At a sitting of Fermoy District Court on 25th September 2015, Judge Brian Sheridan convicted excavator operator, Mr Tom Luddy of Castlequarter, Kilbehenny, Co. Limerick, under Section 173 (1)(c) & 173 (1)(d) of the Fisheries (Consolidation) Act 1959, relating to the removal of riverbed material from the River Funshion on the Cork / Limerick border.

Judge Sheridan imposed a three-month custodial sentence, suspended for two years with a bond of €500 paid by the defendant, additionally imposing a €100 fine and awarding Inland Fisheries Ireland (IFI) €2,000 towards its costs in the case.

The case related to works carried out during September 2014 which entailed the removal of riverbed material along a continuous excavation of 200 metres of river channel. The case was initially heard at a previous court sitting on 26th June at which the defendant entered a guilty plea on two charges.

IFI gave evidence of its observations of damage to the fisheries resource backed by photographic records of the site which depicted large stockpiles of river gravel in a continuous berm adjacent to the affected river. IFI also noted in its evidence, the defendant’s readiness to co-operate in the planning of remedial works. The defendant then signed a written undertaking to the court that remedial works would be carried out to the satisfaction of IFI, with the case then adjourned to allow for the works to be completed.

At the hearing on 25th September, IFI confirmed that the remedial works had been completed to its satisfaction, with full co-operation from the defendant, and also acknowledged the assertion made by the defence that the remedial works had been a substantial undertaking, stated as costing upwards of €3,000. Judge Sheridan remarked that the initial damaging works would also have been expensive and that he wished to send a message regarding such activity before imposing sentence.

Dr Ciaran Byrne, CEO of Inland Fisheries Ireland, commented: “The affected area of the Funshion River is an important salmon and brown trout nursery and spawning area within the Munster Blackwater River catchment. The serious destruction of fisheries habitat which took place is an environmental crime. Such practices impact stocks of fish and, ultimately, the potential of our wonderful natural resource to contribute environmentally, economically and socially to this particular rural area and the wider Blackwater catchment downstream.”

Recent estimates of the economic contribution of brown trout angling, and salmon and sea trout angling to Ireland’s economy are €148 million and €210 million respectively, supporting 5,088 jobs primarily in rural and peripheral locations.

Inland Fisheries Ireland (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.