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Displaying items by tag: Courts

Inland Fisheries Ireland (IFI) has secured convictions against three men in two separate cases of illegal angling on Lough Sheelin.

Jason Bennett of Blue Ball, Co Offaly and Thomas McCarthy of Tullamore, Co Offaly were prosecuted for trolling — where a fishing line is drawn through the water behind a boat — outside of the permitted season.

Separately, Marius Sarauskas of Navan, Co Meath was prosecuted for obstructing IFI officers while they were attempting to issue him with a fixed-charge penalty notice (FCPN), or fine, of €150 for illegal trolling on Lough Sheelin.

Lough Sheelin, bordering counties Cavan, Meath, and Westmeath, attracts anglers nationwide and internationally and is a famed wild brown trout lake.

It is illegal to troll on Lough Sheelin between 1 March and 16 June, a ban introduced to help conserve fish stocks.

Mullingar District Court heard how Bennett and McCarthy were offered the opportunity to pay a fine of €150 — issued in lieu of court proceedings — for the alleged offences at Clareisland, Co Westmeath but did not do so.

Both men failed to have a midland permit required to fish on Lough Sheelin at the time of the incident on 3 June 2023.

A fine €500 was imposed on both defendants, with costs of €1,053 also charged to each man, in court on 26 January this year.

A third conviction was secured at Cavan District Court on 2 February where Marius Sarauskas was convicted of obstructing fishery officers at Kilnahard, Co Cavan.

IFI officers were attempting to issue him with a fine for illegal trolling on Lough Sheelin on 13 May 2023.

Sarauskas was fined €400 and must also pay €1,642 toward the costs of the case.

David McInerney, Shannon River Basin District director at IFI said: “These cases highlight the seriousness of failing to comply with angling regulations, and of obstructing fishery officers while doing their work.

“It also serves as a reminder that fixed-charged penalty notices are issued in lieu of court proceedings, and failure to pay these fines can result in court convictions.

“Angling rules must be obeyed to support the management and protection of the unique Lough Sheelin fishery. In general, compliance among anglers in Lough Sheelin is high.”

Published in Angling

Inland Fisheries Ireland (IFI) has secured convictions against two men for illegal netting, with fines and costs reaching €8,000.

Valiulis Dalius and Bloslanas Dzapbarovas, both of Kilnamanagh in Dublin 24, were prosecuted for using a net to capture fish in freshwater river/lakes and for keeping up a continued net stretched across any river.

The incident happened on the Grand Canal near Monasterevin, in the townland of Killinure, Co Laois on 27 May 2023.

This case was finalised at Portlaoise District Court on 16 February. The offences were in contravention of Section 95(1) of the Fisheries (Consolidation) Act 1959, and Section 91(1)(d) of the same Act, as amended by Section 77 of the Inland Fisheries Act 2010.

Both men were fined €3,000 each, and had to pay €1,000 in legal costs each.

Commenting after the court verdict, Lynda Connor, South Eastern River Basin District director at IFI said: “The protection of our freshwater fish species is extremely important in an era when there are numerous pressures impacting Ireland’s environment.

“I commend our local IFI protection officers for their unwavering commitment in protecting our fisheries resource.”

Published in Angling

Inland Fisheries Ireland (IFI) has secured a prosecution against Uisce Éireann (formerly Irish Water) after 40,000 litres of chemical leaked into a stream, killing 100 fish.

The incident happened on 11 June 2022 at the Whelan’s Bridge Stream, a tributary of the River Suir in Co Waterford, and caused the death of 100 fish including salmon, trout, lamprey and eels.

Uisce Éireann was found to have committed water pollution breaches at the Adamstown Water Treatment Plant at Kilmeadan, Co Waterford and must now pay more than €7,100 in connection with the incident.

Evidence was given by IFI Fisheries Environmental Officer Oliver McGrath who outlined the facts to the court.

Approximately 40,000 litres of aluminium sulphate — a chemical toxic to fish and aquatic invertebrates — discharged into the stream from storage tanks on the plant site.

The defendants were found to have permitted or caused deleterious matter to enter into the waters of the Whelan’s Bridge Stream, contrary to Section 171 of the Fisheries (Consolidation) Act 1959.

Waterford District Court imposed a fine of €4,000 on Uisce Éireann, and it was also ordered to pay costs of €3114.60, when the case was finalised last week on Monday 26 February.

Commenting after the verdict, Lynda Connor, South Eastern River Basin District director at IFI said: “This outcome highlights IFI’s continued and determined efforts to protect and conserve Ireland's inland fisheries resource.

“Fish kills, such as these, are serious and damaging ecological events. It is critical that Uisce Éireann ensures that adequate systems and processes are in place to prevent any such incident recurring.”

A separate IFI investigation resulted in Uisce Éireann being fined €10,000 in relation to the death of 2,000 fish in Co Clare in May 2023, as previously reported on Afloat.ie.

Published in Angling

Inland Fisheries Ireland (IFI) has prosecuted a forestry owner who must now pay €10,000 for damage caused to a fish spawning habitat.

Michael McHugh of Kilbride, Clonee, Co Meath was prosecuted for allowing large volumes of silt to wash into the Cornavannogue River at Glenfarne, Co Leitrim.

Clearfelling and replanting had taken place on a site bordering the Cornavannogue River owned by McHugh.

Insufficient mitigation measures were in place to control silt run-off at the 13.5-hectare forestry site, which led to the water being contaminated.

Following reports of a pollution event, IFI staff found sediment-laden water entering the Cornavannogue River from the nearby forestry site.

IFI senior environmental officer Ailish Keane visited the location on 9 January 2023 and observed significant quantities of silt going into the water.

The case in relation to the incident was heard at Manorhamilton District Court on Wednesday 14 February.

McHugh was given the benefit of the Probation Act and must give a voluntary contribution of €5,750 to Glenfarne Community Development Trust, along with costs of €4,250 for IFI.

Glenfarne Community Development Trust provides services and initiatives for the local Glenfarne community in Leitrim, and the money will be used to enhance and further develop the playground near the impacted river.

The funds will also cover the costs of information signs to promote environmental awareness of the area, detailing local flora, fauna and biodiversity by the Cornavannogue River catchment.

Dr Milton Matthews, director of IFI’s North Western River Basin District said: “This pollution incident at a tributary of the River Erne was entirely avoidable. It represented a total disregard of best practice guidelines for forestry management.

“These guidelines are required for appropriate management of clearfelling and replanting of forestry sites located adjacent to a river, or other watercourse.

“IFI is committed to ensuring that appropriate forestry practices are fully adhered to, to protect and preserve Ireland’s fish stocks and aquatic habitats for future generations.”

Published in Angling

Inland Fisheries Ireland (IFI) has secured a conviction against Sligo County Council for damage caused to a tributary of a river linked to a Special Area of Conservation.

The incident happened at Carraun in Corballa, Co Sligo on a stream which flows into the Killala Bay/Moy Estuary Special Area of Conservation.

It involved machinery, commissioned by the council, driving through a river bed while carrying out road improvement works nearby.

The machinery crossed the stream a number of times, despite previous instructions from IFI to use an alternative route.

Sligo County Council was fined €250, must pay costs of €1,845 and has to pay €500 to IFI in respect of the expense of assessing restorative works.

Mary Walsh, director of IFI’s Western River Basin District, Ballina, said: “This work was overseen by the council, a large public body, and the habitat damage caused by machinery traversing the stream should never have taken place.

“IFI will continue to prosecute such illegal activity in fulfilment of our remit to protect and conserve Ireland's important inland fisheries resource.”

Prior to the commencement of proposed council works, consultation took place between an IFI senior environmental officer and a representative from Sligo County Council during which IFI clearly outlined the sensitivity of the watercourse on the site, and of the pollution mitigation measures required.

Despite this, damage was done to the river bed and the banks of a tributary stream of the Newtown River in April 2023.

The case was heard at Sligo District Court on Tuesday 6 February.

Walsh added: “Public bodies, contractors and landowners need to seek all necessary and relevant information from Inland Fisheries Ireland before carrying out any works near, or on, a watercourse.

“IFI encourage members of the public to report incidents such as this, and those of water pollution, fish kills, and illegal fishing to its 24/7 phone number, 0818 34 74 24.”

Landowners can refer to further guidance from Teagasc on minding Ireland’s watercourses.

Published in Angling

Inland Fisheries Ireland (IFI) has welcomed the outcome of its prosecution of Uisce Éireann (formerly Irish Water) for chemical discharges to the Ballymacraven River in Ennistymon, Co Clare in May 2023.

At Ennis District Court on Friday 16 February, Uisce Éireann was fined €10,000 and must pay €8,477 in costs in connection with the case.

The incident last summer caused the death of an estimated 2,000 fish.

Deceased species included a large number of eel, along with salmon, trout, rudd and flounder, of all ages.

IFI’s in-depth investigations led to the instigation of legal proceedings against Uisce Éireann, with court procedures concluding on 16 February.

Uisce Éireann accepted liability for discharge of deleterious matter from the Ennistymon Water Treatment Plant on two separate dates in May 2023.

Commenting on the verdict, David McInerney, director of IFI’s Shannon River Basin District said: “The impact of the discharges from Uisce Éireann’s water treatment plant resulted in a very significant fish kill over 2.6km of the river.

“It created a devastating impact on an ecosystem that supports vulnerable salmon and eel stocks. The court was told the incident was an ‘ecological tragedy’.

“It is critical that Uisce Éireann ensures that adequate systems and processes are in place to prevent any such event recurring. We welcome the improvements made to date, and future improvements to be made at this plant.”

IFI reminds the public they can report instances of fish kills, pollution, fish in distress, habitat destruction or illegal fishing by calling its confidential 24/7 number at 0818 34 74 24.

Published in Angling

Judgement has been reserved in campaigners’ legal bid to overturn the decision to approve the excavation of gas storage caverns under Larne Lough.

As the Belfast Telegraph reports, the coalition of local campaigners — under the banner of No Gas Caverns — and Friends of the Earth NI took their case to the Court of Appeal after their application for judicial review was dismissed last August.

Among their claims, they say that hyper-saline discharges from the excavation process would create a marine wildlife “dead zone” in the lough.

They also contended that Edwin Poots — then minister at the Northern Ireland Department of Agriculture, Environment and Rural Affairs (DAERA) — was required to seek consent from the NI Executive before green-lighting the project in November 2021.

Counsel for DEARA, however, insisted that Poots had legal authority to act unilaterally in his decision to award the marine licence to Islandmagee Energy, a subsidiary of Infrastrata-owned Harland and Wolff, for the excavation of seven 1,350m-deep caverns with an intended storage lifespan of 40 years.

The Belfast Telegraph has more on the story HERE.

The inquest into the death of a solicitor who drowned in Dun Laoghaire Harbour has returned an open verdict, as The Irish Times reports.

The body of 54-year-old David Montgomery was found by his wife and brother in the water near his boat on 10 October 2022.

Dublin District Coroner’s Court heard that Montgomery has been stressed by an issue with the Law Society — which the High Court heard last year was an investigation of his family’s legal practice over a €1.7 million deficit in a client account — and had on the day of his death seen a case “going badly”.

Montgomery was also not in the habit of wearing a personal flotation device when working on his boat moored in Dun Laoghaire Harbour, the inquest was told.

Gardaí added that that they were satisfied that his drowning was a “tragic accident” but the coroner, Dr Clare Keane, returned an open verdict absent enough evidence to conclude that his death was accidental, intentional or due to misadventure.

The Irish Times has more on the story HERE.

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AmericaOne Foundation has released a statement in response to US Sailing’s lawsuit alleging harmful practices, describing the accusations as “unfathomable”.

As previously reported on Afloat.ie, three high-profile departures from US Sailing last year — Paul Cayard, Bill Ruh and Jose Leandro Spina — were named in the lawsuit by the governing body for sailing in the United States.

The body’s complaint alleges actions that have “harmed athletes, the US Sailing Team, and US Sailing’s business and reputation with donors, sponsors, competitive sailors, and the larger sailing community and Olympic movement”.

However, AmericaOne’s response outlines what it says are the reasons behind Cayard’s and Ruh’s departures — and claims that any damage incurred by US Sailing by the withdrawal of donors and sponsors are of its own doing.

“Because donors contribute based on trust and confidence, when this team [of Cayard, Ruh and the coaching staff] resigned, it was no surprise that many donors withdrew their support and commitments,” it says.

The full statement is available on the America One Racing website HERE.

Published in News Update

The governing body for sailing in the United States has filed a lawsuit against a competitor organisation for alleged harmful practices, as Marine Industry News reports.

US Sailing’s official complaint claims accuses America One Racing of attempting to misleadingly represent itself as the de facto governing body for sailing in the country.

America One Racing was founded as a development programme for competitive sailors following a series of high-profile departures from the US Olympic Sailing Programme last year — including executive director Paul Cayard, United States Sailing Foundation chairman Bill Ruh and performance Director Leandro Spina.

US Sailing has named all three in its lawsuit, alleging that their actions have “harmed athletes, the US Sailing Team, and US Sailing’s business and reputation with donors, sponsors, competitive sailors, and the larger sailing community and Olympic movement”.

The body alleges interference with its business relationships that have cost it more than $4 million in funding, and is seeking more than $5 million in damages.

Marine Industry News has more on the story HERE.

Published in News Update
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Dun Laoghaire Harbour Information

Dun Laoghaire Harbour is the second port for Dublin and is located on the south shore of Dublin Bay. Marine uses for this 200-year-old man-made harbour have changed over its lifetime. Originally built as a port of refuge for sailing ships entering the narrow channel at Dublin Port, the harbour has had a continuous ferry link with Wales, and this was the principal activity of the harbour until the service stopped in 2015. In all this time, however, one thing has remained constant, and that is the popularity of sailing and boating from the port, making it Ireland's marine leisure capital with a harbour fleet of between 1,200 -1,600 pleasure craft based at the country's largest marina (800 berths) and its four waterfront yacht clubs.

Dun Laoghaire Harbour Bye-Laws

Download the bye-laws on this link here

FAQs

A live stream Dublin Bay webcam showing Dun Laoghaire Harbour entrance and East Pier is here

Dun Laoghaire is a Dublin suburb situated on the south side of Dublin Bay, approximately, 15km from Dublin city centre.

The east and west piers of the harbour are each of 1 kilometre (0.62 miles) long.

The harbour entrance is 232 metres (761 ft) across from East to West Pier.

  • Public Boatyard
  • Public slipway
  • Public Marina

23 clubs, 14 activity providers and eight state-related organisations operate from Dun Laoghaire Harbour that facilitates a full range of sports - Sailing, Rowing, Diving, Windsurfing, Angling, Canoeing, Swimming, Triathlon, Powerboating, Kayaking and Paddleboarding. Participants include members of the public, club members, tourists, disabled, disadvantaged, event competitors, schools, youth groups and college students.

  • Commissioners of Irish Lights
  • Dun Laoghaire Marina
  • MGM Boats & Boatyard
  • Coastguard
  • Naval Service Reserve
  • Royal National Lifeboat Institution
  • Marine Activity Centre
  • Rowing clubs
  • Yachting and Sailing Clubs
  • Sailing Schools
  • Irish Olympic Sailing Team
  • Chandlery & Boat Supply Stores

The east and west granite-built piers of Dun Laoghaire harbour are each of one kilometre (0.62 mi) long and enclose an area of 250 acres (1.0 km2) with the harbour entrance being 232 metres (761 ft) in width.

In 2018, the ownership of the great granite was transferred in its entirety to Dun Laoghaire Rathdown County Council who now operate and manage the harbour. Prior to that, the harbour was operated by The Dun Laoghaire Harbour Company, a state company, dissolved in 2018 under the Ports Act.

  • 1817 - Construction of the East Pier to a design by John Rennie began in 1817 with Earl Whitworth Lord Lieutenant of Ireland laying the first stone.
  • 1820 - Rennie had concerns a single pier would be subject to silting, and by 1820 gained support for the construction of the West pier to begin shortly afterwards. When King George IV left Ireland from the harbour in 1820, Dunleary was renamed Kingstown, a name that was to remain in use for nearly 100 years. The harbour was named the Royal Harbour of George the Fourth which seems not to have remained for so long.
  • 1824 - saw over 3,000 boats shelter in the partially completed harbour, but it also saw the beginning of operations off the North Wall which alleviated many of the issues ships were having accessing Dublin Port.
  • 1826 - Kingstown harbour gained the important mail packet service which at the time was under the stewardship of the Admiralty with a wharf completed on the East Pier in the following year. The service was transferred from Howth whose harbour had suffered from silting and the need for frequent dredging.
  • 1831 - Royal Irish Yacht Club founded
  • 1837 - saw the creation of Victoria Wharf, since renamed St. Michael's Wharf with the D&KR extended and a new terminus created convenient to the wharf.[8] The extended line had cut a chord across the old harbour with the landward pool so created later filled in.
  • 1838 - Royal St George Yacht Club founded
  • 1842 - By this time the largest man-made harbour in Western Europe had been completed with the construction of the East Pier lighthouse.
  • 1855 - The harbour was further enhanced by the completion of Traders Wharf in 1855 and Carlisle Pier in 1856. The mid-1850s also saw the completion of the West Pier lighthouse. The railway was connected to Bray in 1856
  • 1871 - National Yacht Club founded
  • 1884 - Dublin Bay Sailing Club founded
  • 1918 - The Mailboat, “The RMS Leinster” sailed out of Dún Laoghaire with 685 people on board. 22 were post office workers sorting the mail; 70 were crew and the vast majority of the passengers were soldiers returning to the battlefields of World War I. The ship was torpedoed by a German U-boat near the Kish lighthouse killing many of those onboard.
  • 1920 - Kingstown reverted to the name Dún Laoghaire in 1920 and in 1924 the harbour was officially renamed "Dun Laoghaire Harbour"
  • 1944 - a diaphone fog signal was installed at the East Pier
  • 1965 - Dun Laoghaire Motor Yacht Club founded
  • 1968 - The East Pier lighthouse station switched from vapourised paraffin to electricity, and became unmanned. The new candle-power was 226,000
  • 1977- A flying boat landed in Dun Laoghaire Harbour, one of the most unusual visitors
  • 1978 - Irish National Sailing School founded
  • 1934 - saw the Dublin and Kingstown Railway begin operations from their terminus at Westland Row to a terminus at the West Pier which began at the old harbour
  • 2001 - Dun Laoghaire Marina opens with 500 berths
  • 2015 - Ferry services cease bringing to an end a 200-year continuous link with Wales.
  • 2017- Bicentenary celebrations and time capsule laid.
  • 2018 - Dun Laoghaire Harbour Company dissolved, the harbour is transferred into the hands of Dun Laoghaire Rathdown County Council

From East pier to West Pier the waterfront clubs are:

  • National Yacht Club. Read latest NYC news here
  • Royal St. George Yacht Club. Read latest RSTGYC news here
  • Royal Irish Yacht Club. Read latest RIYC news here
  • Dun Laoghaire Motor Yacht Club. Read latest DMYC news here

 

The umbrella organisation that organises weekly racing in summer and winter on Dublin Bay for all the yacht clubs is Dublin Bay Sailing Club. It has no clubhouse of its own but operates through the clubs with two x Committee vessels and a starters hut on the West Pier. Read the latest DBSC news here.

The sailing community is a key stakeholder in Dún Laoghaire. The clubs attract many visitors from home and abroad and attract major international sailing events to the harbour.

 

Dun Laoghaire Regatta

Dun Laoghaire's biennial town regatta was started in 2005 as a joint cooperation by the town's major yacht clubs. It was an immediate success and is now in its eighth edition and has become Ireland's biggest sailing event. The combined club's regatta is held in the first week of July.

  • Attracts 500 boats and more from overseas and around the country
  • Four-day championship involving 2,500 sailors with supporting family and friends
  • Economic study carried out by the Irish Marine Federation estimated the economic value of the 2009 Regatta at €2.5 million

The dates for the 2021 edition of Ireland's biggest sailing event on Dublin Bay is: 8-11 July 2021. More details here

Dun Laoghaire-Dingle Offshore Race

The biennial Dun Laoghaire to Dingle race is a 320-miles race down the East coast of Ireland, across the south coast and into Dingle harbour in County Kerry. The latest news on the Dun Laoghaire to Dingle Race can be found by clicking on the link here. The race is organised by the National Yacht Club.

The 2021 Race will start from the National Yacht Club on Wednesday 9th, June 2021.

Round Ireland Yacht Race

This is a Wicklow Sailing Club race but in 2013 the Garden County Club made an arrangement that sees see entries berthed at the RIYC in Dun Laoghaire Harbour for scrutineering prior to the biennial 704–mile race start off Wicklow harbour. Larger boats have been unable to berth in the confines of Wicklow harbour, a factor WSC believes has restricted the growth of the Round Ireland fleet. 'It means we can now encourage larger boats that have shown an interest in competing but we have been unable to cater for in Wicklow' harbour, WSC Commodore Peter Shearer told Afloat.ie here. The race also holds a pre-ace launch party at the Royal Irish Yacht Club.

Laser Masters World Championship 2018

  • 301 boats from 25 nations

Laser Radial World Championship 2016

  • 436 competitors from 48 nations

ISAF Youth Worlds 2012

  • The Youth Olympics of Sailing run on behalf of World Sailing in 2012.
  • Two-week event attracting 61 nations, 255 boats, 450 volunteers.
  • Generated 9,000 bed nights and valued at €9 million to the local economy.

The Harbour Police are authorised by the company to police the harbour and to enforce and implement bye-laws within the harbour, and all regulations made by the company in relation to the harbour.

There are four ship/ferry berths in Dun Laoghaire:

  • No 1 berth (East Pier)
  • No 2 berth (east side of Carlisle Pier)
  • No 3 berth (west side of Carlisle Pier)
  • No 4 berth  (St, Michaels Wharf)

Berthing facilities for smaller craft exist in the town's 800-berth marina and on swinging moorings.

© Afloat 2020