Displaying items by tag: Courts
Campaigners Appealing Dismissal of Legal Challenge to Larne Lough Gas Cavern Plans
Local campaigners are taking their challenge against proposed gas caverns under Larne Lough to the Court of Appeal, following its dismissal by the High Court in August.
As previously noted on Afloat.ie, all seven grounds of the legal challenge brought jointly by campaign groups No Gas Caverns and Friends of the Earth NI were dismissed at the High Court in Belfast.
But as Belfast Live reports, the groups are mounting an appeal of Justice Michael Humphreys’s ruling under two grounds: failure to refer the marine licence applications to the Executive Committee; and the taking into account of an irrelevant consideration, namely the fossil fuel scheme’s promise of a ‘community fund’.
The groups argue that former Environment Minister Edwin Poots acted unlawfully when he approved a marine license for plans to store half a billion cubic metres of natural gas under the lough.
It’s feared that “hyper-saline” water that would be released by carving out the salt caverns beneath the lock would threaten vulnerable marine wildlife and even create a “dead zone”.
Belfast Live has more on the story HERE.
Man Convicted for Using Barbed Fishing Hook on River Lee
Inland Fisheries Ireland (IFI) has welcomed the successful prosecuted of a man for using a barbed fishing hook in Cork.
Stephen Hackett of Leitrim Street, Cork was found guilty of using the hook, refusing to provide personal details when asked, and impeding an IFI officer.
At the hearing on Wednesday 20 September, Cork District Court was told Hackett was observed fishing with a barbed hook — prohibited under a River Lee Bye-law — at Jenning’s Pool, on the north bank of the River Lee’s south channel, on 6 August 2022.
IFI fisheries officer Stephen Kiely said Hackett refused to provide his name and address when requested to do so, and generally impeded the investigation.
Fines of €250 were imposed for each of the three offences: using a barbed hook, refusing to give a name and impeding an authorised officer.
Hackett was also ordered to pay costs of €350 to IFI. He was found guilty of two breaches of Section 301 (7) of the Fisheries (Consolidation) Act 1959, and one breach of the 2006 (River Lee) Bye-law No. 811.
Hackett did not appear in court.
He had also been prosecuted by IFI in July this year at Fermoy District Court, where he was fined €500, plus €350 in costs to IFI, for similar offences.
Commenting on Tuesday 3 October, Sean Long, director of the South-Western River Basin District at IFI said: “I welcome the determination in this case. Angling methods on the River Lee are tightly controlled.
“The use of triple-barbed hooks is completely banned on this section of the River Lee. There were a limited number of salmon and sea trout available to kill in 2022 - and therefore there are restrictions on the type of fishing hook that can be used.
“Single barbless hooks cause less injuries to the fish. They are easier to remove, and also reduce handling time, which can be an important factor influencing survival.
“Anglers or members of the general public can report illegal fishing incidents, or those relating to water pollution, or fish kills, to our 24/7 confidential phone number, 0818 34 74 24.”
Three Men Convicted for Illegal Fishing Activities on the River Shannon
Inland Fisheries Ireland (IFI) has secured convictions against three men for illegal fishing offences on the River Shannon.
Two men were convicted of illegal salmon netting on the River Shannon, and another man has been convicted of possessing an unlawfully captured salmon.
Damien Mallard and Calvin Hughes of St Mary’s Park, Limerick were observed by IFI officers setting a 100-metre salmon net from a boat, spanning almost the entire width of the River Shannon in Limerick city.
Separately, Ger Molloy of St Mary’s Park, Limerick was convicted of possessing an unlawfully captured salmon.
In the early hours of 22 July 2022, IFI officers apprehended Mallard and Hughes and seized a net which the men had retrieved and brought onboard a boat.
With the assistance of An Garda Síochána, the boat was also seized.
The case was heard at Limerick District Court on Friday 8 September this year.
The court heard how Mallard was convicted of previous illegal fishing offences, and a four-month suspended sentence was imposed for two years in October 2020. As the date of the July 2022 offence was within the two-year period of the suspended sentence, the sentence was invoked.
Taking on board the early plea, but also the seriousness of the offences, a one-month custodial sentence was imposed by the court.
Legal counsel for Mallard indicated he would appeal the sentence with general bail conditions attaching to this appeal. This has the effect of staying the operation of the District Court order until such time as the appeal is concluded in the Circuit Court.
Costs of €560 to IFI were granted.
The co-accused — Hughes, who pleaded guilty to the same illegal salmon netting offence — received a fine of €250 and costs of €250 were awarded to IFI.
Separately, in a case heard on Friday 8 September at Limerick District Court, Ger Molloy was convicted of possessing an unlawfully captured salmon.
The court heard how on 1 July 2022, Molloy was observed angling for and catching a salmon by rod and line in the tailrace portion of the River Shannon.
A fine of €250 was imposed, and IFI was awarded costs of €250.
Commenting on the cases, David McInerney of the Shannon River Basin District at IFI said: “The lower River Shannon is open to salmon fishing on a catch-and-release basis only. Salmon numbers in the River Shannon catchment are significantly below levels required to sustain a healthy natural population.
“Any illegal fishing puts further pressure on a very important and iconic wild Irish fish. In 1971, a total of 1.2 million wild salmon returned to Ireland. Last year, that number was just 171,697 — representing a fall of 86 per cent.”
IFI encourage the public to report incidents of illegal fishing, water pollution or fish kills to its 24/7 confidential phone line at 0818 34 74 24.
Legal Challenge Over Larne Lough Gas Caverns Is Dismissed
The High Court in Belfast has dismissed a legal challenge against proposed gas caverns under Larne Lough.
As previously reported on Afloat.ie, judgment was reserved in early May in the "complex" and "significant" judicial review into granting a marine licence for the plans to store half a billion cubic metres of natural gas under the lough.
Northern Ireland’s main conservation groups have been united against the proposals on environmental grounds, with a number of demonstrations taking place earlier this year.
According to BBC News, Justice Michael Humphreys dismissed all seven grounds of the legal challenge brought jointly by campaign groups No Gas Caverns and Friends of the Earth NI.
The latter said the ruling on Thursday (31 August) is “incredibly disappointing for our environment”.
BBC News has more on the story HERE.
Inland Fisheries Ireland (IFI) has secured combined fines of €8,500 against two separate landowners for destroying stretches of their local rivers in Laois and Tipperary.
In Co Laois, Michael Hosey was convicted of carrying out works on 800 metres of river channel at Trumera, Mountrath, thereby impacting the habitats of trout, lamprey and eels along the river.
In Co Tipperary, Milo Cuddihy was convicted of carrying out instream works on 300 metres of the Lingaun River at Breanormore, affecting the habitats of salmon, trout, lamprey and eel populations.
Cuddihy was fined a total of €4,000, and directed to pay a further €750 in costs to IFI.
IFI became aware of the issue on 28 January this year and the case was heard at Carrick-on-Suir District Court on 5 July.
Separately, Hosey was also found guilty of two breaches of fisheries legislation for the destruction of a local river.
Portlaoise District Court heard Hosey’s motivation for carrying out the work was to drain land to alleviate flooding.
At a sitting on 16 June, the court was told that 800 metres of river channel on Hosey’s property and on an adjoining property had been dug out, deepened, re-profiled and the river bank vegetation removed.
Realignment of the Lingaun River with river-bed material on the bankside | Credit: IFI
He carried out these extensive instream works in the closed season at his farm in Trumera, Mountrath, Co Laois in December 2022.
Hosey received total fines of €3,000, and was also ordered to contribute €750 towards the costs of the prosecution.
Commenting on both cases, Lynda Connor, South-Eastern River Basin District director at IFI said: “These were acts of ecological destruction. The actions of the defendants demonstrated a real disregard for the rivers, their fish species and habitats.
“IFI will continue to prosecute such illegal activity in fulfilment of its remit to protect and conserve Ireland’s important inland fisheries resource.
“The decimation and removal of a river’s habitat can be devastating in terms of its effects on fish. It can also impact instream biodiversity such as vegetation and insects.”
Connor added: “Landowners need to seek all necessary and relevant information from their advisors, and from Inland Fisheries Ireland, before carrying out any works near, or on, a watercourse adjacent to their land.
“The appropriate window for any instream works is between July and September, but only with the guidance and permission of IFI. During the closed season, from October to June, no works should take place in a river.
“IFI continues to 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 on minding Ireland’s watercourses from Teagasc.
Inland Fisheries Ireland (IFI) has secured a prosecution against Uisce Éireann for pollution of the River Liffey at a water treatment plant in Ballymore Eustace, Co Kildare.
At a recent sitting of Naas District Court, Judge Desmond Zaidan convicted Uisce Éireann (formerly Irish Water) of water pollution offences in the Liffey, which dated to June 2022.
The conviction was secured against Uisce Éireann on Monday 3 July under Section 171 of the Fisheries (Consolidation) Act 1959, for allowing deleterious matter to enter the River Liffey’s main channel upstream of Ballymore Eustace.
Uisce Éireann pleaded guilty to the charges and was fined €5,000, and ordered to pay an additional €5,500 in costs and expenses.
Commenting on the case, Brian Beckett, Eastern River Basin District Director at IFI said: “Point-source pollution events such as this are entirely avoidable through good on-site management, regular visual checks, and monitoring of discharge points.
“Effluent discharges can significantly impact fish populations and other aquatic life of receiving waters. River Liffey fish populations, comprising several fish species, are under significant ecological pressure.
“Despite this pressure, the River Liffey remains one of only a handful of European capital cities through which a self-sustaining population of Atlantic salmon migrate.
“Fines imposed in this case will be invested in water quality and habitat improvements in the River Liffey catchment.
“IFI is currently working on a number of initiatives in the River Liffey catchment with regulatory and non-regulatory stakeholders with a view to maximising the sustainability of all fish — including Atlantic salmon — and their habitat.”
Members of the public are encouraged to report instances of water pollution, illegal fishing or fish kills to IFI’s confidential number at 0818 34 74 24.
Three men have been fined in relation to the illegal capture of 27 salmon and the use of 861 metres of illegal nets off the coast of Mayo.
Patrick O’Donnell, Milan Funket, and Marek Radomsky were observed by Inland Fisheries Ireland (IFI) officers setting drift nets from a boat, skippered by O’Donnell, which were later retrieved at Porturlin, North Mayo.
O’Donnell, Funket and Radomsky appeared before Belmullet District Court on Wednesday 14 June, charged with the offences.
The court was told that O’Donnell was the “ringleader” in the operation. He was convicted and fined a total of €3,000 for breaches of fisheries legislation, a further €1,000 in expenses to IFI and €1,845 in costs to IFI.
Funket was fined €750 for the possession of a net and Radomsky was fined €1,000 for the possession of illegally captured salmon.
Judge Fiona Lydon heard evidence from Inspector Lonan O’Farrell of IFI, that on 17 June 2022 he observed the three men setting a drift net from the boat, the Cailin Ban.
The net was later retrieved and placed in the boat, following which the Cailin Ban headed for Porturlin pier.
On its arrival at the pier a crew member disembarked, and the illegally caught salmon were put into a van. IFI officers intercepted the van at the pier, cautioned and questioned the driver, and seized the 27 salmon.
However, despite efforts by IFI fisheries officers to speak to the crew, the boat returned to sea and three bags were seen thrown overboard.
The Cailin Ban re-entered Porturlin pier where IFI officers boarded the boat and cautioned the two men on board. IFI personnel later retrieved the bags with the illegal drift nets that had been discarded at sea.
Francis O’Donnell, chief executive of IFI said: “The scale of this illegal salmon netting at sea was at a commercial level, and posed a significant threat to our wild Atlantic salmon stocks. It is a serious environmental crime, and such crimes will not be tolerated by IFI.”
Mary Walsh, IFI’s director of the Western River Basin District in Ballina added: “I commend the coordinated response of our dedicated teams. There were many factors contributing to the success of this operation, including intelligence, leadership, and planning, as well as the availability and use of specialised equipment.”
Loughs Agency Secures ‘Favourable Outcome’ in High Court Proceedings Over Foyle Oyster Fishery
The Loughs Agency has welcomed the cessation of two recent High Court cases in Dublin that it says sought to prevent the agency from effectively regulating the Lough Foyle oyster fishery.
This follows a decision by the plaintiffs to withdraw their various claims, which led to the cases being struck out.
The Loughs Agency is the statutory authority dedicated to sustainably managing, promoting and developing the fisheries and resources of the Foyle and Carlingford areas.
Loughs Agency chief executive Sharon McMahon said: “Throughout the legal proceedings, our commitment to upholding the principles of good governance and fulfilling our statutory obligations has remained unwavering. We have diligently cooperated with the legal process, providing transparency and demonstrating the strength of our position.
“This favourable outcome not only showcases the robustness of our operations but also reaffirms the legal position of our statutory responsibilities. As a trusted North South Implementation Body, we consistently strive to fulfil our responsibilities and act in the best interests of the communities we serve.”
The Loughs Agency has responsibility for 4,070 sq km of catchment in the Foyle area and 480 sq km in Carlingford, with responsibility for the two sea loughs and an area extending 12 miles out to sea from Lough Foyle, which stretches to Downhill in Northern Ireland and Malin Head in Donegal.
Its board reports to the North South Ministerial Council (NSMC) and government sponsor departments: the Department of Agriculture, Environment and Rural Affairs (DAERA) in Northern Ireland and the Department of the Environment, Climate and Communications (DECC) in Ireland.
A Sligo angler has been convicted of a breach of fisheries legislation for illegal salmon angling.
Mark Cawley, with an address in Sligo town, was observed in possession of an untagged salmon at Rockwood Parade on the Garavogue River in Sligo town.
The offence took place on 4 July 2022 and an Inland Fisheries Ireland (IFI) officer gave evidence in court.
Cawley was convicted at Sligo District Court on Tuesday 6 June. He was fined €250 for breach of Section 182 of the Fisheries (Consolidation) Act, 1959 — possession of salmon unlawfully captured.
He was ordered to pay costs to IFI of €675 and €106.66 in expenses.
Mary Walsh, director of the Western River Basin District said: “The Garavogue River is open to catch-and-release fishing only. Atlantic salmon stocks are in decline and they need to be protected.
“It is critical for all stakeholders to strictly abide by tagging regulations to safeguard the future of these valuable salmon fisheries.
“IFI actively pursue those who fish illegally. I commend the ongoing surveillance operations carried out by our fisheries protection officers in the district, which led to this conviction.”
A Co Meath angler has been found guilty of two breaches of fisheries legislation for illegal fishing in an area around the Blasket Islands.
Joseph Foley from Trim, Co Meath was observed trolling for protected bluefin tuna off the Kerry coastline using specialist gear including spreader bars, squid lures and game fishing reels.
Fisheries officers boarded his vessel, the Evie Rose, at the mouth of Valentia Harbour on 27 August 2022 and located the equipment stored throughout the boat.
Foley pleaded guilty to two charges: surface trolling from a vessel used for sea angling targeting or catching any species fish under Bye-Law No 981 of 2020 (Control of Sea Angling Method for Certain Species of Fish); and using a boat as an aid to the commission of an offence, contrary to the Fisheries (Consolidation) Act 1959 as amended.
He was convicted at Caherciveen District Court on Thursday 8 June and fined €400 for the breach of Bye-Law No 981/2020. The second charge was marked “taken into consideration”.
An order of forfeiture was made of the fishing gear seized and Foley was ordered to pay €200 costs.
The court was informed of the seriousness of the offences and that recreational fishing for Atlantic bluefin tuna in Irish waters is prohibited unless licensed as part of a limited and tightly controlled ongoing research project.
The court heard that Foley had no previous convictions and had cooperated with fisheries officers.
Commenting after the case, Sean Long, director of the South-Western River Basin District at Inland Fisheries Ireland (IFI) said: “Recreational fishing for Atlantic bluefin tuna in all Irish waters is strictly prohibited.
“This was an intelligence-led operation. It enabled officers to detect and intercept the Evie Rose and ensure that these important species are protected from illegal fishing.
“A tightly controlled licensed research project, studying the movements and abundance of Atlantic bluefin tuna (Tuna CHART) has been underway between July and November annually since 2019. Such illegal angling jeopardises the potential for a viable recreational fishery in the future.
“I wish to acknowledge the vigilance and perseverance of IFI local fisheries officers in this instance.
“Inland Fisheries Ireland continues to encourage members of the public and anglers to report illegal fishing, water pollution, fish kills, or fish in distress, to its confidential 24/7 phone number, 0818 34 74 24.”