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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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Ireland's offshore islands

Around 30 of Ireland's offshore islands are inhabited and hold a wealth of cultural heritage.

A central Government objective is to ensure that sustainable vibrant communities continue to live on the islands.

Irish offshore islands FAQs

Technically, it is Ireland itself, as the third largest island in Europe.

Ireland is surrounded by approximately 80 islands of significant size, of which only about 20 are inhabited.

Achill island is the largest of the Irish isles with a coastline of almost 80 miles and has a population of 2,569.

The smallest inhabited offshore island is Inishfree, off Donegal.

The total voting population in the Republic's inhabited islands is just over 2,600 people, according to the Department of Housing.

Starting with west Cork, and giving voting register numbers as of 2020, here you go - Bere island (177), Cape Clear island (131),Dursey island (6), Hare island (29), Whiddy island (26), Long island, Schull (16), Sherkin island (95). The Galway islands are Inis Mór (675), Inis Meáin (148), Inis Oírr (210), Inishbofin (183). The Donegal islands are Arranmore (513), Gola (30), Inishboffin (63), Inishfree (4), Tory (140). The Mayo islands, apart from Achill which is connected by a bridge, are Clare island (116), Inishbiggle (25) and Inishturk (52).

No, the Gaeltacht islands are the Donegal islands, three of the four Galway islands (Inishbofin, like Clifden, is English-speaking primarily), and Cape Clear or Oileán Chléire in west Cork.

Lack of a pier was one of the main factors in the evacuation of a number of islands, the best known being the Blasket islands off Kerry, which were evacuated in November 1953. There are now three cottages available to rent on the Great Blasket island.

In the early 20th century, scholars visited the Great Blasket to learn Irish and to collect folklore and they encouraged the islanders to record their life stories in their native tongue. The three best known island books are An tOileánach (The Islandman) by Tomás Ó Criomhthain, Peig by Peig Sayers, and Fiche Blian ag Fás (Twenty Years A-Growing) by Muiris Ó Súilleabháin. Former taoiseach Charles J Haughey also kept a residence on his island, Inishvickillaune, which is one of the smaller and less accessible Blasket islands.

Charles J Haughey, as above, or late Beatle musician, John Lennon. Lennon bought Dorinish island in Clew Bay, south Mayo, in 1967 for a reported £1,700 sterling. Vendor was Westport Harbour Board which had used it for marine pilots. Lennon reportedly planned to spend his retirement there, and The Guardian newspaper quoted local estate agent Andrew Crowley as saying he was "besotted with the place by all accounts". He did lodge a planning application for a house, but never built on the 19 acres. He offered it to Sid Rawle, founder of the Digger Action Movement and known as the "King of the Hippies". Rawle and 30 others lived there until 1972 when their tents were burned by an oil lamp. Lennon and Yoko Ono visited it once more before his death in 1980. Ono sold the island for £30,000 in 1984, and it is widely reported that she donated the proceeds of the sale to an Irish orphanage

 

Yes, Rathlin island, off Co Antrim's Causeway Coast, is Ireland's most northerly inhabited island. As a special area of conservation, it is home to tens of thousands of sea birds, including puffins, kittiwakes, razorbills and guillemots. It is known for its Rathlin golden hare. It is almost famous for the fact that Robert the Bruce, King of Scots, retreated after being defeated by the English at Perth and hid in a sea cave where he was so inspired by a spider's tenacity that he returned to defeat his enemy.

No. The Aran islands have a regular ferry and plane service, with ferries from Ros-a-Mhíl, south Connemara all year round and from Doolin, Co Clare in the tourist season. The plane service flies from Indreabhán to all three islands. Inishbofin is connected by ferry from Cleggan, Co Galway, while Clare island and Inishturk are connected from Roonagh pier, outside Louisburgh. The Donegal islands of Arranmore and Tory island also have ferry services, as has Bere island, Cape Clear and Sherkin off Cork. How are the island transport services financed? The Government subsidises transport services to and from the islands. The Irish Coast Guard carries out medical evacuations, as to the RNLI lifeboats. Former Fianna Fáíl minister Éamon Ó Cuív is widely credited with improving transport services to and from offshore islands, earning his department the nickname "Craggy island".

Craggy Island is an bleak, isolated community located of the west coast, inhabited by Irish, a Chinese community and one Maori. Three priests and housekeeper Mrs Doyle live in a parochial house There is a pub, a very small golf course, a McDonald's fast food restaurant and a Chinatown... Actually, that is all fiction. Craggy island is a figment of the imagination of the Father Ted series writers Graham Linehan and Arthur Mathews, for the highly successful Channel 4 television series, and the Georgian style parochial house on the "island" is actually Glenquin House in Co Clare.

Yes, that is of the Plassey, a freighter which was washed up on Inis Oírr in bad weather in 1960.

There are some small privately owned islands,and islands like Inishlyre in Co Mayo with only a small number of residents providing their own transport. Several Connemara islands such as Turbot and Inishturk South have a growing summer population, with some residents extending their stay during Covid-19. Turbot island off Eyrephort is one such example – the island, which was first spotted by Alcock and Brown as they approached Ireland during their epic transatlantic flight in 1919, was evacuated in 1978, four years after three of its fishermen drowned on the way home from watching an All Ireland final in Clifden. However, it is slowly being repopulated

Responsibility for the islands was taking over by the Department of Rural and Community Development . It was previously with the Gaeltacht section in the Department of Media, Tourism, Arts, Culture, Sport and the Gaeltacht.

It is a periodic bone of contention, as Ireland does not have the same approach to its islands as Norway, which believes in right of access. However, many improvements were made during Fianna Fáíl Galway West TD Éamon Ó Cuív's time as minister. The Irish Island Federation, Comdháil Oileáin na hÉireann, represents island issues at national and international level.

The 12 offshore islands with registered voters have long argued that having to cast their vote early puts them at a disadvantage – especially as improved transport links mean that ballot boxes can be transported to the mainland in most weather conditions, bar the winter months. Legislation allowing them to vote on the same day as the rest of the State wasn't passed in time for the February 2020 general election.

Yes, but check tide tables ! Omey island off north Connemara is accessible at low tide and also runs a summer race meeting on the strand. In Sligo, 14 pillars mark the way to Coney island – one of several islands bearing this name off the Irish coast.

Cape Clear or Oileán Chléire is the country's most southerly inhabited island, eight miles off the west Cork coast, and within sight of the Fastnet Rock lighthouse, also known as the "teardrop of Ireland".
Skellig Michael off the Kerry coast, which has a monastic site dating from the 6th century. It is accessible by boat – prebooking essential – from Portmagee, Co Kerry. However, due to Covid-19 restrictions, it was not open to visitors in 2020.
All islands have bird life, but puffins and gannets and kittiwakes are synonymous with Skellig Michael and Little Skellig. Rathlin island off Antrim and Cape Clear off west Cork have bird observatories. The Saltee islands off the Wexford coast are privately owned by the O'Neill family, but day visitors are permitted access to the Great Saltee during certain hours. The Saltees have gannets, gulls, puffins and Manx shearwaters.
Vikings used Dublin as a European slaving capital, and one of their bases was on Dalkey island, which can be viewed from Killiney's Vico road. Boat trips available from Coliemore harbour in Dalkey. Birdwatch Ireland has set up nestboxes here for roseate terns. Keep an eye out also for feral goats.
Plenty! There are regular boat trips in summer to Inchagoill island on Lough Corrib, while the best known Irish inshore island might be the lake isle of Innisfree on Sligo's Lough Gill, immortalised by WB Yeats in his poem of the same name. Roscommon's Lough Key has several islands, the most prominent being the privately-owned Castle Island. Trinity island is more accessible to the public - it was once occupied by Cistercian monks from Boyle Abbey.

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