Kilkenny County Council prosecuted following fish kill

Press release 05 May 2011

At the sitting of the District Court held at Waterford on Friday 15th April 2011, Kilkenny County Council were prosecuted by Inland Fisheries Ireland (IFI) following investigations by the fisheries authority into a report received concerning a fish kill which occurred in a private pond at Kilmurry near Gyles Quay, Waterford on 29th August 2010. Mr. Patrick Kilfeather Senior Fisheries Environmental Officer with IFI told Judge David Kennedy that following receipt of a complaint from the owner of a ornamental pond at Kilmurry that there was a strong sewage odour, and trout held in the pond were dying, IFI carried out immediate investigations commencing on the Sunday and found that discharges of sewage effluent were being made to a tributary of the Suir flowing from the Slieverue area which was providing a water supply to the fish pond. Mr. Kilfeather described making contact with officials from Kilkenny County Council on the Sunday evening and alerting them to the discharge. He confirmed that immediate cooperation was received from the Council and that they retained specialist drain cleaning contractors to unblock the sewer line.

In reply to questioning from Mr. Peter T. Reilly, Solicitor representing Inland Fisheries Ireland, Mr. Kilfeather confirmed that the Council had immediately agreed to pay the costs associated with restocking of the pond, and stated that restocking had taken place. Describing the incident as very upsetting for the pond owners, Mr. Kilfeather questioned by Mr. Matthew Malone Solicitor, James Harte & Company representing the Council confirmed his understanding that the Council had also undertaken to cover costs associated with the replacement of pumps used by the pond owner in her attempts to rescue some few surviving fish. Mr. Malone told the Judge that the Council very much regretted the incident, and he confirmed the offence was admitted. He also said the Council had given staff contact details to locals least there be any maintenance issues arising in the future.

Mr. Kilfeather questioned by Judge Kennedy stated there had been a number of follow up inspections by him on the sewer network, the Council had carried out repairs on a number of manholes on the network, and at no time since the original incident had there been any evidence of further sewage discharge to the tributary supplying water to the fish ponds.

Responding to Judge Kennedy, Mr. Peter Reilly Solicitor informed the Court that Kilkenny Council had two previous convictions in respect of water pollution offences taken by the IFI’s predecessors in law, the Southern Regional Fisheries Board in respect of discharges at Callan and Mullinavat. Judge David Kennedy in summing up noted that from the evidence presented by IFI, the Council had reacted and responded very fully and comprehensively as soon as matters were brought to their attention. Judge Kennedy convicted the Council and imposed a fine of €2,000.00 and awarded legal costs of €2,157.75 and expenses of €1,852.12 to Inland Fisheries Ireland.

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Media Enquiries:

Suzanne Campion
Head of Business Development
Inland Fisheries Ireland
Anglesea Street,
Clonmel, Co. Tipperary.
Tel: 052 6180055 Fax: 052 6123971;
Email: suzanne.campion@fisheriesireland.ie Website: www.fisheriesireland.ie

Notes to Editor

Inland Fisheries Ireland is a statutory body operating under the aegis of the Department of Communications, Energy and Natural Resources and was established under the Fisheries Act on 1st July 2010. Its principal function is the protection and conservation of the inland fisheries resource. IFI will promote, support, facilitate and advise the Minister on, the conservation, protection, management, development and improvement of inland fisheries, including sea angling and develop and advise the Minister on policy and national strategies relating to inland fisheries and sea angling.