January 19th, 2010
At a sitting of the District Court held at Castlecomer on 18th January 2010, Mr. George Quirke with an address at The Ridge, Bilboa, County Kilkenny via Carlow was prosecuted by the Southern Regional Fisheries Board, following investigations into discolouration and turbidity which was detected by the Boards’ officers while patrolling the main channel of the Coolcullen River at the county boundary between Kilkenny and Carlow on the evening of Monday 12th January 2009. Mr. Patrick Kilfeather Senior Fisheries Environmental Officer with the Board told Judge William Harnett that following investigations it had been found that Mr. Quirke had engaged a contractor to remove gravel from the Coolcullen River at Coolcullen County Kilkenny, and this had been brought to a location on Mr. Quirkes’ land where it had been levelled to provide a parking area for farm machinery. In reply to questions put to him, Mr. Kilfeather told the court that Mr. Quirkes’ contractor had immediately stopped the gravel removal when directed to do so by the Board, and that both Mr. Quirke and his contactor had cooperated fully with the Board in its’ investigations. Photographic evidence was presented to the Court by the Fisheries Board which showed that a large quantity of gravel had been excavated from within the river channel and piled ready for removal. Evidence was also given detailing how a tractor and trailer had been used to draw the gravel from the river to Mr. Quirks' lands.
Mr. Michael Lanigan Solicitor appearing on behalf of Mr. Peter T. Reilly Solicitor representing the Fisheries Board told the Court that Mr. Quirke had been fully cooperative with the Board, and was pleading in the matter.
In passing judgement, Judge Harnett noted from the photographic evidence that the size of the river was such as to suggest that as distinct from it being an angling water, it was perhaps more suitable for fish breeding. He said that for this reason the defendant may not have appreciated the extent to which fish life were present. Confirming this was the case, Mr. Kilfeather explained there was a substantial brown trout population in the river immediately upstream of where the gravel removal had taken place, and from his interviews with Mr. Quirke, it was clear the defendant was unaware of the fisheries significance of the waters in question.
Having heard the evidence, Judge Harnett imposed a fine of €200.00 on Mr.Quirke, and made an order directing that he pay the Boards investigation expenses of €1,109.64 and legal costs of €1,162. 10.
Commenting on the circumstance of the prosecution, Mr. Kilfeather on behalf of the Fisheries Board told the Kilkenny People Newspaper that there is a prohibition under the Fisheries Acts from interfering with any spawning bed, bank or shallow of a river, or for obstructing or disturbing fish. In no circumstances is it permissible for to remove gravel from a river for to use it as in the case of Mr. Quirke for construction purposes. However he stressed that in limited circumstance where instream works are necessary to prevent erosion and damage to river banks, works necessary to prevent such erosion may, after consultation and agreement with the Board where the waters in question are not part of a special area of conservation, take place during the open season with the ideal time being between July and September inclusive. He said that in circumstances where works were necessary to protect bank areas and minimise erosion, contact should be made with the Fisheries Board where advice will be readily forthcoming, and where as far as possible, land owners will be permitted to carry out necessary works under supervision. Mr. Kilfeather also told the Kilkenny People that this is the fourth such prosecution for an offence of this nature which had been before the Courts in recent weeks, and in each instance, significant penalties were imposed with costs and expenses being awarded to the Board. Mr. Kilfeather also said that the Board was seeking the assistance and cooperation of farmers and landowners as the primary custodians of the natural environment, not to engage in works likely to have effects on the fisheries and aquatic environment. In this regard Mr. Kilfeather added he wished particularly to acknowledge the many farmers and landowners who had and continue to make contact with the Board to ensure that necessary works which they require to undertake can be done in a fish friendly manner at the appropriate time of year. He also called on contractors not to carry out any works in or bordering rivers and streams without prior approval, and stressed that penalties for unauthorised instream works under the Fisheries Acts are due to significantly increase under legislation currently before the Dail.