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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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Port of Cork Information

The Port of Cork is the key seaport in the south of Ireland and is one of only two Irish ports which service the requirements of all six shipping modes i.e., Lift-on Lift-off, Roll-on Roll-off, Liquid Bulk, Dry Bulk, Break Bulk and Cruise. Due to its favourable location on the south coast of Ireland and its modern deep-water facilities, the Port of Cork is ideally positioned for additional European trading as well as for yet unexploited direct deep-sea shipping services.

The Port of Cork is investing €80 million in a container terminal development in Ringaskiddy. The Cork Container Terminal will initially offer a 360-metre quay with 13-metre depth alongside and will enable larger ships to berth in the port. The development also includes the construction of a 13.5-hectare terminal and associated buildings as well as two ship to shore gantry cranes and container handling equipment.

The development of new container handling facilities at Ringaskiddy was identified in the Port of Cork’s Strategic Development Plan in 2010. It will accommodate current and future container shipping which can be serviced by modern and efficient cargo handling equipment with innovative terminal operating and vehicle booking systems. The Port of Cork anticipates that Cork Container Terminal will be operational in 2020.

The Port of Cork is the key seaport in the south of Ireland and is one of just two Irish ports which service the requirements of all shipping modes.

The Port of Cork also controls Bantry Bay Port Company and employs 150 people across all locations.

A European Designated Core Port and a Tier 1 Port of National Significance, Port of Cork’s reputation for quality service, including prompt and efficient vessel turnaround as well as the company’s investment in future growth, ensures its position as a vital link in the global supply chain.

The port has made impressive strides in recent decades, most recently with the construction of the new €80m Cork Container Terminal in Ringaskiddy which will facilitate the natural progression of the move from a river port to a deepwater port in order to future proof the Port
of Cork. This state-of-the-art terminal which will open in 2020 will be capable of berthing the largest container ships currently calling to Ireland.

The Port of Cork Company is a commercial semi-state company responsible for the commercial running of the harbour as well as responsibility for navigation and berthage in the port.  The Port is the main port serving the South of Ireland, County Cork and Cork City. 

Types of Shipping Using Port of Cork

The Port offers all six shipping modes from Lift-on Lift-off, Roll-on Roll-off, Liquid Bulk, Dry Bulk, Break Bulk and Cruise liner traffic.

Port of Cork Growth

The port has made impressive strides in recent decades. Since 2000, the Port of Cork has invested €72 million in improving Port infrastructure and facilities. Due to its favourable location and its modern deepwater facilities, the Port is ideally positioned for additional European trading as well as for yet unexploited direct deep-sea shipping services. A well-developed road infrastructure eases the flow of traffic from and to the port. The Port of Cork’s growing reputation for quality service, including prompt and efficient vessel turnaround, ensures its position as a vital link in the global supply chain. The Port of Cork Company turnover in 2018 amounted to €35.4 million, an increase of €3.9 million from €31.5 million in 2017. The combined traffic of both the Ports of Cork and Bantry increased to 10.66 million tonnes in 2018 up from 10.3 million tonnes in 2017.

History of Port of Cork

Famous at the last port of call of the Titanic, these medieval navigation and port facilities of the city and harbour were historically managed by the Cork Harbour Commissioners. Founded in 1814, the Cork Harbour Commissioners moved to the Custom House in 1904.  Following the implementation of the 1996 Harbours Act, by March 1997 all assets of the Commissioners were transferred to the Port of Cork Company.

Commercial Traffic at Port of Cork

Vessels up to 90,000 tonnes deadweight (DWT) are capable of coming through entrance to Cork Harbour. As the shipping channels get shallower the farther inland one travels, access becomes constricted, and only vessels up to 60,000 DWT can sail above Cobh. The Port of Cork provides pilotage and towage facilities for vessels entering Cork Harbour. All vessels accessing the quays in Cork City must be piloted and all vessels exceeding 130 metres in length must be piloted once they pass within 2.5 nautical miles (4.6 km) of the harbour entrance.

Berthing Facilities in Cork Harbour

The Port of Cork has berthing facilities at Cork City, Tivoli, Cobh and Ringaskiddy. The facilities in Cork City are primarily used for grain and oil transport. Tivoli provides container handling, facilities for oil, livestock and ore and a roll on-roll off (Ro-Ro) ramp. Prior to the opening of Ringaskiddy Ferry Port, car ferries sailed from here; now, the Ro-Ro ramp is used by companies importing cars into Ireland. In addition to the ferry terminal, Ringaskiddy has a deep water port.

Port of Cork Development Plans

2020 will be a significant year for the Port of Cork as it prepares to complete and open the €86 million Cork Container Terminal development in Ringaskiddy.

Once operational the new terminal will enable the port to handle up to 450,000 TEU per annum. Port of Cork already possess significant natural depth in Cork harbour, and the work in Ringaskiddy Port will enable the Port of Cork to accommodate vessels of 5500 to 6000 TEU, which will provide a great deal of additional potential for increasing container traffic.

It follows a previous plan hatched in 2006 as the port operated at full capacity the Port drew up plans for a new container facility at Ringaskiddy. This was the subject of major objections and after an Oral Planning Hearing was held in 2008 the Irish planning board Bord Pleanala rejected the plan due to inadequate rail and road links at the location.  

Further notable sustainability projects also include:

  • The Port of Cork have invested in 2 x STS cranes – Type single lift, Model P (148) L, (WS) Super. These cranes contain the most modern and energy-efficient control and monitoring systems currently available on the market and include an LED floodlight system equipped with software to facilitate remote diagnostics, a Crane Management System (CMS) and an energy chain supply on both cranes replacing the previous preferred festoon cabling installation.
  • The Port of Cork has installed High Mast Lighting Voltage Control Units at its two main cargo handling locations – Tivoli Industrial & Dock Estate and Ringaskiddy Deep-water & Ferry Terminals. This investment has led to more efficient energy use and reduced risk of light pollution. The lights can also be controlled remotely.
  • The Port of Cork’s largest electrical consumer at Tivoli Container Terminal is the handling and storage of refrigerated containers. Local data loggers were used to assess energy consumption. This provided timely intervention regarding Power Factor Correction Bank efficiency on our STS (Ship to Shore) Cranes and Substations, allowing for reduced mains demand and reducing wattless energy losses along with excess charges. The information gathered has helped us to design and build a reefer storage facility with energy management and remote monitoring included.

Bantry Port

In 2017 Bantry Bay Port Company completed a significant investment of €8.5 million in the Bantry Inner Harbour development. The development consisted of a leisure marina, widening of the town pier, dredging of the inner harbour and creation of a foreshore amenity space.

Port of Cork Cruise Liner Traffic

2019 was a record cruise season for the Port of Cork with 100 cruise liners visiting. In total over 243,000 passengers and crew visited the region with many passengers visiting Cork for the first time.

Also in 2019, the Port of Cork's Cruise line berth in Cobh was recognised as one of the best cruise destinations in the world, winning in the Top-Rated British Isles & Western Europe Cruise Destination category. 

There has been an increase in cruise ship visits to Cork Harbour in the early 21st century, with 53 such ships visiting the port in 2011, increasing to approximately 100 cruise ship visits by 2019.

These cruise ships berth at the Port of Cork's deepwater quay in Cobh, which is Ireland's only dedicated berth for cruise ships.

Passenger Ferries

Operating since the late 1970s, Brittany Ferries runs a ferry service to Roscoff in France. This operates between April and November from the Ro-Ro facilities at Ringaskiddy. Previous ferry services ran to Swansea in Wales and Santander in Spain. The former, the Swansea Cork ferry, ran initially between 1987 and 2006 and also briefly between 2010 and 2012.

The latter, a Brittany Ferries Cork–Santander service, started in 2018 but was cancelled in early 2020.

Marine Leisure

The Port of Cork has a strategy that aims to promote the harbour also as a leisure amenity. Cork’s superb natural harbour is a great place to enjoy all types of marine leisure pursuits. With lots of sailing and rowing clubs dotted throughout the harbour, excellent fishing and picturesque harbour-side paths for walking, running or cycling, there is something for everyone to enjoy in and around Cork harbour. The Port is actively involved with the promotion of Cork Harbour's annual Festival. The oldest sailing club in the world, founded in 1720, is the Royal Cork Yacht Club is located at Crosshaven in the harbour, proof positive, says the Port, that the people of Cork, and its visitors, have been enjoying this vast natural leisure resource for centuries. 

Port of Cork Executives

  • Chairman: John Mullins
  • Chief Executive: Brendan Keating
  • Secretary/Chief Finance Officer: Donal Crowley
  • Harbour Master and Chief Operations Officer: Capt. Paul O'Regan
  • Port Engineering Manager: Henry Kingston
  • Chief Commercial Officer: Conor Mowlds
  • Head of Human Resources: Peter O'Shaughnessy