State-owned forestry company Coillte and its contractor, Oliver Kelly Timber Harvesting Ltd, have both pleaded guilty to breaches of the Fisheries (Consolidation) Act 1959 in a case brought by Inland Fisheries Ireland (IFI).
Following reports of pollution in November 2021 along the Glenaboy River, a tributary of the Bride River in Co Cork, officers from IFI found heavy deposits of silt, vehicle tracks in the river bed and a lack of adequate silt control in an area where Oliver Kelly Timber Harvesting Ltd had been carrying out thinning operations on behalf of Coillte.
As a result, IFI estimated that significant damage had been done to spawning beds and that a valuable stretch of the river had been lost to spawning wild Atlantic salmon and sea trout that year.
Sitting before Judge Colm Roberts at Mallow District Court on Monday 28 November, Coillte pleaded guilty to a breach of Section 171 (1) of the Fisheries (Consolidation) Act 1959.
Also before the court on that date was Oliver Kelly Timber Harvesting Ltd, which Judge Roberts believed were the main instigators of the silt discharge to the Glenaboy River.
Judge Roberts afforded Coillte the benefit of the Probation of Offenders Act and ordered a payment of €2,000 to Tallow TidyTowns Committee.
Oliver Kelly Timber Harvesting Ltd were also found guilty of a breach of Section 171 as well as Section 173 of the 1959 Act and Section 3 of the Local Government (Water Pollution) (Amendment) Act 1977. The company was also given the benefit of the Probation Act and ordered to pay €2,000 to the Tallow Anglers Association, €1,500 to the Tallow TidyTowns Committee and post a bond of €1,500 for a period of two years under Section 1-1(2) of the Probation Act.
The court heard evidence that IFI officers, including senior fisheries environmental officer Andrew Gillespie, visited the location between Sunday 20 and Tuesday 22 November following reports of pollution.
There was evidence of silt in the river over a five-kilometre stretch downstream of the thinning operation’s location. Gillespie highlighted that the time of the occurrence, in November, was particularly relevant as it was the critical spawning period and that the effect of the silt discharge would be to smother any eggs deposited in the spawning gravels.
Speaking in court, Judge Roberts remarked that Coillte “didn’t properly supervise” the thinning operations and that their contractor “didn’t supervise properly as he was overstretched,” before observing that “when State agencies fail in their obligations, we are in big trouble”.
Sean Long, director of the South Western River Basin District at IFI welcomed the decision, noting that neither Coillte nor their contractor had been before the courts before and had cooperated fully with IFI to implement immediate mitigation measures at the site.
Speaking after verdict was delivered, Long said: “Located in the Munster Blackwater Special Area of Conservation, the Glenaboy River is a very important spawning ground for returning wild Atlantic salmon and sea trout, which are very vulnerable species protected by conservation measures and legislation.
“Sadly, the damage that was done to these spawning beds through pollution was significant, meaning that a valuable stretch of this river had been lost for spawning salmon and sea trout last year.”
