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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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Royal Irish Yacht Club - Frequently Asked Questions

The Royal Irish Yacht Club is situated in a central location in Dun Laoghaire Harbour with excellent access and visiting sailors can be sure of a special welcome. The clubhouse is located in the prime middle ground of the harbour in front of the town marina and it is Dun Laoghaire's oldest yacht club. 

What's a brief history of the Royal Irish Yacht Club?

The yacht club was founded in 1831, with the Marquess of Anglesey, who commanded the cavalry at the Battle of Waterloo being its first Commodore. 

John Skipton Mulvany designed the clubhouse, which still retains a number of original architectural features since being opened in 1851.

It was granted an ensign by the Admiralty of a white ensign with the Coat of Arms of the Kingdom of Ireland beneath the Union Jack in canton.

Many prominent names feature among the past members of the Club. The first Duke of Wellington was elected in 1833, followed by other illustrious men including the eccentric Admiral Sir Charles Napier, Sir Dominic Corrigan the distinguished physician, Sir Thomas Lipton, novelist, George A. Birmingham, yachtsman and author, Conor O'Brien, and famous naval historian and author, Patrick O Brian. 

In the club's constitution, it was unique among yacht clubs in that it required yacht owners to provide the club's commodore with information about the coast and any deep-sea fisheries they encountered on all of their voyages.

In 1846, the club was granted permission to use the Royal prefix by Queen Victoria. The club built a new clubhouse in 1851. Despite the Republic of Ireland breaking away from the United Kingdom, the Royal Irish Yacht Club elected to retain its Royal title.

In 1848, a yachting trophy called "Her Majesty's Plate" was established by Queen Victoria to be contested at Kingstown where the Royal Irish Yacht Club is based. The Lord-Lieutenant of Ireland at the time, George Villiers, 4th Earl of Clarendon suggested it should be contested by the Royal Irish Yacht Club and the Royal St. George Yacht Club in an annual regatta, a suggestion that was approved by both clubs with the Royal St. George hosting the first competitive regatta.

The RIYC celebrated its 185th Anniversary in 2016 with the staging of several special events in addition to being well represented afloat, both nationally and internationally. It was the year the club was also awarded Irish Yacht Club of the Year as Afloat's W M Nixon details here.

The building is now a listed structure and retains to this day all its original architectural features combined with state of the art facilities for sailors both ashore and afloat.

What is the Royal Irish Yacht Club's emblem?

The Club's emblem shows a harp with the figure of Nice, the Greek winged goddess of victory, surmounted by a crown. This emblem has remained unchanged since the foundation of the Club; a symbol of continuity and respect for the history and tradition of the Royal Irish Yacht Club.

What is the Royal Irish Yacht Club's ensign?

The RIYC's original white ensign was granted by Royal Warrant in 1831. Though the Royal Irish Yacht Club later changed the ensign to remove the St George's Cross and replace the Union Jack with the tricolour of the Republic of Ireland, the original ensign may still be used by British members of the Royal Irish Yacht Club

Who is the Commodore of the Royal Irish Yacht Club?

The current Commodore is Jerry Dowling, and the Vice-Commodore is Tim Carpenter.

The RIYC Flag Officers are: 

What reciprocal club arrangements does the Royal Irish Yacht Club have?  

As one of Ireland's leading club's, the Royal Irish Yacht Club has significant reciprocal arrangements with yacht clubs across Ireland and the UK, Europe, USA and Canada and the rest of the World. If you are visiting from another Club, please have with a letter of introduction from your Club or introduce yourself to the Club Secretary or to a member of management staff, who will show you the Club's facilities.

What car parking does the Royal Irish Yacht Club have at its Dun Laoghaire clubhouse?

The RIYC has car parking outside of its clubhouse for the use of its members. Paid public car parking is available next door to the club at the marina car park. There is also paid parking on offer within the harbour area at the Coatl Harbour (a 5-minute walk) and at an underground car park adjacent to the Royal St. George Yacht Club (a 3-minute walk). Look for parking signs. Clamping is in operation in the harbour area.

What facilities does the Royal Irish Yacht Clubhouse offer? 

The Royal Irish Yacht Club offers a relaxed, warm and welcoming atmosphere in one of the best situated and appointed clubhouses in these islands. Its prestige in yachting circles is high and its annual regatta remains one of the most attractive events in the sailing calendar. It offers both casual and formal dining with an extensive wine list and full bar facilities. The Club caters for parties, informal events, educational seminars, themed dinners and all occasions. The RIYC has a number of venues within the Club each of which provides a different ambience to match particular needs.

What are the Royal Irish Yacht Club's Boathouse facilities?

The RIYC boathouse team run the launch service to the club's swinging moorings, provide lifting for dry-sailed boats, lift and scrub boats, as well as maintaining the fabric of the deck, pontoon infrastructure, and swinging moorings. They also maintain the club crane, the only such mobile crane of the Dun Laoghaire Yacht Clubs.

What facilities are offered for junior sailing at the Royal Irish Yacht Club?

One of the missions of the Royal Irish Yacht Club is to promote sailing as a passion for life by encouraging children and young adults to learn how to sail through its summer courses and class-specific training throughout the year. 

RIYC has an active junior section. Its summer sailing courses are very popular and the club regularly has over 50 children attending courses in any week. The aim is for those children to develop lifelong friendships through sailing with other children in the club, and across the other clubs in the bay.
 
Many RIYC children go on to compete for the club at regional and national championships and some have gone on to represent Ireland at international competitions and the Olympic Regatta itself.
 
In supporting its young sailors and the wider sailing community, the RIYC regularly hosts junior sailing events including national and regional championships in classes such as the Optmist, Feva and 29er.
 
Competition is not everything though and as the club website states:  "Many of our junior sailors have gone on the become sailing instructors and enjoy teaching both in Ireland and abroad.  Ultimately, we take most pleasure from the number of junior sailors who become adult sailors and enjoy a lifetime of sailing with the club". 

At A Glance – Royal Irish Yacht Regatta 2023 Dates

  • RS Feva East Coast Championships - 6th May to 7th May 2023
  • Volvo Dun Laoghaire Regatta - 6th-9th July 2023
  • Cape 31 Irish National Championships
  • RIYC Junior Regatta
  • J Cup Ireland 2023 - August 26th/27th 2023
  • Annual Pursuit Race

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