A farmer and hydroelectric operator in Derry was found guilty of a fishery-related offence and received a 12-month conditional discharge at Coleraine Magistrates Court yesterday (Friday, January 5).
William Black of Moneybrannon Road, Aghadowey, Coleraine was found guilty of one breach of legislation as prescribed under the Fisheries Act (Northern Ireland) 1966, as amended.
The breach related to the 77-year-old’s failure to maintain a fish pass on the Aghadowey river.
As outlined in legislation, a fish pass sufficient to permit the free passage through the dam of salmon, trout and eels at all times shall be provided and maintained by the owner of the dam.
The court was told that on March 10, 2023, Department of Agriculture, Environment and Rural Affairs (DAERA) fisheries protection officers were completing inspections of water abstraction sites to ensure compliance with fisheries legislation.
This is an important time of year when migrating salmon smolts (juvenile salmon) and adult salmon that have spawned are descending rivers.
During the inspection at this site, the inspectors noted that the fish pass was not being maintained.
They found that all water flow in the Aghadowey river was being diverted to operate the hydroelectric turbine owned by Black, leaving it impassable for fish and approximately 600 metres of the river devoid of any water flow.
Black was made aware of these findings and a follow up interview took place, the farmer was advised on his responsibilities to ensure the site was compliant with fisheries legislation.
In a statement, DAERA inland fisheries enforcement said that it is “committed to pursue those whose actions have a detrimental effect on fishery habitat and fish passage”.
“If you are aware or suspect illegal in-river works or fishing, you should contact DAERA Inland Fisheries on 0300 200 7860 or outside office hours contact 0800 807 060,” it added.