November 11th, 2009
At a sitting of the District Court held at Athy on 10th November 2009, Mr. James O’ Reilly a farmer with an address at St. Johns, Castledermot was prosecuted by the Southern Regional Fisheries Board following investigations by the Board into a fish kill on the River Lerr which occurred following drainage works by Mr. O’ Reilly which took place on 23rd February 2009. Mr David Mc Inerney, Senior Fisheries Environmental Officer with the Board, told Judge Zaidan that he investigated drainage works which he found taking place on the River Lerr, near Castledermot, Co. Kildare. In reply to questions put to him, Mr. Mc Inerney said that 240 metres of the river had been badly damage by a digger which removed bed and bankside material from the river. There were dead trout, lamprey and crayfish in the river bed material which had been excavated and deposited on a laneway running parallel with the river. Mr. Mc Inerney described how the work had badly damaged the river as a habitat for fish and said that the works had been carried out in the annual closed season when many fish species are particularly vulnerable. The river Lerr is an important river which has been designated as an SAC (Special Area of Conservation) under the Habitats Regulations and the river supports a wide variety of fish life including salmon, trout, lamprey and crayfish.
In evidence, Mr. Mc. Inerney told the Court that Mr. O’ Reilly had employed a contractor to drain the river in an attempt to alleviate flooding on surrounding lands and Mr. O’ Reilly had claimed to be unaware of the damage the work was having on the aquatic life of the river. On the day of the investigation the contractor and Mr. O Reilly co-operated fully with Mr. Mc Inerney in immediately terminating the works.
Mr. O Reilly through his legal representative pleaded guilty to the charge. While considering the evidence Judge Zaidan, commented that the penalties under the relevant section of the Fisheries Act are not commensurate with the seriousness of the offences and are unlikely to offer a sufficient deterrent to a potential offender. Judge Zaidan took into consideration the guilty plea, the defendant’s age and the fact that Mr. O Reilly cooperated fully with the Fisheries Board and fined the defendant €800 under the Fisheries Consolidation Act, 1959. The Board was awarded costs of €1004.15 and expenses of €369.57.
Commenting on the circumstances of the prosecution, Mr. Mc Inerney explained there is a prohibition under the Fisheries Acts from interfering with the bed, bank or shallow of a river. In limited circumstances where instream works are necessary, these may, after consultation and agreement with the Fisheries Board take place during the open season (July-September inclusive for waters in the jurisdiction of the Southern Regional Fisheries Board).
Ends.
For further information contact Mr. David Mc Inerney, Senior Fisheries Environmental Officer