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Displaying items by tag: court

#Angling - A Mayo man was charged with possession of eight unlawfully caught salmon at Lacken Pier on 22 July 2015 at a sitting of Ballina District Court earlier this month.

Stephen Rooney of Ballina, Co Mayo pleaded guilty to the charge and was fined €160 with costs amounting to €250.

Judge John Lindsay heard evidence that fishery officers had observed a car on Lacken Pier on the night of 21st July 2015. The officers noticed liquid oozing from the underside of the car, which they suspected to be blood and mucous from fish.

The car was kept under observation overnight, and in the morning several attempts were made to contact Rooney, its owner. The car was searched when he failed to respond, and eight fresh net-marked salmon and an undersized lobster were found in the boot.

Commenting on the case, Inland Fisheries Ireland (IFI) chief executive Dr Ciaran Byrne said: “Netting of salmon in the open sea has been illegal since 2007 as it is indiscriminate and takes fish destined for different river systems, some of which have depleted salmon stocks and are under severe pressure.

“Salmon angling is extremely valuable to the tourism industry in North Mayo and provides revenue, employment to local communities, and recreation to thousands of anglers both local and visiting from abroad and other parts of Ireland. Inland Fisheries Ireland will continue to work to protect this resource for the good of the community.”

Elsewhere, at sitting of Galway District Court on 7 June, Judge John King convicted two Galway fishermen of the non-payment of fines issued by fishery officers, and ordered a third man to pay a donation on the same charge.

Leslie Sammon, with an address at Ballinasloe, Co Galway, was before the court over non-payment of a fixed penalty notice of €150 for failing to complete a logbook upon taking a salmon from the Clare River, Claregalway last July. He was ordered to pay €200 to the RNLI by Judge King, who agreed to a donation in lieu of a conviction.

Alekseys Minkevics, with an address at Knocknacarra, Co Galway, was also summonsed in connection with an incident on the Clare River on 30 September last.

Minkevics, who failed to appear in court, had been observed fishing with live perch, in breach of fisheries legislation, and failed to pay the fine within the required timeframe.

Judge King convicted Minkevics and ordered him to pay €300, as well as €600 in costs. His fishing equipment was also ordered to be forfeited.

Viktor Buss, with an address at Headford Road, Galway was charged with a breach of a coarse fish byelaw on 5 October when he was found in possession of 32 coarse fish, eight times the legal limit. He was issued with a fixed penalty notice of €150 which he failed to pay.

Judge King recorded a conviction against Buss, who did not appear in court, and issued a fine of €300 with costs amounting to €600. His fishing equipment was also forfeited.

IFI has a confidential hotline number to enable members of the general public to report incidents - 1890 34 74 24 or 1890 FISH 24. This phone line is designed to encourage the reporting of incidents of illegal fishing, water pollution and invasive species.

Published in Angling
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#FERRY NEWS - The captain of the cargo ship Union Moon, who was arrested after his vessel collided with a passenger ferry in Belfast Lough, has been charged with 'excess alcohol by the master of a ship'.

BBC News reports that the 55-year-old was set to appear in court today, following his arrest yesterday.

No one was injured in the incident on Wednesday, when the Union Moon collided with the Stena Feronia close to the Fairway buoy between Carrickfergus and Helen's Bay. Both vessels were substantially damaged.

The cargo ship, which was carrying 2,000 tonnes of aggregate, was brought back to Belfast. Philip McNamara of the Donaghdee lifeboat confirmed that a large section of her bow was missing.

Meanwhile, engineers from Stena Irish Sea are assessing the damage to their vessel to determine how long it will be out of service. The Stena Feronia sails the route from Belfast to Birkenhead in Merseyside.

The Maritime and Coastguard Agency, the Marine Accident Investigation Branch and the PSNI are all involved in the investigation.

BBC News has more on the story HERE.

Published in Ferry

#ANGLING - A man narrowly escaped prison for obstructing a fisheries officer in a case taken by Inland Fisheries Ireland (IFI) at Carrickmacross District Court earlier this month.

Piotr Flaga - of Bog Road in Drogheda - was fined €450 by Judge Sean McBride after he was found to have set lines at a lake in Carrickmacross on 18 and 19 August last with the intention of taking coarse fish illegally.

The court heard that when apprehended by Assistant Inspector Ronan O’Brien, Flaga refused to co-operate and would not give his name and address. He then obstructed Asst Insp O’Brien by moving his vehicle towards him in a bid to escape when questioned.

Gardai were called to the scene and subsequently Flaga was issued with two summons.

Flaga entered a guilty plea and was convicted under Sections 301 and 308 of the 1959 Fisheries Act. He was further charged for breach of byelaw 595 of 1977 in relation to fishing in fresh water for coarse fish by means other than rod and line.

The defendant was fined a total of €450 with five months to pay with 14 days imprisonment in default. Some €500 in costs were also awarded to Inland Fisheries Ireland.

Judge MacBride acknowledged Flaga's public apology to Asst Insp O'Brien, but emphasised that any person who came before him in future for a similar offence would face imprisonment.

Published in Angling

Marine Protected Areas (MPAs) - FAQS

Marine protected areas (MPAs) are geographically defined maritime areas where human activities are managed to protect important natural or cultural resources. In addition to conserving marine species and habitats, MPAs can support maritime economic activity and reduce the effects of climate change and ocean acidification.

MPAs can be found across a range of marine habitats, from the open ocean to coastal areas, intertidal zones, bays and estuaries. Marine protected areas are defined areas where human activities are managed to protect important natural or cultural resources.

The world's first MPA is said to have been the Fort Jefferson National Monument in Florida, North America, which covered 18,850 hectares of sea and 35 hectares of coastal land. This location was designated in 1935, but the main drive for MPAs came much later. The current global movement can be traced to the first World Congress on National Parks in 1962, and initiation in 1976 of a process to deliver exclusive rights to sovereign states over waters up to 200 nautical miles out then began to provide new focus

The Rio ‘Earth Summit’ on climate change in 1992 saw a global MPA area target of 10% by the 2010 deadline. When this was not met, an “Aichi target 11” was set requiring 10% coverage by 2020. There has been repeated efforts since then to tighten up MPA requirements.

Marae Moana is a multiple-use marine protected area created on July 13th 2017 by the government of the Cook islands in the south Pacific, north- east of New Zealand. The area extends across over 1.9 million square kilometres. However, In September 2019, Jacqueline Evans, a prominent marine biologist and Goldman environmental award winner who was openly critical of the government's plans for seabed mining, was replaced as director of the park by the Cook Islands prime minister’s office. The move attracted local media criticism, as Evans was responsible for developing the Marae Moana policy and the Marae Moana Act, She had worked on raising funding for the park, expanding policy and regulations and developing a plan that designates permitted areas for industrial activities.

Criteria for identifying and selecting MPAs depends on the overall objective or direction of the programme identified by the coastal state. For example, if the objective is to safeguard ecological habitats, the criteria will emphasise habitat diversity and the unique nature of the particular area.

Permanence of MPAs can vary internationally. Some are established under legislative action or under a different regulatory mechanism to exist permanently into the future. Others are intended to last only a few months or years.

Yes, Ireland has MPA cover in about 2.13 per cent of our waters. Although much of Ireland’s marine environment is regarded as in “generally good condition”, according to an expert group report for Government published in January 2021, it says that biodiversity loss and ecosystem degradation are of “wide concern due to increasing pressures such as overexploitation, habitat loss, pollution, and climate change”.

The Government has set a target of 30 per cent MPA coverage by 2030, and moves are already being made in that direction. However, environmentalists are dubious, pointing out that a previous target of ten per cent by 2020 was not met.

Conservation and sustainable management of the marine environment has been mandated by a number of international agreements and legal obligations, as an expert group report to government has pointed out. There are specific requirements for area-based protection in the EU Marine Strategy Framework Directive (MSFD), the OSPAR Convention, the UN Convention on Biological Diversity and the UN Sustainable Development Goals. 

Yes, the Marine Strategy Framework directive (2008/56/EC) required member states to put measures in place to achieve or maintain good environmental status in their waters by 2020. Under the directive a coherent and representative network of MPAs had to be created by 2016.

Ireland was about halfway up the EU table in designating protected areas under existing habitats and bird directives in a comparison published by the European Commission in 2009. However, the Fair Seas campaign, an environmental coalition formed in 2022, points out that Ireland is “lagging behind “ even our closest neighbours, such as Scotland which has 37 per cent. The Fair Seas campaign wants at least 10 per cent of Irish waters to be designated as “fully protected” by 2025, and “at least” 30 per cent by 2030.

Nearly a quarter of Britain’s territorial waters are covered by MPAs, set up to protect vital ecosystems and species. However, a conservation NGO, Oceana, said that analysis of fishing vessel tracking data published in The Guardian in October 2020 found that more than 97% of British MPAs created to safeguard ocean habitats, are being dredged and bottom trawled. 

There’s the rub. Currently, there is no definition of an MPA in Irish law, and environment protections under the Wildlife Acts only apply to the foreshore.

Current protection in marine areas beyond 12 nautical miles is limited to measures taken under the EU Birds and Habitats Directives or the OSPAR Convention. This means that habitats and species that are not listed in the EU Directives, but which may be locally, nationally or internationally important, cannot currently be afforded the necessary protection

Yes. In late March 2022, Minister for Housing Darragh O’Brien said that the Government had begun developing “stand-alone legislation” to enable identification, designation and management of MPAs to meet Ireland’s national and international commitments.

Yes. Environmental groups are not happy, as they have pointed out that legislation on marine planning took precedence over legislation on MPAs, due to the push to develop offshore renewable energy.

No, but some activities may be banned or restricted. Extraction is the main activity affected as in oil and gas activities; mining; dumping; and bottom trawling

The Government’s expert group report noted that MPA designations are likely to have the greatest influence on the “capture fisheries, marine tourism and aquaculture sectors”. It said research suggests that the net impacts on fisheries could ultimately be either positive or negative and will depend on the type of fishery involved and a wide array of other factors.

The same report noted that marine tourism and recreation sector can substantially benefit from MPA designation. However, it said that the “magnitude of the benefits” will depend to a large extent on the location of the MPA sites within the network and the management measures put in place.

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