A Donegal landowner has been ordered to permit workers from the Nationwide Parks and Wildlife Service onto his lands in a bid to revive injury to the habitat of Freshwater Pearl Mussel.
Richard Homer (pictured above) appeared at Donegal Circuit Courtroom after launching a District Courtroom Enchantment arising from a case heard final yr.
Homer was discovered responsible of damaging the habitat of Freshwater Pearl Mussel and fined a complete of €16,500 in Donegal District Courtroom on thirteenth June 2022, which included prices within the case.
He had pleaded not responsible to all three separate fees in opposition to him, he was discovered responsible of breaching Part 23 of the Wildlife Act 1976 in that he wilfully disturbed the breeding and resting place of a protected wild animal, Part 69 of the identical Act in that he used a mechanically propelled car within the commissioning of an offence, and Regulation 35 of the Birds and Pure Habitats Rules 2011 in that he precipitated important injury to a European web site.
Homer, of Orchard Drive, Donegal City had cleared vegetation, disturbed the financial institution of the River Eske in Milltown, Donegal and dug a lot of drains to the river utilizing a digger on his lands.
This work resulted in important sedimentation to the river which led to the deaths of lots of of Freshwater Pearl Mussels and important stress on those who survived.
Freshwater Pearl Mussel are a critically and more and more endangered species and are protected beneath each the Wildlife Act 1976 and the European Communities (Birds and Pure Habitats) Rules 2011, which has designated the River Eske as a Particular Space of Conservation (SAC) for the species.
Barrister for the Minister for Tradition, Heritage and the Gaeltacht, Ms Emile Daly, BL, stated that in addition to components of Norway and Russia, the River Eske in Donegal is among the most necessary rivers in Europe for the species.
Ms Daly outlined the occasions which led to the prosecution of Homer final yr.
She stated the general impact of the work meant that the mussel within the habitat had been “suffocated.”
She advised how Homer had allowed a digger to be use don his lands to reprofile banks adjoining to Lough Eske on Good Friday in the course of the first Covid Lockdown in 2020.
Photographs of the injury precipitated to the banking had been handed into court docket.
Ms Daly outlined how the lifespan of the Freshwater Pearl Mussel is between 10 and 250 years and so the injury of roughly 95 metres of banking had decimated this habitat.
Decide John Aylmer requested if the injury precipitated was irretrievable however Ms Daly stated no.
Nonetheless, as a result of workers from the Nationwide Parks and Wildlife Service weren’t allowed to enter onto the lands whereas an enchantment was ongoing, the demise of the mussels was nonetheless ongoing.
The NPWS was represented in court docket by Regional Supervisor, Mr Tim Roderick.
Ms Daly advised the court docket that she had come to an settlement with Homer’s barrister, Mr Desmond Murphy SC, which might enable workers again onto the land in an effort to assist save and restore the habitat.
The court docket retained the three fines within the case totalling €9,000 however diminished the prices of €2,500 on the primary cost to €2,000 and vacated the prices in fees two and three that means Homer should pay a complete of €11,000.
An order to permit NPWS workers onto the lands inside three months from at this time was additionally agreed.
Decide Aylmer stated this was an excellent end result given the seriousness of the case.
He additionally allowed the prosecution liberty to re-enter if there have been any points regarding workers from the NPWS coming into onto Homer’s lands.
On the time of the unique prosecution, Minister Malcolm Noonan stated: “I actually welcome this conviction. Although they had been as soon as widespread in Eire, Freshwater Pearl Mussels at the moment are a critically endangered species and extremely delicate to environmental circumstances.
“I’d wish to acknowledge the sterling efforts and dedication of the NPWS workers concerned in bringing this prosecution, and certainly the efforts of workers throughout the nation who efficiently closed 21 prosecutions in 2021 and 20 extra up to now in 2022, and are presently progressing an extra 48. I’d wish to remind everybody that the NPWS has extra rangers than ever, and that it has by no means been extra targeted – or more practical – on wildlife crime.”
Man who broken uncommon Freshwater Pearl Mussel habitat fined €11,000 was final modified: December sixth, 2023 by
Tags:
