Successful prosecutions

Zzippy

Some good results in court for fishery authorities this week...

http://www.fisheriesireland.ie/Press-releases/man-prosecuted-for-illegal-netting-of-bass-at-night-in-tramore-bay-co-waterford.html

Man prosecuted for illegal netting of bass at night in Tramore Bay, Co. Waterford

At a sitting of the District Court held at Waterford on Wednesday 2nd May 2014, Mr. Brendan Keane, Kilcaragh, Grantstown, County Waterford was prosecuted by Inland Fisheries Ireland (IFI) for illegal netting of bass in Tramore Bay, Co. Waterford. Mr. Keane pleaded guilty to possession of a net, use of a boat while illegal fishing, obstructing and impeding IFI officers all contrary to the 1959 Fisheries Consolidation Act and possession of nine bass contrary to a 2007 bye-law.

Mr. Tony O Dwyer, an Inspector with IFI, outlined in detail to Judge Kevin Staunton the complex series of events which unfolded when he and a colleague with co-operation from the Gardaí were investigating illegal netting of fish near Saleens, Co. Waterford at approximately 5 am on Sunday the 25th of August 2013. He and fishery officer Isaac Ferns came upon a situation where Mr. Keane and an accomplice were illegally fishing with a net and a small boat under cover of darkness at Saleen, Tramore, Co. Waterford. Mr. Keane began aggressively swinging an oar and roaring obscenities at the two IFI officers and was searching for his gun in the boat when they approached him as he came ashore. He and his accomplice retreated back to the open sea in the tiny unseaworthy boat putting them in extreme danger. The tiny craft was not capable of dealing with the sea conditions and Mr. Keane had no buoyancy aid or life jacket. The Gardaí were left with no choice but to alert the RNLI and Coastguard when what began as a fisheries investigation turned into a multi-agency marine search operation. The Coastguard was then left with no choice but to deploy the Coastguard helicopter as a precaution when Mr. Keane’s boat was found drifting without passengers while he and his accomplice were found safely ashore but refused to admit to the Gardaí that they were indeed the occupants of the now empty boat drifting at sea.

IFI staff seized the small craft and a 120 meter drift net along with 9 dead Bass during the investigation. Judge Kevin Staunton convicted Mr. Keane imposing a 4 months suspended sentence, fines totaling €3,000.00 and awarded expenses of €751.02 to Inland Fisheries Ireland. Mr. Keane’s boat and net were also forfeited.

The Director with Inland Fisheries Ireland Clonmel commented that the area in question is famous for having great stocks of bass, salmon and sea trout. Net fishing for Bass is illegal and such activity has the potential to do huge damage to stocks and IFI dedicate significant manpower and resources in trying to combat such activity. The sale of wild Irish Bass is also illegal and it is important that the public do not support illegal fishing by buying these fish. There are a limited number of traditional inshore salmon net fisheries licensed in Ireland. He wished to thank the dedication of members of the RNLI, the Coastguard, the Gardai and staff at IFI for undertaking what is difficult work in a challenging environment and how the various agency’s work co-operatively in protecting both the lives of people at sea and also our wonderful wild fishery.

Ends...

http://www.fisheriesireland.ie/Press-releases/judge-convicts-two-men-for-illegal-fishing.html

Judge Convicts Two Men for Illegal Fishing

At a sitting of Galway District Court on the 6th of May, Judge Mary Fahy convicted two men of illegal fishing on the Clare River in 2013. James Fahy, Ballindooley, Co. Galway, was convicted of three offences on two dates in June and August 2013, while Michael McGath, Polkeen, Castlegar, Co. Galway was convicted of one offence in August 2013.

Judge Fahy heard evidence from Fisheries Inspector Pat Gorman that on June 18 last, fishery officers observed a man using a net on the Clare River. When approached, the man attempted to reverse his vehicle away down a side road, but fishery officers intervened. During this, Fishery Officer Paul Reynolds was assaulted. Mr. Fahy was apprehended, and a search of the vehicle revealed a net, 6 large salmon and 2 large trout. Mr. Fahy pleaded guilty to illegal possession of the fish, and to assault and obstruction. He pleaded guilty to a further charge of illegal possession of a net at the same location on August 11th, when he was again observed by fishery officers fishing and then concealing a net. Judge Fahy convicted Mr. Fahy and fined him €1,750 with €600 costs, and ordered him to pay €500 compensation to Mr. Reynolds. Judge Fahy commented in court that illegal fishing hits already depleted fish stocks, and affects tourism. She considered a driving disqualification in light of the use of the vehicle in the course of the offence, but as this was a first offence a driving ban was not imposed.

At the same court sitting, Michael McGath was convicted of illegal possession of a net on August 11th, and fined €100 with €600 costs.

Ends...

Bio Mech

So you get away with assault on a state officer now if you give him 500 quid? :rolleyes:

Sentence should have been much harsher IMO, especially in the second case. But I guess its better than nothing.

Joeseph Balls

Does anyone else hate this 'his first offence' sh1te.
He tried to flee, then assaulted a FO.
What he didnt know it was illegal:rolleyes:?

Zzippy

Bio Mech wrote: »

So you get away with assault on a state officer now if you give him 500 quid? :rolleyes:

Sentence should have been much harsher IMO, especially in the second case. But I guess its better than nothing.

Joeseph Balls wrote: »

Does anyone else hate this 'his first offence' sh1te.
He tried to flee, then assaulted a FO.
What he didnt know it was illegal:rolleyes:?

Judges are restrained by guidelines on sentencing - for first offences they are pretty much forced to reduce fines and not give custodial sentences, as invariably these would be overturned on appeal. This guy now has 3 convictions which will count against him significantly the next time he's in court. This was a good result. Some judges don't give a **** about fisheries offences, if this case wsa heard before the district judge in Mayo it would have been 50:50 whether a conviction would have been recorded at all, even with a guilty plea...

Joeseph Balls

Zzippy wrote: »

Judges are restrained by guidelines on sentencing - for first offences they are pretty much forced to reduce fines and not give custodial sentences, as invariably these would be overturned on appeal. This guy now has 3 convictions which will count against him significantly the next time he's in court. This was a good result. Some judges don't give a **** about fisheries offences, if this case wsa heard before the district judge in Mayo it would have been 50:50 whether a conviction would have been recorded at all, even with a guilty plea...

I understand that, but how much of a deterent would it be if his vehicle was taken?
I've even read stories of deer poachers keeping their gun licences as it was 'a first offence' and getting a fine of 300quid:rolleyes: thats about 2 deer worth to a game dealer.

dmc17

Another one here

mercfisher

In Kerry ...A Waterville man was apprehended by 3 FO's at 10.30 PM on 26th Aug 2013 in posession of a net and salmon, Sean O' Shea of Guarraannafulla lives just 400 yds from where he was caught with the net ! his solicitor stated that he has never been in trouble before, not even a parking or speeding ticket, he saw the net and decided to pull it up to have a look it wasn't his net you see ! (roll of eyes)....so with that a €150 fine and €20 for the posession of the illegal salmon was imposed at the same court a young lad threw a plastic bottle at a Garda Car was fined €750 well now that just says it all I rest my case.

Flysfisher

This is really pathetic punishment for this behaviour. It will never never stop, there is no meaningful deterrent.

saw a programme to rte a while ago some lad was given a prison sentence of 6 months in the US for PLANNING to smuggle Rhino horns. He was caught in Shannon airport with an actual suitcase full of Rhino horns, approx 500k value, and the paddies gave him a €500 fine.

We haven't got a clue.

Richie Lxp

Its a disgrace and a shame at this stage, every water in the country with any kind of access is being hammerd. My local stretch of the river liffey is turning into a all you can eat. Fires, rubbish everywhere and sighns of people cooking and eating there catch on the bank side is a regular occurance.

If anyone reading this lives in the leixlip, celbridge area and wants to DO SOMETHING about our local waters getting raped ring this number. !890 347 424. Or While the local elections are running the next time your local td calls ask them what THEY are going to do about this mess.

IF no one does anything its jus going to keep on happening, get the finger out, make a phone call, send a email.
..