A Co. Donegal landowner was found guilty of damaging the habitat of the freshwater pearl mussel, and fined a total of €16,500 at Donegal District Court on June 13.
The case was brought against Richard Homer of Orchard Drive, Donegal town, by the National Parks and Wildlife Service (NPWS) after the man had cleared vegetation, disturbed the bank of the River Eske in Milltown, Donegal, and dug a number of drains to the river.
This work resulted in significant sedimentation to the river; and in the deaths of hundreds of freshwater pearl mussels, and significant stress on those that survived.
The freshwater pearl mussel is a critically and increasingly endangered species, protected under both the Wildlife Act 1976 and the European Communities (Birds and Natural Habitats) Regulations 2011, which has designated the River Eske as a Special Area of Conservation (SAC) for the species.
The River Eske in Donegal is one of the most important rivers in Europe for the species.
A spokesperson for the NPWS said that freshwater pearl mussels are very vulnerable to activities that affect water quality, particularly sedimentation, which will settle on the river bed, creating a physical barrier to water circulation and depriving the mussels of oxygen.
Homer pleaded not guilty to all three separate charges against him.
But he was found guilty of breaching:
- Section 23 of the Wildlife Act 1976 in that he willfully disturbed the breeding and resting place of a protected wild animal;
- Section 69 of the same act in that he used a mechanically propelled vehicle in the commissioning of an offence;
- Regulation 35 of the Birds and Natural Habitats Regulations 2011 in that he caused significant damage to a European site.
The landowner was fined €3,000 for each offence. He was also ordered to pay €2,500 towards a restoration plan for the site and €5,000 in costs.