A Derry Hydroelectric site manager was found guilty of fisheries related offences and fined a total of £415 at Coleraine Magistrates Court, sitting in Ballymena Magistrates Court on Friday last.
70 year old Gerry Mullan of Glen Road, Garvagh, Coleraine, was found guilty of two breaches of legislation.
These were failure to place gratings, and failure to observe weekend closure.
On March 9th of last year, a routine inspection took place on a site at the Agivey river, which is managed by Mr Mullan on behalf of his son.
DAERA Fisheries Protection Officers noticed that appropriate screening was not in place to prevent fish from entering the workings of the turbine, which can cause injury or death to fish.
The turbine was non-operational, although water was still being abstracted, with any water being discharged over an overflow back into the main river channel.
A fine lattice screen at the point of abstraction must be in place during the months of March, April, and May when salmon smolts are migrating through the river systems.
A follow up visit on March 14th of this year found the site to again be non-compliant with regard to the required screening, and the abstraction of water over the 24-hour weekend closure.
Mr Mullan was made aware of these findings and was instructed that the site must be compliant before being operational again or further enforcement may follow.
The total fine of £415 included £200 for the failure to place gratings, a further £200 for the failure to observe weekend closure, along with an offender levy of £15.
Read the full report below:
Hydro Electric Operator fined for fisheries related offences
A Co Londonderry Hydroelectric site manager was found guilty of fisheries related offences and fined a total of £415 at Coleraine Magistrates Court, sitting in Ballymena Magistrates Court today.
Gerry Mullan (70), of Glen Road, Garvagh, Coleraine, was found guilty of two breaches of legislation as prescribed under the Fisheries Act (Northern Ireland) 1966, as amended.
The breaches were failure to place gratings, and failure to observe weekend closure.
On 9 March 2022, DAERA Fisheries Protection Officers were on routine inspections to ensure compliance as prescribed under legislation of water abstraction sites used to power Hydro Electric turbines.
During an inspection of one of these sites on the Agivey river, which is managed by Mr Mullan on behalf of his son, the officers noticed that appropriate screening was not in place to prevent fish from entering the workings of the turbine, which can cause injury or death to fish.
The turbine was non-operational although water was still being abstracted, with any water being discharged over an overflow back into the main river channel. A fine lattice screen at the point of abstraction must be in place during the months of March, April, and May when salmon smolts are migrating through the river systems.
A follow up visit on 14 March 2023 to the site again found it to be non-compliant with regard to the required screening, and also that water was being abstracted over the 24-hour weekend closure.
Mr Mullan was made aware of these findings and was instructed that the site must be compliant before being operational again or further enforcement may follow.
The total fine of £415 included:
• £200 Failure to place gratings.
• £200 Failure to observe weekend closure along with an offender levy of £15.
DAERA Inland Fisheries enforcement is committed to pursue those who fish illegally. If you are aware or suspect illegal fishing, you should contact DAERA Inland Fisheries on 0300 200 7860 or outside office hours contact 0800 807 060.
