Waterford farmers prosecuted by Inland Fisheries Ireland for unauthorised instream works on the River Nier

Press Release 16/01/13

At a sitting of the District Court held at Clonmel on 15th January 2013, Mr. Oliver O’ Gorman with an address at Ballymakee, Ballymacarbry, County Waterford and Mr. Michael O’ Gorman of Glasha, Ballymacarbry were prosecuted by Inland Fisheries Ireland (IFI), following investigations into discolouration and turbidity which was detected in the main channel of the River Nier on the evening of Saturday 24th March 2012. Mr. Patrick Kilfeather Senior Fisheries Environmental Officer with IFI told Judge Terence Finn that following investigations, it had been found that Oliver O’ Gorman removed gravel from the Nier and used this in the construction of a roadway through his farm, while Michael O ‘Gorman had removed boulders and rocks from the river upstream to use in bank protection works on his farm. Additionally the Court was told that Michael O’ Gorman had dug out the bed of a tributary of the Nier, and that the trib utary in question was a very important salmon producing water.

In reply to questions put to him by Mr. Peter T. Reilly, Solicitor for IFI, Mr. Kilfeather told the court that had IFI been approached by the farmers concerned, advice and guidance would have been provided and it would have been possible to undertake certain works under IFI supervision during the period July-September. Mr. Dolph Mc Grath, Solicitor, representing both defendants entered a plea and submitted they were hard working young farmers who had learned an expensive lesson, and had not intentionally set out to cause environmental damage.

In passing judgement, Judge Terence Finn noted that the works carried out had been ill considered and ill advised adding that the defendants could have acquired the gravels and boulders they needed from a quarry as distinct from taking them from the river Nier. He commented it was a pity the defendants had not sought advice from IFI and noted from Mr. Kilfeathers evidence that such advice and guidance would have been readily provided. Judge Finn convicted both defendants. Michael O’ Gorman was fined €1000.00 and directed to pay legal costs of €671.75 and expenses of €760.97 to IFI. A second charge against him for works on the Nier tributary was marked proven and taken into account. Oliver O’ Gorman was also fined €1000.00 and directed to pay legal costs of €658.75 and expenses of €704.01.

Commenting on the circumstance of the prosecution, the Regional Director with Inland Fisheries Ireland said there is a general prohibition under the Fisheries Acts from interfering with river and stream habitat. In no circumstances is it permissible to remove materials from a river for use, as in this case, for construction purposes. He said that IFI 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 he acknowledged the many farmers and landowners who had and continue to make contact with IFI to ensure that works which they require to undertake can be done in an environmentally sustainable manner.
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Media enquiries:

David McInerney,
Director, Inland Fisheries Ireland- Clonmel,
Anglesea Street, Clonmel, Co. Tipperary.
Tel: 052 6180055 Fax: 052 6123971
Email: David.mcinerney@fisheriesireland.ie Website: www.fisheriesireland.ie

Notes to the 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 promotes, supports, facilitates and advises the Minister on, the conservation, protection, management, development and improvement of inland fisheries, including sea angling. It also develops and advises the Minister on policy and national strategies relating to inland fisheries and sea angling. www.fisheriesireland.ie