear seized and Foley was ordered to pay €200 costs.
The court was informed of the seriousness of the offences and that recreational fishing for Atlantic bluefin tuna in Irish waters is prohibited unless licensed as part of a limited and tightly controlled ongoing research project.
The court heard that Foley had no previous convictions and had cooperated with fisheries officers.
Commenting after the case, Sean Long, director of the South-Western River Basin District at Inland Fisheries Ireland (IFI) said: “Recreational fishing for Atlantic bluefin tuna in all Irish waters is strictly prohibited.
“This was an intelligence-led operation. It enabled officers to detect and intercept the Evie Rose and ensure that these important species are protected from illegal fishing.
“A tightly controlled licensed research project, studying the movements and abundance of Atlantic bluefin tuna (Tuna CHART) has been underway between July and November annually since 2019. Such illegal angling jeopardises the potential for a viable recreational fishery in the future.
“I wish to acknowledge the vigilance and perseverance of IFI local fisheries officers in this instance.
“Inland Fisheries Ireland continues to encourage members of the public and anglers to report illegal fishing, water pollution, fish kills, or fish in distress, to its confidential 24/7 phone number, 0818 34 74 24.”
IFI Secures Prosecution and Fines of €5,500 Against Farmer for Riverbed Destruction in Co Laois
A Co Laois farmer has been found guilty of two breaches of fisheries legislation for deliberate destruction caused at a local river.
The defendant was prosecuted for damaging spawning beds and disturbing spawn or fry during destructive gravel removal works carried out on an 80-metre stretch of the Delour River, a tributary of the River Nore, near Mountrath in Co Laois.
The defendant pleaded guilty to the offences at Portlaoise District Court on 21 April 2023 and was fined €4,000 as well as ordered to pay a further €1,500 for the costs of the prosecution.
Evidence was given by fisheries environmental officer Oliver McGrath regarding the incident which took place on 30 September 2022.
The prosecution was secured under Section 173 of the Fisheries (Consolidation) Act 1959, as amended, for injury or disturbance of the spawn or fry of salmon, trout or eels and for the injury or disturbance of their spawning bed, bank or shallow where their spawn or fry may be.
Commenting on the conviction, Lynda Connor, South-Eastern River Basin District director at Inland Fisheries Ireland (IFI) said: “This is a serious crime against the environment. The destruction of the river habitat, and the spawning beds for the likes of trout and salmon, threatens the species survival in this area, and beyond into the greater Nore catchment.
“Landowners need to seek all necessary and relevant information from their advisors, and from IFI, before carrying out any works near or on a watercourse adjacent to their land.”
IFI encourages members of the public, anglers and farmers to report incidents such as this, and those of water pollution, fish kills and illegal fishing to its confidential 24/7 phone number at 0818 34 74 24.
A Co Antrim angler was found guilty of fishing offences and fined a total of £541 at Laganside Magistrates Court on Tuesday 23 May.
Aurel Ciurar (23) of Ava Park, Belfast was convicted, in his absence, of five breaches of legislation as prescribed under the Fisheries Act (Northern Ireland) 1966 and Public Angling Estate (PAE) Byelaws 2005.
The breaches were unlicensed fishing; fishing on DAERA’s waters without a permit; failing to provide his name and address; obstructing and impeding an authorised person, and using un-permitted fishing methods.
On 29 April 2022, fisheries protection officers with Northern Ireland’s Department of Agriculture, Environment and Rural Affairs (DAERA) were on routine patrol of the Public Angling Estate (PAE) at North Woodburn Reservoir in Carrickfergus, Co Antrim when they observed Ciurar along with another unidentified male fishing with a number of fishing rods.
Both men refused to provide officers with their details, to enable checks to take place to ensure they had the correct fishing license and permissions to fish legally at the location. Their fishing equipment was seized as a result of failing to provide their names and addresses.
They were also found to be using sweetcorn as bait, which is not permitted.
Officers were able to identify Ciurar by using the registration details of the vehicle the men used to leave the location. The identity of the second man has never been confirmed.
The total fine of £541 included:
- £50 for the use of a vegetable matter (sweetcorn) as bait;
- £75 for possession of an unlicensed fishing engine;
- £75 for fishing on the department’s waters without a permit;
- £150 for obstructing and impeding an authorised officer; and
- £150 for failing to provide name and address along with court costs of £26 and an offender levy of £15.
DAERA Inland Fisheries enforcement is committed to pursue those who fish illegally. If you are aware or suspect illegal fishing, you should contact DAERA Inland Fisheries on 0300 200 7860 or outside office hours contact 0800 807 060.
Two Limerick men have been found guilty of being in breach of fisheries legislation for using a net to illegally capture salmon.
John Quinlivan of Moyross, Limerick and Kieran Molloy of Ballynanty, Limerick were prosecuted for illegal salmon netting on the River Shannon at Monabraher, Limerick on 26 June 2021.
Both were convicted at Limerick District Court on 27 April this year and received fines of €400 and costs of €553 each.
Separately, Quinlivan was also convicted of fishing in the tailrace of Ardnacrusha Generating Station on 10 June 2021, in contravention of the rules of the ESB Lower Shannon Salmon Angling Permit. He was fined €300 and ordered to pay costs of €958 for this offence.
Fishing with a net in this area is illegal, and it is also illegal to catch and keep salmon by any method on the River Shannon as salmon numbers are significantly below levels required to sustain a healthy natural population.
Inland Fisheries Ireland (IFI) reminds members of the public that Atlantic salmon populations are under significant pressure from a range of factors, and any illegal fishing puts further pressure on a very important and iconic wild fish.
Members of the public are encouraged to report suspicions of illegal fishing activity, pollution or fish kills to IFI’s 24/7 confidential line at 0818 34 74 24.
Inland Fisheries Ireland (IFI) has confirmed recent successful prosecutions against two industries operating at Lough Egish Food Park in Castleblayney, Co Monaghan.
At Monaghan District Court, Judge Raymond Finnegan convicted Bio-marine Ingredients Ireland Limited and Stillorgan Trading Post Limited (trading as Swift Fine Foods) of water pollution offences.
Both companies pleaded guilty to the charges and were fined €500 each.
Bio-marine Ingredients Ireland Limited was ordered to pay an additional €3,249.78. Stillorgan Trading Post Limited (trading as Swift Fine Foods) was ordered to pay €2,329.78.
Commenting on the recent convictions, Dr Milton Matthews, North West River Basin District Director at IFI said: “Point-source pollution events such as these are entirely avoidable through good site management and regular visual checks of discharge outlet pipes.
“Unauthorised effluent discharge events can significantly impact the fish stocks and other aquatic life of receiving waters.”
A Cork fisherman has been found guilty of three breaches of fisheries legislation for illegal netting.
Paul O’Connell of Youghal, Co Cork had fixed a 336m net close to the mouth of the Munster Blackwater which was detected by a fisheries officer in the early hours of 4 July 2022.
O’Connell was convicted at Youghal District Court on Wednesday 12 April this year.
An operation involving local fisheries officers and a Delta RIB craft crewed by fisheries officers from the South Eastern River Basin District recovered the net.
The court heard that O’Connell contacted Inland Fisheries Ireland (IFI) to enquire if officers had seized the net and to request its return. He then met Fisheries Inspector Michael Fanning the following day to identify the net as his property while under caution.
O’Connell pleaded guilty to three breaches of the 1959 Fisheries (Consolidation) Act 1959 and Bye Law No. 857 of 2009 and three other charges were withdrawn.
The court imposed fines totalling €4,000 and the net was forfeited.
O’Connell, who had a previous conviction for illegal netting in the same area in 2013, also received a two-month custodial sentence and was ordered to pay costs of €500 for the offence of placing a fixed engine at the mouth of any river. He was granted leave to appeal the penalty.
Welcoming the conviction, Sean Long, director of the South-Western River Basin District at IFI said: “I would like to acknowledge the vigilance and swift efforts of our fisheries Officers in recovering the net and preventing it from doing further damage to salmon, sea trout, and sea bass stocks.
“It is one less barrier to migration on the Munster Blackwater and is significant for conservation-minded anglers and the communities the length of the Blackwater relying on angling generated income.
“Members of the public can report instances of such illegal fishing, water pollution, or fish kills by calling Inland Fisheries Ireland’s confidential hotline number on 0818 34 74 24.”
