Kilcatherine, Eyeries, County Cork http://www.friendsoftheirishenvironment.org

John Gormley, T.D., Minister for Environment Department of Environment, Customs House, 1 2 September, 2009 by email: [email protected]

Re: Peat extraction in : request for an application under S.I. NO. 378 OF 2005 to prohibit the continuance of an operation or activity

Dear Minister;

You will be aware that we wrote to you on 28 July, 2009 requesting you to exercise your powers under S.I. NO. 94 of 1997 (as amended) to prohibit the continuance of industrial scale peat extraction activities which are having a significant adverse effect on a designated European Site [Lough Derravaragh SPA, Site Code SPA 0004043 / NHA Site Code 000684].

We are in receipt of your letter of 19 August 2009 in which you state that

‘Regional management has reported that there is no evidence of significant or measurable impacts in either designated site, nor any evidence of impacts on any qualifying conservation interests in these sites. There is therefore no evidence available to the Minister to support a court application such as you have requested.’

We attach a Report by the District Conservation Ranger of 27 February 2009 [Annex I] which states that the relevant peat extraction ‘is likely to have an adverse effect on the integrity of the SPA alone and in combination with other activities’. To quote:

‘I believe that through their operations [name removed] are contributing to siltation of Lough Derravaragh SPA and NHA. This is mainly from inadequate silt traps/ lack of silt traps and from peat

Tel & Fax: 353 (0)27 74771 [email protected] Friends of the Irish Environment is a company limited by guarantee registered in Ireland. Registered Office: Allihies Co Cork Company No. 326985. Directors: Caroline Lewis, Tony Lowes.

particles being blown into the river from the above mentioned mounds of dry peat. This material is then probably carried in suspension in the to Lough Derravaragh.

While the activities carried out by this company are not being carried out within the European Site or NHA, I believe that they are likely to have an adverse effect on the integrity of the SPA alone and in combination with other activities.’

We also attach the Shannon Regional Fisheries Board Preliminary Report for this location dated November 2008 [Annex II] which confirms the ongoing pollution, the lack of regulation, and the inadequate mitigation measures and concludes that ‘The extraction of peat moss from for use in horticulture and gardening is a major threat to the future conservation of lands in the North Westmeath area.’

This Report also records that previous studies have shown that the over exploitation of peatland resources in the affected area can cause environmental effects on the River Inny system [of which Lough Derravaragh is a part] and include nutrient enrichment. The Site Synopsis for Lough Derravaragh states that nutrient enrichment is a threat to the bird populations, especially the diving ducks, species which are protected at this location.

An EPA site visit to the location of 10 July 2009 resulted in a determination that the activities taking place required licensing and we attach that report [Annex III], notwithstanding its inadequacy and inexplicable limitation to one operator at this site.

Finally we attach again the Royal Academy paper confirming that ‘The deposition of peat silt is particularly acute in parts of the , e.g. in the River Suck, the Little Brosna and the Inny’. [Annex VII]

This report records that ‘in Lough Derg, peat deposits can range from 1 to 3 metres in depth’. You will note that the Conservation Ranger reported that the Fisheries Board had measured peat siltation to a depth of 6 feet at the top of Lough Derravaragh. Siltation at these levels is not compatible with the protection of the qualifying interests of this protected site, which include protected wildfowl of international importance.

All of these Reports were available to your Regional Management, who had commissioned and received the Report of the District Conservation Ranger of 27 February 2009 [above, and Annex I]. None the less, Regional Management wrote as follows on 14 July, 2009:

‘In short ;-The site where the peat extraction is ongoing is not in a NHA SAC SPA or pNHA, there is no evidence of significant (or any measurable ) impacts in any nearby designated site there is no evidence of impacts on any qualifying interests for same . If evidence of negative impacts exists is not in the relevant NPWS files here.’ [Full text in Annex IV.]

It is presumably this view – which misrepresents the contents of the NPWS files – that formed the basis of your letter to us of 19 August, 2009.

We would remind you of the government’s obligations under Articles 6(2) and (3) of the Habitats Directive:

6(2) Member States shall take appropriate steps to avoid, in the special areas of conservation [and special protection areas for birds], the deterioration of natural habitats and the habitats of species as well as disturbance of the species for which the areas have been designated, in so far as such disturbance could be significant in relation to the objectives of this Directive.

6(3) Any plan or project not directly connected with or necessary to the management of the site but likely to have a significant effect thereon, either individually or in combination with other plans or projects, shall be subject to appropriate assessment of its implications for the site in view of the site's conservation objectives. In the light of the conclusions of the assessment of the implications for the site and subject to the provisions of paragraph 4, the competent national authorities shall agree to the plan or project only after having ascertained that it will not adversely affect the integrity of the site concerned and, if appropriate, after having obtained the opinion of the general public.”

In terms of Ireland’s implementing legislation, we would highlight your obligations and powers under the European Communities (Natural Habitats) Regulations 1997 (SI No 94 of 1997) as amended, in particular for present purposes, by SI No 378 of 2005. In particular, we would draw to your attention the contents of regulations 13(3), 17(1) and 34:

13(3) The Minister shall take the appropriate steps to avoid, in the special areas of conservation designated under Regulation 9, the deterioration of natural habitats and the habitats of species as well as disturbance of the species for which the areas have been designated insofar as such disturbance could be significant in relation to the objectives of the Habitats Directive.

17(1) Where the Minister forms an opinion that an operation or activity is being carried out or may be carried out on a European Site which is neither directly connected with nor necessary to the management of the site but likely to have a significant effect thereon either individually or in combination with other operations or activities the Minister may, in view of the site's conservation objectives, make an application under this Regulation to a Court of competent jurisdiction to prohibit the commencement or continuance of the operation or activity.

34. The provisions of Regulations 4, 5, 7, 13, 14, 15, 16, 17 and 18 shall, where appropriate, apply with any necessary modifications to areas classified pursuant to paragraph 1 and 2 of Article 4 of the Birds Directive.

In light of the above information, we believe that you are legally obliged to take action in the present case, pursuant to the above legislative provisions.

We note that your Authority was used to mislead local authorities when on your behalf on 16 February 2008 the Director of the Parks and Wildlife Service wrote to all County Managers that on the basis of the ‘scientific advice’ available to you, where the hen harrier is the only interest feature present in a protected nature conservation area, that species’ presence should not be cited as a ground for refusal for development consent in respect of one-off housing, notwithstanding a known problem with cumulative effects.

Our investigations have shown that no such scientific advice existed and this has been confirmed to us by the Assistant Director of the Parks and Wildlife Service on 3 March 2009. [Annex IV]

We have also confirmed that last year Ireland approved the planting of 666 hectares of non-native conifers managed through clearfell within areas proposed for designation for the Hen harrier on the basis of a Protocol drafted by your National Parks and Wildlife Service [Annex VI]. This Protocol was based on research which was not peer reviewed and which runs contrary to the unanimous scientific agreement that this form of forestry will cause the permanent loss of the protected species’ habitat.

It would appear to us that systemic problems within your National Parks and Wildlife Service are leading to persistent infringements of European Directives which are prejudicial to your interests and are bringing your office into disrepute.

Having now provided you with the evidence actually available to support a court application such as we have requested, we would be grateful if you re-examined the position outlined in your letter to us of 19 August 2009.

Respectfully yours,

Tony Lowes

ANNEX SCHEDULE

I: Report commissioned by NPWS Regional Management and prepared by the North Westmeath Conservation Ranger, National Parks and Wildlife Service, 27 February 2009 on peat extraction on bogs near Lough Derravaragh confirming impact on designated site.

II: Preliminary Report on Peat Siltation in the River Inny, Shannon Regional Fisheries Board, November 2008, identifying the extraction of peat moss from bogs for use in horticulture and gardening as ‘a major threat to the future conservation of bog lands in the North Westmeath area.’

III: EPA Site Inspection Report, 10 July 2009. This states that ‘The Agency considers that the activities being carried out by Harty Peat Limited at this location falls within the scope of Class 1.4 of the First Schedule of the EPA Acts 1992 – 2003.

IV: Email From: Padraig O'Donnell To: Niall Redmond, CC: Ciaran Foley, Andrea Webb,J ohn Fitzgerald, Judit Kelemen, Pat Warner, Willia...14/07/2009 15:10. Subject: FIE request re L Derravaragh. This email denies that evidence of negative impacts on Lough Derrarvaragh exists in the NPWS files in spite of the Report stating otherwise commissioned by Regional Management and received by them. [Annex I]

V: AIE response from NPWS on Hen harrier showing that County Managers were instructed not to object to one off housing developments in designated areas on ‘scientific advice’ available to the Minister when no such advice existed.

VI: Forest Service email confirming authorisation of 666 hectares of afforestation in sites designated for the protection of the Hen harrier.

VII: Freshwater Fish Conservation In The Irish Republic: A Review Of Pressures And Legislation Impacting On Conservation Efforts, BIOLOGY AND ENVIRONMENT: PROCEEDINGS OF THE ROYAL IRISH ACADEMY, VOL. 104B, NO. 3, 17_/32 (2004). © ROYAL IRISH ACADEMY

ANNEX I

Report by the District Conservation Ranger of 27 February 2009 on peat extraction on bogs near Lough Derravaragh confirming the adverse impact of peat extraction on Lough Derravaragh NHA.

Note that this Report is stated to have been requested the Regional Manager. See Annex IV in which Management states that ‘If evidence of negative impacts exists is not in the relevant NPWS files here .’

Preliminary Report on Peat Siltation in

>>> Tríona Finnen 02/27/09 4:22 PM >>>

To: Ciarán Foley, DCO, NPWS

Date: 27th of February 2009

Subject: Peat extraction works along Inny River

From: Tríona Finnen, North Westmeath Conservation Ranger, NPWS

Attachments: Photographs Location Map

This is my report as requested by Padraig O`Donnell in relation to an email received about peat extraction on bogs near Lough Derravaragh.

I visited the site and I can confirm that the peat extraction in question is not taking place within the NHA or SPA (site code: 004043).

I understand that the site is run by [name removed], based at [address removed]. I also inspected another site at Clonsura/ Derrycrave where peat extraction is also taking place by the same company, I understand.

I would like to report as follows:

At Shrubbywood/ Ballinealoe (reported site) I noted the following:

· Peat extraction is taking place on an area of over 50 hectares. · Two mounds of dry peat are stored within 30 metres of the River Inny. When the excavator was loading the dried peat from one of these mounds into an adjacent truck, I noted that clouds of peat particles become wind borne. See photo 1. · I also observed a worker refilling the excavator with fuel from a mobile fuel tank. · I checked two silt traps and noted that they both appeared to be almost full. One had a sheet of iron only partially blocking direct flow to the drain which flows into the Inny River, about 30 metres away. See photo 2. · The vegetation had been removed along half of the riverside, with some infilling of the remaining riparian zone with stripped vegetation material. · I noted no hydrocarbon spills.

At Clonsura/ Derrycrave I noted:

· Peat extraction is taking place over a large area of at least 100 hectares. · There appears to be no silt traps along drains and streams leading to the River Inny. · Heavy siltation with peat-like material was noted along a section of the River Inny at N40569 77016 just downstream from one of the unprotected drains from the bog. See photo 3. · Large mounds of dry peat are stored adjacent to a stream which runs into the River Inny. See Photo 4.

Both sites are upstream of Lough Derravaragh Natural Heritage Area (NHA site code: 000684) and Special Protection Area for birds (SPA site code: 004043). I made contact with the Fisheries Board and I understand that they carried out an audit of the peat extraction sites along the River Inny last autumn. At that point they were apparently satisfied that silt traps at the [name removed] works at Shrubbywood/ Ballinealoe were functioning correctly and they have advised this company to either move the mounds of dried peat away from the river or to cover when not in use, to use silt traps and to plant a buffer zone between the river and their activities to protect the river further. It was further mentioned that they had measured the peat dept in Lough Derravaragh close to the Inny inlet and about 6 feet of peat sedimentation was found.

I believe that through their operations [name removed] are contributing to siltation of Lough Derravaragh SPA and NHA. This is mainly from inadequate silt traps/ lack of silt traps and from peat particles being blown into the river from the above mentioned mounds of dry peat. This material is then probably carried in suspension in the River Inny to Lough Derravaragh.

While the activities carried out by this company are not being carried out within the European Site or NHA, I believe that they are likely to have an adverse effect on the integrity of the SPA alone and in combination with other activities.

[Text removed in accordance with Regulation 8(a)(iv) incorporating Section 20(1)(a) of the Freedom of Information Act, 1997]

ANNEX II

Preliminary Report on Peat Siltation in the River Inny, Shannon Regional Fisheries Board, November 2008

‘The extraction of peat moss from bogs for use in horticulture and gardening is a major threat to the future conservation of bog lands in the North Westmeath area.’

ANNEX III

EPA Site Visit Report, 19 July, 2009

ANNEX IV

Email From: Padraig O'Donnell To: Niall Redmond, CC: Ciaran Foley, Andrea Webb,J ohn Fitzgerald, Judit Kelemen, Pat Warner, Willia...14/07/2009 15:10.

If evidence of negative impacts exists is not in the relevant NPWS files here .

From: Padraig O'Donnell To: Niall Redmond CC: Ciaran Foley,Andrea Webb,John Fitzgerald,Judit Kelemen,Pat Warner,Willia... Date: 14/07/2009 15:10 Subject: FIE request re L Derravaragh

Niall, We will forward on ,as requested , the information we (CR, DCO and DRM) have on file on this issue . Is it possible to have it noted to FIE that NPWS have done all in its remit and more to deal with this recurring issue. The time required to repeatedly deal with this issue is hindering more important work. The other statutory bodies with relevant responsibilities have also been informed by us .

In short ;-The site where the peat extraction is ongoing is not in a NHA SAC SPA or pNHA, there is no evidence of significant (or any measurable ) impacts in any nearby designated site there is no evidence of impacts on any qualifying interests for same . If evidence of negative impacts exists is not in the relevant NPWS files here .

Information on this issue has been sent to HQ on a number of occasions already this year .

There is little more or new that we can offer on this matter - from a local work perspective the matter is closed until such time as I am presented with facts/evidence that the peat extraction(ongoing since early 1990s) is impacting on any designated or proposed to be designated area . regards

Padraig

ANNEX V

AIE response NPWS on Hen harrier ‘scientific advice’

Page 4 contains copy of letter to County Managers claiming instructions from Minister are based on scientific advice.

Page 1 contains subsequent letter confirming that no scientific evidence exists.

ANNEX VI

Afforestation approvals in Special Protection Areas designation for the protection of the Hen harrier. The Protocol under which these approvals were given and quota established was based on ‘scientific advice’ that was not peer reviewed and is contrary to the unanimous scientific agreement that this form of forestry will cause the permanent loss of the protected species’ priority habitat.

Afforestation approvals in Special Protection Areas designation for the protection of the Hen harrier in 2008

% TOTAL SPA NAME QUOTA APPROVED * APPROVED AUGHTIES 2490 184.55 7.41 BEAGHS 390 NA BLOOMS* NA BOGGERAGHS 1010 6.33 0.63 FELIMS 760 123.25 16.22 MULLAGHREIRKS 4410 351.86 7.98 665.98

From: OConnor, Noel To: caroline; Subject: RE: File: hen_harrier_spa_approvals_08.xls Date: 19 March 2009 14:38:43 Attachments: summary_form1_hh_non_designated_08_to_09.xls Caroline, Info on forest approvals for 3 non-designated areas attached. Details for 6 designated areas already provided to you. Regards, Noel

-----Original Message----- From: caroline [mailto:[email protected]] Sent: 09 March 2009 19:10 To: OConnor, Noel Subject: RE: File: hen_harrier_spa_approvals_08.xls

Dear Noel, I have been reviewing the information sent and noticed that it only constitutes part of the request. In any event my request may not have been clear enough so I have rephrased it as follows: If I could please be sent the area of afforestation approved during 2008-2009 for each of the nine original candidate SPAs (ocSPAs)in their entirety including the Knockmealdowns. Thank you very much. Caroline

ANNEX VII

Freshwater Fish Conservation In The Irish Republic: A Review Of Pressures And Legislation Impacting On Conservation Efforts

Mike Fitzsimons and Fran Igoe BIOLOGY AND ENVIRONMENT: PROCEEDINGS OF THE ROYAL IRISH ACADEMY, VOL. 104B, NO. 3, 17_/32 (2004). © ROYAL IRISH ACADEMY

Aside from the evidence provided here of the impact of peat extraction on the River Inny, this paper also highlights the legislative immunity Bord na Mona enjoys from national water pollution legislation. This has been the subject of separate representations to the relevant Ministers, including yourself, as it infringes, inter allia, the Water Framework Directive.

FRESHWATER FISH CONSERVATION IN THE IRISH REPUBLIC: A REVIEW OF PRESSURES AND LEGISLATION IMPACTING ON CONSERVATION EFFORTS

Mike Fitzsimons and Fran Igoe

ABSTRACT

Ireland’s freshwater fish fauna, which is less diverse than that of the UK or mainland Europe, was historically dominated by salmonids. Subsequent changes to the species community in many waters has occurred due to a combination of human influences, including non-indigenous fish introductions, water pollution and habitat alterations. However, intact postglacial fish communities still remain in many parts of the country, and maintaining the biodiversity of these communities is of particular importance. It is argued that the genetic diversity within species such as brown trout needs to be recognised by state agencies and fishery managers and that separate species recognition is appropriate in some instances. The paper discusses the development of freshwater fish conservation in the Irish Republic today and deal specifically with the main state agencies entrusted with their conservation, the Fisheries Boards. The paper reviews the more significant pieces of legislation at the disposal of the Fisheries Boards and other environmental authorities and highlight areas that require further attention. Irish planning legislation and some of the problems currently being encountered by Fisheries Boards in relation to the planning process are also examined.

Mike Fitzsimons, INTRODUCTION TO IRELAND’S Europe, e.g. at Lough Melvin (Ferguson 1986). Shannon Regional FRESHWATER FISH FAUNA Some of these native fish species are very attractive Fisheries Board, to anglers, and lakes such as Lough Mask and Lough Corrib are world-famous as wild brown trout Ashbourne Business Ireland’s freshwater fish community is less diverse Park, Dock Road, angling destinations. Ferguson (this volume) than that of the UK or mainland Europe (Quigley Limerick. Fran Igoe, argues that the management of brown trout and and Flannery 1996). Ireland was effectively Irish Char Conservation pollan should reflect the large genetic diversity separated from mainland Europe during the early Group, 11 Poddle expressed by these species in Ireland. He argues that stages of the retreat of the last Ice Age. This Green, Kimmage, the trout forms found in Lough Melvin, such as Dublin 12. prevented colonisation by truly freshwater ferox, gillaroo and sonaghen, should in fact be (stenohaline) species from the east. Consequently, recognised as separate species on the basis of their all of Ireland’s freshwater fish species are euryhaline genetic, behavioural and ecological differences. (having some degree of tolerance to salt water) Therefore the biodiversity and heritage interest of (Quigley and Flannery 1996). Archaeological these fishes is also high (N. McKeown, pers. (Wijngaarden-Bakker 1985; McCormick 1991; comm.). McCormick 1999; Hamilton-Dyer, pers. comm.) and documentary accounts (Went 1950; Moriarty and Fitzmaurice 2000) indicate that humans were responsible for the introduction of cyprinids, pike and perch. The patchy distribution of these PRESSURES ON IRELAND’S FRESHWATER stenohaline species supports the thesis that they FISH FAUNA are not indigenous to Ireland and therefore humans were (and are) responsible for their introduction The physical and natural environment in Ireland and subsequent spread throughout the country. has undergone considerable change in the last few Table 1 presents a list of freshwater fish species decades. The most significant and important changes found in Irish inland waters and indicates which are arise from intensification of agriculture, increased ‘native’ and which are ‘non-indigenous’ to Ireland. urban growth and infrastructural development Although Ireland has a low fish species (Stapleton et al. 2000). These changes have had a diversity, the country retains some of the finest significant negative impact on freshwater fish, examples of postglacial fish faunas in Western necessitating more intensive efforts to conserve fish

BIOLOGY AND ENVIRONMENT: PROCEEDINGS OF THE ROYAL IRISH ACADEMY, VOL. 104B, NO. 3, 17/32 (2004). # ROYAL IRISH ACADEMY 17 BIOLOGY AND ENVIRONMENT and their habitats. The major pressures affecting fish b. poor farmyard management; life in Ireland today are discussed below. c. careless slurry spreading practices (Bowman 1985; Kirk McClure Morton 2001). The Department of Agriculture and farming WATER POLLUTION organisations have drawn up guidelines for best farming practice that advocate nutrient The more common water pollution events in management planning; however, in many areas Ireland can be separated into three forms (Table 2). these guidelines are either ineffective or ignored. Organic pollution and eutrophication are the For example, farm surveys carried out by the most widespread pollutant threat to freshwater Shannon Regional Fisheries Board on the River fish in Ireland. Agriculture has been identified as Maigue catchment found that 70% to 80% of farms the main source of organic pollution. Municipal examined were discharging into a watercourse and industrial sources also contribute to a lesser (Griffin 2000). Most of the problems encountered extent (Lucey et al. 1999; McGarrigle et al. were due to poor storage, insufficient storage, poor 2002). yard management and incorrect location of feeding Nutrient loss from agricultural land in Ireland areas (Griffin 2000). Where the political will is occurs because of: present and adequate resources are provided by the a. poor management of farm nutrients as a state, it is possible to remove the causes of consequence of insufficient manure storage; eutrophication in Irish waters (e.g. Dodd and

Table 1*/List of native and non-indigenous fish species in Ireland. Common name Scientific name Origin

Brook lamprey Lampetra fluviatilis (L.) Native River lamprey Lampetra planeri (Bloch) Native Sea lamprey Petromyzon marinus L. Native Arctic char Salvelinus alpinus (L.) sp. complex Native Atlantic salmon Salmo salar L. Native Brown trout*** Salmo trutta L. Native Pollan Coregonus autumnalis pollan (Thompson) Native Twaite shad Alosa fallax (Lace´pe`de) Native Allis shad Alosa alosa (L.) Native European smelt** Osmerus eperlanus (L.) Native Three-spine stickleback Gasterosteus aculeatus L. Native Nine-spine stickleback Pungitius pungitius (L.) Native Flounder$ Platichthys flesus (L.) Native European eel Anguilla anguilla (L.) Native Pike Esox lucius L. Non-indigenous Perch Perca fluviatilis L. Non-indigenous Carp Cyprinus carpio (L.) Non-indigenous Tench Tinca tinca (L.) Non-indigenous Stoneloach Noemacheilus barbatulus (L.) Non-indigenous Rudd Scardinius erythrophthmus (L.) Non-indigenous European minnow Phoxinus phoxinus (L.) Non-indigenous Sturgeon Acipenser sturio L. Non-indigenous Bream Abramis brama (L.) Non-indigenous Gudgeon Gobio gobio (L.) Non-indigenous Roach Rutilus rutilus (L.) Non-indigenous Dace Leuciscus leuciscus (L.) Non-indigenous Chubb Leuciscus cephalus (L.) Non-indigenous Rainbow trout* Oncorhynchus mykiss (Walbaum) Non-indigenous

**Status requires further investigation. ***See Ferguson, this volume. $In Ireland, flounder are more estuarine in habit, but they do occur at times in lower freshwater river stretches.

18 FRESHWATER FISH CONSERVATION IN THE IRISH REPUBLIC

Champ 1983; Champ 1993). In the case of necessity for good economic, social, and sustainable the River Maigue project carried out by the development. Shannon Regional Fisheries Board, progress was made in reducing the amount of direct discharges due to good liaison and the cooperation of the DRAINAGE farming organisations and the farmers themselves. Such projects, which are labour intensive and River drainage schemes for flood relief and costly, need to be sustained on a long term basis agricultural improvement in the past have had a if the overall objective of good water quality is to dramatic effect on the Irish landscape. During the be achieved for intensively farmed catchments. drainage process, river banks are cleared of riparian Water pollution is the greatest and most vegetation, in-stream woody debris is removed, the widespread pressure affecting freshwater fish in channel base is widened and river beds are deepened to improve flood flow conveyance. Ireland today. It is the most widespread, but This usually results in altered hydraulic regimes, possibly the easiest pressure to address. The EPA loss of stream gradient and riffle/glide/pool report ‘Ireland’s Environment 2004’ (Toner sequence, loss of spawning substrate and general et al. 2004) shows that 29.5% of rivers and 15% loss of fish habitat (O’Grady and Gargan 1993). of lakes surveyed are affected in some way by Post-drainage peak flood flows can increase by up water pollution. The trend has been rising, with to 60% compared to pre-drainage peak flood flows only a recent dip in the extent of pollution. There (Howard 1992), increasing erosion problems and must be a more robust approach if Ireland is to causing a further deterioration of river habitat. Post- tackle this issue and restore good ecological drainage fish habitat recovery has been recorded in tatus. This requires a serious commitment from a number of Irish catchments (O’Grady et al. 1991). the State to deliver water quality in Ireland. Most rivers do not recover, and the overall impact Everyone, vested interests included, must has been negative for fish life (O’Grady and Gargan recognise that good water quality is a fundamental 1993). The destructive damage caused by drainage

Table 2*/The three main forms of water pollution affecting freshwater fish life is Ireland. Pollution Source Notes type

Chemical Acid mine drainage The addition or discharge of chemicals Water treatment chemicals containing polluting or deleterious substances to Heavy metals waters. In most instances chemical discharges are Acid deposition from forestry directly toxic to aquatic species. Fish, being at the Hydrocarbon oils top of the food chain, are particularly vulnerable. Discharge of chemical pesticides Endocrine disrupters are also increasingly a cause for concern in larger catchments.

Physical Deposition of silt from peat mining, sand Suspended solids arising from a variety of sources and gravel washing can seriously alter the habitat by reducing light Major infrastructure projects penetration, thus affecting primary production. Dumping of waste In addition they can impact on aquatic inverte- Drainage and land clearance brates, their food. Solids can also seriously impact on spawning substrates, reducing recruitment potential.

Organic Agriculture (point source and diffuse) This is the most common form of pollution in Single domestic dwellings (septic tanks, etc.) Ireland and it is the primary cause of most Untreated urban waste or poorly functioning fishkills in Ireland (McGarrigle et al. 2002). local authority treatment plants Eutrophication is a product of organic pollution Inadequate or poorly treated industrial resulting in deoxygenation of water, algal blooms effluent (Bowman et al. 1998) and a reduction in water transparency (Inland Fisheries Trust 1974; Toner 1977; Champ 1979; Champ 1998).

19 BIOLOGY AND ENVIRONMENT has been recognised, particularly by the Office of an 82% loss of blanket bogs in Republic of Public Works. As a result, more liaison with the Ireland, and only 19% of the peatland resource Fisheries Boards is taking place, and schemes such as remains in a relatively intact condition (Irish the River Mulkear flood relief scheme (which Peatland Conservation Council 1996). This over- started in 1999) demonstrate that fish-friendly and exploitation of a natural resource has had dramatic sustainable drainage schemes can successfully be put effects on watercourses in many parts of Ireland: in place. these include deposition of fine peat silt on river beds (impacting on salmonid spawning beds and their food chain in rivers), increased FORESTRY turbidity in lakes and rivers (resulting in a reduction It is Irish government policy to increase the land in light penetration and primary productivity), area under forestry in the state (Forest Service coating of aquatic plant surfaces with fine particles 1996). This policy targets agriculturally poor land, (inhibiting photosynthesis) and nutrient enrichment and most commercial forestry is associated with (Bowman et al. 1993). upland or peatland areas, deemed unsuitable for The state company Bord Na Mo´na was, until other forms of agriculture. Most of these plantations recently, the sole commercial operator with large mainly comprise monocultures of conifer species. operations on raised bogs in the Irish midlands and Negative impacts of forestry plantations on fisheries is exempt from prosecution and licensing under can include altered hydrology (Robinson 1980; Sections 3 and 4 of the Local Government (Water

Leeks and Roberts 1987), increased sediment yield, Pollution) Acts 1997/1990. Increasingly, private especially in the first five years after planting or operators are also harvesting peat. The initial phase during harvesting (Robinson and Blyth 1982; Leeks of the peat extraction process involves drainage of and Roberts 1987), shading effects on food webs the bog. This process, and subsequent extraction, and fish populations (Smith 1980; Harriman and results in the discharge of large quantities of peat silt Morrison 1982; Stoner and Gee 1985; Omerod to the aquatic environment. The deposition of peat et al. 1987; 1991; Igoe 1999) and changes in water silt is particularly acute in parts of the River chemistry, such as decreased pH and nutrient Shannon, e.g. in the River Suck, the Little supply, with phosphorus losses to waters ranging Brosna and the Inny. In Lough Derg peat deposits from 15% at year 3, to a predicted 30% at year 9 can range from one to three metres in depth (Gibson 1976; Harriman 1978; Malcolm et al. (M. Nolan, Fisheries Inspector, ShRFB, pers. 1983a; 1983b). Some studies have documented comm.). Silt traps, which in the past were poorly negative impacts of fisheries acidification that are maintained and gave rise to problems, and attributable to forestry plantations in base poor settlement lagoons can be successful in geology areas in Ireland (Allott et al. 1990; Farrell significantly reducing the amounts of peat silt that et al. 1991; Allott and Brennan 1992; Kelly-Quinn are discharged, but only if they are adequately sized et al. 1997). Harvesting of forestry timber is also so as to allow sufficient time for settlement to occur associated with increased surface water runoff, and are regularly maintained. These settlement particularly in hilly areas, and sedimentation in lagoon treatment systems now require licensing nearby streams. under either the Local Government Water The adoption by the Forest Service of the Native Pollution Acts 1977 and 1990 or the Environmental Woodland Scheme in 2002, under which native Protection Agency Act 1992. The large operations broadleaf trees are planted in an environmentally carried out by Bord na Mo´na also now require sustainable manner, is a welcome development in Integrated Pollution Control licenses, and forestry policy in Ireland. However, the absolute maintenance of silt traps has improved. Regulation requirement for replanting after harvesting (Forestry would also be assisted if Section 27 of the Turf Act 1946) needs to be reviewed so that replanting is Development Act 1945 was repealed, thereby only allowed where yields are attainable without allowing prosecutions by other agencies especially repeated application of nutrients. under Section 3 of the Local Government (Water Pollution) Acts 1977 and 1990. PEAT ABSTRACTION In addition, many smaller private companies are still operating peat-mining activities in an Peatlands originally covered more than 17% of almost unregulated fashion and are difficult to the land surface in the police under current legislative instruments. (Hammond 1979). However, intensification of Difficulties in regulation especially arise if fuel turf and horticultural peat extraction from the ownership of the bog is vested in numerous small 1940s, afforestation programmes from the 1950s, owners, or if abstraction is illegal. In a recent case intensification of agriculture and land reclamation the Shannon Regional Fisheries Board initiated have seriously depleted Ireland’s peatland areas. court proceedings against a private developer There has been a 92% loss of raised bogs and who was causing pollution of a watercourse (SRFB

20 FRESHWATER FISH CONSERVATION IN THE IRISH REPUBLIC vs Westland Peat at District Court, sustaining fish populations. Severe examples of 2003). The proceedings were under section 171 of these effects are evident in rivers discharging to the Fisheries Acts 1959 to 1990. During the course the west of Lough Mask and Lough Corrib, where of the investigation, it transpired that this private unnatural channel realignment and excessive bed developer was operating on sections of bog that load movement and siltation effects are apparent. were owned by several people. Ultimately a Repair and restoration of this type of degraded prosecution was successful, but the underlying habitat is extremely expensive (O’Grady et al. lack of control still exists with regard to 2002a). Since 1998 the Department of Agriculture these smaller operations. This type of mining has developed Commonage Framework Plans, industry does require planning permission from under which farmers in affected counties are local government (Planning and Development compensated and stocking rates are reduced. In Amendment Regulations, 2001). addition, under the 2004 Common Agriculture Large-scale peat abstraction (particularly Policy (CAP) reforms, decoupling of farm subsidy blanket peat in upland areas) has wider payments from production should also favour a hydrological consequences, which often have not further reduction in stock numbers. been fully appreciated by those with an interest in fisheries conservation. Peat bog in upland areas effectively acts as a sponge, soaking up water during MUNICIPAL AND URBAN DEVELOPMENT wet periods and gradually releasing this water Increased urbanisation and the expansion of towns, during dry spells. Bogs in upland areas reduce including ribbon development, place considerable rapid runoff during extreme rainfall events and help pressure on the aquatic environment if development to maintain stream discharge in dry weather. Peat is carried out in an environmentally unsustainable abstraction, drainage of bog for forestry or wind and insensitive manner. Urban development has a farm developments, and damage through physical impact on rivers and streams, resulting overgrazing often result in an increase in the in bank vegetation loss, reduced invertebrate intensity of surface runoff during wet weather, diversity, culverting problems, flash flooding leading to excessive erosion of river banks and arising from increased hardstand areas and general sedimentation. In dry weather the sponge effect damage to the aquatic habitat. Reduced access to of the bog is eliminated or diminished and seepage waters for anglers is also a serious problem as it to maintain water flows is reduced. Streams may damages fishing property rights and generally even dry out. On peatlands where afforestation is a deprives people of access to an amenity. It is major component, drainage as part of site essential that all watercourses are protected by preparation has been found to significantly reduce the introduction of ‘water corridors’ or ‘riparian water retention, resulting in faster runoff times zones’. In addition, increasing chemical and (Robinson 1980). In addition, evapotranspiration organic pollution loads (including orthophosphate will be a further factor in reducing stream flows. discharges from municipal treatment plants) have The rate of evapotranspiration will increase as the resulted in increasing eutrophication effects forest canopy closes and the trees mature. These (Champ 1993; Kirk McClure Morton 2001). The rivers are often important spawning and nursery requirement for water abstraction for public use is habitats for salmonids, and therefore the impact on also increasing. In Ireland, it is recommended that local fish populations can be severe. as a minimum requirement 75% of the dry weather flow be maintained at all times, particularly in rivers OVERGRAZING containing fish (J. O’Keefe, pers. comm.). In practical terms, where more than one abstraction High stocking densities of sheep in upland areas operation takes place on a water body, it may be has led to overgrazing problems in some parts of difficult to apply this recommendation. Over- Ireland (McGinnity 2002). In the Environmental abstraction is not an uncommon occurrence, Protection Agency Millennium Report, Lehane particularly in dry years, e.g. 100% abstraction has and DeBolloch (2000) state that it is estimated been observed on the River Clodiagh at Clonaslee that as much as 27% of upland areas in south Mayo in County Offaly in 2003 (M. Fitzsimons, pers. and Connemara were extremely degraded (i.e. 40% comm.). In this case approximately two miles exposed bare peat) and note that acutely degraded downstream of the abstraction point, treated blanket bog systems occur in Mayo, west Galway sewage from Clonaslee town is discharged back and Kerry. Loss of bog and associated vegeta- into the river. The overabstraction means that tion affects the hydraulic capacity of an area and dilution is low, resulting in a highly eutrophic increases erosion effects in rivers. Loss of riverbank stretch of water and a severely damaged fishery vegetation leads to bank instability, and braiding of habitat. Urban encroachment on to the riverbank rivers results in loss of water depth. This further also encourages illegal dumping of waste (building reduces the capacity of the river to support self- debris, shopping trolleys and white goods, are only

21 BIOLOGY AND ENVIRONMENT a few of the many types of items dumped illegally) Non-indigenous fish in Ireland into the river. Not only does this culminate in a Cleithra bones of pike from excavations carried degradation of the aquatic habitat for fish and the out at Trim castle (S. Hamilton-Dyer, pers. comm.) water body as a public amenity, but it also reduces are the first archaeological record for an intro- the public’s empathy with fish and the aquatic duced fish in Ireland and date back to the late environment in general. thirteenth/early fourteenth century. The first written records date from the early fifteenth century (Went 1950). Today, almost half of our ROAD INFRASTRUCTURE freshwater fish fauna are non-indigenous fish species. These include eight cyprinid species Road network routes inevitably cross or come into and pike and perch. In many instances introduced contact with rivers. Their impact on the aquatic fishes have out-competed our native fish fauna environment depends not only on the scale of or preyed on it, reducing the dominance of the development but also on their design. It is salmonids or even eliminating salmonids from not uncommon for rivers to be diverted to facili- certain waters (Fitzmaurice 1984). Igoe and tate a new road, often resulting in a featureless Hammar (this volume) show a negative straight trapezoidal canal devoid of natural river association between non-indigenous fish species characteristics. Even worse is the tendency to introductions and Arctic char survival in Ireland. encase a river in concrete culverts, reducing the The increase in the geographic ranges of fish river corridor to a drainage pipe. These actions species such as roach and dace, which have illustrate a lack of understanding of the intrinsic expanded dramatically in recent years, is most value of rivers. In the last few years there has been likely caused by anglers ‘illegally’ moving fish to much more liaison between the road authorities new waters as pike bait. The latest arrival to Ireland, and the Fisheries Boards on ways to minimise the the chubb, was encountered in the River Inny disruption and damage to the fisheries habitat. in 2001 (M. Kelly, Central Fisheries Board, pers. There is scope for further improvement in this comm.). This new discovery underlines the liaison (M. Fitzsimons, pers. comm.). almost impossible task of preventing the illegal Other physical problems include poorly introduction and movement of fish and the designed or constructed culverts or bridge sills, difficulties of enforcing the legislation against which can inhibit upstream migration and fish this activity. The ShRFB has succeeded in movement by presenting a physical barrier, prosecuting mainland European anglers using live particularly during low flows, or by creating non-native species as bait. But a far-reaching increases in water velocities that impede fish on awareness programme with stronger enforcement, their journeys upstream. This is mainly a problem coupled with more stringent regulation, is needed. where new road infrastructure is being constructed. Similarly, excessive lining of the banks with concrete or gabion baskets and lining the river Other non-indigenous organisms bed with reno-mattresses result in a general Introductions of other non-indigenous organisms deterioration in the quality of the aquatic habitat can also prove problematic for indigenous fish. for fish and the amenity value of the river or stream. A high profile example is the zebra mussel Dreissnia In addition, road-use by motor vehicles introduces polymorpha, which is likely to have been introduced pollutants such as hydrocarbon oils, rubber residues, to Ireland on the hulls of pleasure craft between salts and other chemicals. In Ireland there are 1993 and 1994 (Minchin et al. 2002) and has now proposals to develop constructed to spread throughout the Shannon and Erne systems. receive drainage from major road developments, Recent invasions by zebra mussel now include but these will need ongoing assessment to evaluate the Owenogarney River system in County Clare their effectiveness, and aftercare must be built into (D. Minchin, pers. comm.) and in all future road projects. County Cavan (M. O’Grady, pers. comm.). Transmission vectors include hulls of pleasure craft, wet nets (angling keep nets, landing nets, NON-INDIGENOUS ORGANISMS eel fyke nets, etc.), angling boats and boat engine cooling water. Zebra mussel populations create a Introductions of non-indigenous organisms are number of biological problems for fish species: they now widespread around the world, as trade colonise lake shorelines and spawning substrates barriers are removed and transport becomes more that could be used by certain fish species, and their efficient and quicker. Ireland’s location at the edge presence results in changes to nutrient dynamics of western Europe and its island geography has in standing and slowly moving water bodies and helped restrict the spread of many of these changes to littoral substrates, with consequent organisms, which have taken hold in other alterations in the associated macroinvertebrate European countries. community and food availability for fish. The

22 FRESHWATER FISH CONSERVATION IN THE IRISH REPUBLIC swan mussel Anodonta cygnia has been almost become infected with the opportunistic fungi completely eliminated from certain Irish Saprolegnia. waterways due to colonisation of their hard Ulcerations lesions and growths are also shells by juvenile zebra mussel (F. Lucey, pers. regularly reported from pike, perch and bream comm.). Zebra mussel’s ability to colonise any hard stocks in certain Irish waters. The causes have not surface also poses problems for water intakes at fish yet been identified and further research is required. farms, water abstraction points and hydroelectricity In Lough Derg, large mortalities of bream, many generation plants. Their ability to filter substantial with skin lesions, were noted in 1992. McCarthy amounts of phytoplankton from a water body has (1997) carried out an investigation but failed to led to the view in some quarters that the zebra find any cause. However no microbiological mussel offers a solution to ongoing eutrophication work was carried out at that time. Fish diseases problems in certain water bodies. The improved are more common in polluted waters (Møller transparency in Lough Derg was partially attributed 1985), and the role of pollution-induced stress to the recent expansion of zebra mussel in that lake (Bowman 1998). However, the overall impact as an immunosuppressant has received some on phosphorus levels is negligible, and the attention in the literature (Ellis 1981). Stress due eutrophic problem still remains. In the case of to climate changes, water quality and habitat Lough Sheelin, there is anecdotal evidence changes are possibly other contributory factors suggesting that zebra mussels were deliberately and require further study. In this regard the introduced into the lake (M. O’Grady, pers. Northern Regional Fisheries Board, in association comm.). with the Marine Institute and the Central Fisheries In other areas organisms such as the eel swim Board, is monitoring water quality and coarse fish bladder nematode parasite Anguillicola crassus, health and has started a sampling and monitoring crustaceans and plant species such as the giant programme in selected lakes in the River Erne hogweed Heracleum mantegazzianum and Japanese catchment. knotweed Reynoutria japonica have also been Finfish farming has been associated with the recorded. Introductions sometimes result in collapse of a number of sea trout fisheries along competition or even elimination of native species, the west coast of Ireland since in the mid 1980s e.g. the crustacean Gammarus pulex sometimes (Gargan et al. 2003). Fisheries scientists concluded replaces native Gammarus duebeni where they that intensive production of Atlantic salmon in come into contact in Ireland (MacNeill et al. confined areas in sea bays was responsible for the 2003). The spread of the ectoparasitic worm generation of high levels of sea lice, which in turn Gyrodyctalis salaries has devastated Atlantic salmon infected outward migrating sea trout smolts. Sea stocks in Swedish rivers (Johnsen and Jensen 1991), trout smolts, heavily infested with lice, were and consequently there has been some effort by recorded returning prematurely to rivers in these the Irish authorities to prevent its spread to bays, and there was a dramatic decline in returning Ireland. adults numbers. The fish farms were held responsible (Gargan et al. 2003) The relationship between sea lice infestation FISH DISEASE AND PARASITES on sea trout and the distance to salmon aquaculture sites for a broad geographic range of Irish rivers All fish species are affected at some time by disease was examined over a ten year period (Gargan et al. and parasites. More serious infections only come 2003). Highest mean levels of total lice and juvenile to light when a disease or parasite causes mortality lice (chalimus stages) were recorded at sites less or noticeable lesions or deformities. By far the most memorable disease incident in recent Irish than 20km from farms. The mean total lice history was the occurrence of UDN (ulcerative infestation was lower at sites less than 30km from dermal necrosis) in Atlantic salmon stocks. First farms, and beyond 30km very low mean total lice described as salmon disease and noted for its impact levels were recorded. The average expected in the late nineteenth century: it disappeared until the abundance of lice per fish very close to farms 1960s (Bakke and Harris 1998). Observations (1km) was 50.6 individuals. There was a significant during this period by Irish fisheries workers negative relationship between sea trout marine suggest that the impact on Irish Atlantic salmon survival and the level of lice infestation on sea was very severe, particularly on the larger spring trout in four bays in the mid-west of Ireland. The salmon in the River Shannon (O’Muircheartaigh relationships shown in the study indicate that sea 1999; N. Roycroft, pers. comm.). The actual cause lice from marine salmon farms were a major is unknown, but it is believed to be a virus (Bakke contributory factor in the sea trout stock collapses and Harris 1998). The disease manifests as ulcers, observed in aquaculture areas in western Ireland mostly in the head area, and these ulcers often (Gargan et al. 2003).

23 BIOLOGY AND ENVIRONMENT

A number of protocols and regulations have growth in freshwater, they will out compete wild been introduced for salmon farms, including cohorts, further depressing a rivers output. . establishment of trigger levels of sea lice at which treatment must be carried out on farms, . creation of single generation sites, . removal of two-winter sea fish and A SHORT HISTORY OF FISHERIES . encouragement of ‘fallowing’ of bays. MANAGEMENT IN IRELAND These have resulted in some improvement of sea EARLY DAYS AND THE BOARDS OF trout stocks in certain years in certain bays, although sea trout stocks have never recovered to CONSERVATORS the pre-fish farm levels, and many stocks remain at The evolution of a structured approach to fisheries critically low levels. Gargan et al. (2003) suggested management in Ireland began with the land- that if recovery of depleted sea trout stocks is to be owning aristocracy, who wished to preserve achieved in this area it is critical to ensure that fishing rights for their own leisure and enjoyment. ovigerous sea lice levels are maintained at near zero In law, fishing rights are property rights of value, levels on marine salmon farms over the spring even if the surrounding land ownership is vested period before and during sea trout smolt migration. to another party. Prior to the Fisheries Consolidation Act 1959 a wide range of legislation and statutes THREATS TO GENETIC FITNESS dealt with fisheries matters. The 1959 Act amalgamated existing fisheries legislation together Hatcheries are often perceived as an important tool into one single act. It also laid down a managerial in fisheries management. The Electricity Supply framework, in the form of the Boards of Fishery Board operate Atlantic salmon hatcheries in an Conservators. The issuing of licenses for commercial attempt to offset loss of wild Atlantic salmon and recreational exploitation of salmon, brown production due the presence of dams on three trout, pollan and eel was their responsibility, and major Irish catchments. The fisheries boards also the main thrust of the boards’ activities was to operate a number of salmon hatcheries and two protect these interests. In the context of the fish fish farms, which produce brown trout, rainbow habitat, the Boards of Fishery Conservators were trout and coarse fish for angling purposes. also responsible for the provision of fish passes, Independent small-scale brown trout hatcheries removal of obstructions to migration and, until they run by angling clubs have also been developed were replaced in 1980, the prevention of pollution. in a number of catchments in order to supplement The Boards of Conservators at that time relied wild stocks. Adult fish are usually trapped and heavily on the Department of Fisheries for technical stripped for ova and milt and their progeny reared advice. Their narrow focus, which primarily served to unfed fry stage before stocking out to streams the needs of the commercial fishing sector, did not or lakes. The effectiveness of this management allow for an effective inland fishery management tool is open to question (White et al. 1995), and system. difficulties can arise if the operation is not adequately managed. For example, if the sex ratio of stripped adult fish deviates from unity, THE INLAND FISHERIES TRUST inbreeding is likely to occur. Additionally, adult INCORPORATED fish may be damaged by the trapping exercise and fish destined for different tributaries could be The Inland Fisheries Trust Incorporated (IFT) was cross-fertilised. Other problems associated with established in 1951 in response to the growing husbandry are known to have occurred in a interest in angling tourism and trout angling number of hatcheries in Ireland, and large (O’Grady 1989). The primary focus of the IFT quantities of eggs have been lost. was on fisheries development, but it also engaged Dilution of the gene pool by accidental or in the promotion of angling and management of deliberate introduction of farmed salmon has been fisheries; concentrating on Ireland’s large limestone identified as a significant factor affecting the survival brown trout lakes and fisheries leased from the ESB. of salmon in the wild (Cross et al. 1998). Recent In later years it embraced the development of coarse experiments on the Burrishoole system in County and sea angling. Research was an integral part of the Mayo provide further confirmation that escapes of IFT’s operations, and many core papers on Irish farmed fish to rivers with wild populations is an freshwater biology were produced (e.g. Kennedy issue that must now be taken seriously in Ireland and Fitzmaurice 1971; see Bracken and O’Grady (McGinnity et al. 2003). The study showed that the 1991 for complete list). The IFT were also the first farmed Atlantic salmon have reduced survival rates agency to assess eutrophication and its effects on fish in the wild at sea, but on account of their faster life in Irish waters (Champ 1998).

24 FRESHWATER FISH CONSERVATION IN THE IRISH REPUBLIC

THE FISHERIES BOARDS dams. The success of the ESB fishery conservation efforts are subject to controversy, with some The 1980 Fisheries Act amalgamated the Boards of authors calling the sustainability of the operation Fishery Conservators and the Inland Fisheries Trust into question (e.g. Mathers et al. 2002; Gibson and created the seven Regional Fisheries Boards 2002). (RFBs) now in operation and the Central Fisheries Board (CFB). The Central Fisheries Board acts as a coordinating body for the Regional Fisheries Other state agencies Boards and also undertakes fisheries research. The Marine Institute has an involvement in the The boundaries of the seven Regional Fisheries management of Atlantic salmon, sea trout and Boards were loosely based on surface river basin eel, with a special emphasis on research. It also districts within the state. The Fisheries Boards were acts in an advisory capacity on fisheries issues. given a mandatory responsibility for the protection, Local Authorities, An Bord Pleana´la and the conservation and management of all fish in their Environmental Protection Agency are charged with regions (section 18, 1980 Act) and the preservation the control of planning and management of waters. of the entire fisheries habitat. The Fisheries Act Decisions made by these agencies have an impact 1999 further broadened the brief of the Fisheries on fisheries and the fish habitat. The National Parks Boards to consider the biodiversity of fish species, and Wildlife Service are responsible for the sustainability of development and heritage issues in implementation of the EU Habitats Directive and their regions. The Fisheries Boards also have a role the development of Special Areas of Conservation in the protection and marketing of sea angling and (SACs), including designated areas for five Irish fish some functions with respect to the shellfish species (twaite shad, Atlantic salmon, brook, river industry. and sea lamprey) listed in the directive. They also The main strength of the Fisheries Boards lies have a lesser role in the protection of pollan and allis in the fact that they are independent statutory shad. O’Keeffe and Dromey (this volume) give bodies, with the sole focus being on the fisheries more information on the National Parks and habitat and the sustainable management and Wildlife Service, whose role in the conservation conservation of fisheries biodiversity in all waters of Irish fish species considered to be of European of the state. importance.

ADDITIONAL ORGANISATIONS WITH AN Non-governmental agencies INLAND FISHERIES REMIT The role of voluntary groups, such as angling clubs and An Taisce, has been very important in Electricity Supply Board preserving the fisheries habitat. These groups act The advent of the electrical age in Ireland saw the as lobby or pressure groups, highlighting issues and construction of large dams to harness hydropower sometimes objecting to developments perceived to under the management of a new semi-state have a negative impact on the fisheries habitat. In company, the Electricity Supply Board (ESB), many instances they act in a supporting role to the which was established in 1927 (O’Dowd et al. activities of the Regional Fisheries Boards, by 1982). These dams were constructed on some of bringing issues to their attention and increasing Ireland’s most important catchments for migratory public awareness. In this role they are extremely salmonids and eels. The dams effectively blocked effective and have been important in influencing the the route of passage for migratory fish species political agenda with respect to fish conservation in such as eel, Atlantic salmon and sea trout. On the Ireland. Angling clubs are also involved in the River Shannon, to compensate for the loss of development and management of certain fisheries salmon fishing, the ESB was required to buy out (e.g. habitat restoration, stocking and operation of all fishing rights affected by the power station hatcheries and educational programmes). Recently (Shannon Fisheries Act 1935). Therefore the ESB the emergence of more specialised non-government now effectively owns the fishing rights for the organisations, such as the Save our Sea Trout, entire River Shannon, upstream of Limerick City. Save Lough Swilly, Save our Lough Derg and Hydropower stations were subsequently built on the Lough Carra/Mask/Corrib Water Protection the Erne, Liffey, Lee and Claddy rivers. All of Society, has led to increased public awareness about the dams associated with these harnessed rivers other issues that arise as a result of declining habitat have some fish passage facilities, and the ESB also quality. In particular they have highlighted the operates a salmon and eel management programme. plight of Ireland’s freshwater fishes and have The mainstay of this programme is hatchery- brought them to the attention of the wider produced fish (Atlantic salmon) and stocking public. Some NGOs carry out research and field upstream of the dams with both juvenile hatchery survey programmes themselves, e.g. The Irish salmon and juvenile eels trapped downstream of the Char Conservation Group, to generate scientific

25 BIOLOGY AND ENVIRONMENT material necessary to further informed conser- such as the gravel removal, dumping of waste vation actions. materials, construction of culverts and other situations not anticipated when the legislation was drafted. CURRENT LEGISLATION, ITS Habitat degradation is probably the single most IMPLEMENTATION AND ITS LIMITATIONS important factor affecting the conservation of fisheries in Ireland, and this is reflected by the This section discusses the relevant government acts amount of legislation passed in this area. Most of that are at the disposal of statutory agencies and this legislation, however, is concerned with water the general public with regard to the protection quality protection. of fish and/or their habitats in Ireland (including Although implementation of the Habitats water quality) and examines the limitations of these Directive (which protects designated habitat only) acts. No attempt has been made to cover legislation and the Water Framework Directive should in concerning exploitation of fishes in detail, and theory protect the physical habitat, the focus of the the reader is directed to the Attorney General’s latter is obviously on water quality, and it is website at www.gov.ie for more detailed doubtful that physical river habitat will be fully information on the specific fisheries protection protected, at least for the foreseeable future. legislation. Designation of only parts of catchments (often ignoring the upper catchment areas) and narrow buffer zones clearly will not be sufficient to protect THE FISHERIES ACTS important Annex II fish species such as Atlantic salmon. This raises the question as to whether the The Fisheries Acts 1959 to 2000 are the primary objective is a minimalist approach that seeks only to legislation used to protect freshwater fish and their ensure that the species just about survives or habitat in Ireland. The operations of the Regional whether the objective is to ensure the existence Fisheries Boards, and the exploitation of inland of vibrant fish populations capable of supporting fisheries, are controlled by the Fisheries Acts. In angling and other human uses. In our opinion there addition, considerable use is made of fisheries by- is a need to remove ambiguity with respect to laws and statutory instruments to regulate specific certain issues in the fisheries legislation, particularly fishing activities and methods used to catch fish. regarding to the rights of landowners to alter or The Fisheries Boards are independent statutory interfere with watercourses at certain times of the bodies specifically charged as enforcement year, and as already highlighted, restrictions on authorities under this Fisheries legislation. water abstraction must be implemented if the fish Any discretion in relation to the enforcement habitat is to be preserved into the future. There is of the legislation is a function of the judiciary. This scope for improvement in the Fisheries Acts and is an advantage as it preserves the independence of other legislation (e.g. Planning Acts) that would the Boards from political interference. facilitate the speedier decision-making and assist the The role of each regional board has been Boards to protect fisheries and the fisheries habitat expanded from the traditional fisheries brief under in a sustainable manner. Any person or other section 8 (1) of the Fisheries (Amended) Act 1999. statutory body may also use sections of the This section requires that the boards have regard for Fisheries Acts to control pollution. sustainable development practices in fisheries and states that they must consider the conservation of other species of flora and fauna and biodiversity in SPECIFIC POLLUTION ABATEMENT water ecosystems. In addition the Boards must EFFORTS BY STATE AGENCIES ensure that their activities protect the natural heritage within the meaning of the Heritage Act LOCAL AUTHORITIES 1995. Section 309 (1) of the 1959 Act (as amended by Before the enactment of the Water Pollution Acts, Section 49 (1) of the Fisheries Act 1980) allows any local authorities had no formal structures for dealing interested party to take proceedings under any with pollution problems. For most pollution events section of the Fisheries Acts. Because of the local authorities relied on common law and, in the unique and focused role that the Fisheries Boards case of sewage discharges, the Public Health have in enforcing the legislation to protect the (Ireland) Acts, 1878, and the Sanitary Services fisheries environment, they are extremely effective Acts 1948 to 1962. at protecting the aquatic environment, if resourced The Local Government (Water Pollution) Act adequately. There still are difficulties in some areas 1977 and its amendment, the Local Government with regard to controlling deleterious effects that (Water Pollution) Act 1990, are significant pieces of are not related to discharges of polluting matter, legislation enacted specifically to tackle water

26 FRESHWATER FISH CONSERVATION IN THE IRISH REPUBLIC pollution from both agriculture and industry. The . monitoring Integrated Pollution Control legislation obliges local authorities to become more licenses (IPC licenses), which require the use actively involved in water pollution control and the and application of best available technologies; management of water as a public resource. The . monitoring environmental quality, including the local authorities are charged with protecting water establishment of databases; quality under the water pollution acts and have a . providing advice to the general public and local wider discretion in how they deal with water authorities with regard to environmental pollution incidents, which does not always matters; include prosecution through the courts. Some . promoting environmentally sound practices and consider that the failure to include more stringent establishing environmental quality objectives; statutory requirements undermines the ‘polluter . licensing significant waste disposal and recovery pays’ principle, and this is in direct contrast to the activities, including privately and publicly approach in the Fisheries Acts, which seek to owned landfills; stringently enforce the legislation. . coordinating the national hydrometric pro- All significant discharges of trade and sewage gramme, which collects, analyses and publi- effluent are licensed under the Water Pollution shes data on discharge and flow rates for rivers Act 1977 and must comply with certain quality and lakes and ground waters in Ireland; standards as specified in the licence. The 1990 Act . generally overseeing local authorities’ perfor- also makes provision for enactment of by-laws by mance by monitoring their statutory environ- local authorities to curb agricultural diffuse-source mental protection functions, e.g. implementation pollution. By-laws brought in to date require of the phosphorous regulations. nutrient management planning to be an integral In particular, the EPA Act 1992 has introduced part of farm waste management to prevent loss of nutrient management planning (NMP) as an phosphorous, particularly in sensitive catchment integral part of the Integrated Pollution Control areas. Some local authorities have implemented (IPC) license system for the intensive agricultural agricultural by-laws, but their efficacy has not been industry. This measure regulates the application of proven. The implementation of the Nitrates animal wastes on designated areas. However, the Directive may now effectively replace agricultural millennium report of the Environmental Protection by-laws as a mechanism to address stocking rates Agency found that agriculture was still by far the and manure storage and the sustainable use and greatest source of organic pollution in Ireland application of nutrients to land. (Stapleton et al. 2000). More progress has been Phosphorus, being the primary nutrient made with regard to local authority sewage involved in freshwater eutrophication, has also discharges standards, which are improving in line received attention under the Water Pollution acts. with increasing investment into sewage treatment The Phosphorus Regulations (SI. No. 258 of 1998) infrastructure and phosphorous removal facilities were introduced to ensure that local authorities take (Kirk McClure Morton Consulting Engineers concrete measures to reduce the levels of phosphate 2001). The other main sewage pollution source, in both ground and surface waters. Specific from one-off housing, is currently a controversial prescribed targets to be attained within a defined political issue in Ireland. The most common sewage timeframe are stipulated. In addition, each local treatment system for one-off housing is still septic authority is required to report to the EPA on the tanks, although it is recognised that these can and implementation and progress of actions to attain the do pollute water bodies (M.C. O’Sullivan improvements, i.e. to reduce phosphorous loading Consulting Engineers 2002). to aquatic systems. The deadline for achieving the The combination of the above measures, along targets for each water body is 31 December 2007, with other pollution legislation, has resulted in but there is provision to extend this time limit. some improvement in overall water quality (Environmental Protection Agency 2001). ENVIRONMENTAL PROTECTION AGENCY ACT 1992 PLANNING AND DEVELOPMENT The Environmental Protection Agency Act 1992, The Planning and Development Act 2000 has which established the Environmental Protection modernised and streamlined the planning process. Agency (EPA) in 1993, is a significant piece of The Planning and Development Regulations legislation enacted in the Irish Republic to protect 2001 implemented the provisions in the 2000 the environment. The EPA has a wide range of Act. These regulations consolidate all previous statutory duties, powers and responsibilities. regulations made under the act and repeal With reference to the fisheries habitat and previous Planning and Development Regulations protection conservation the following are of 1994/2001. Article 28 (1) (g) and (p) and article 82 particular relevance: (2) (f) lay out the criteria whereby Regional

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Fisheries Boards, as prescribed bodies, are to be Heritage and Local Government has responsibility notified in relation to proposed developments in for implementation of the directive in the Irish their respective regions. The Regional Fisheries Republic (O’Keeffe and Dromey, this volume). Boards therefore actively participate in the planning These species are given extra protection by process. Full details of relevant developments that designating sites where they occur as SACs or may impact on fisheries, fish and their habitats must sites of European importance. The full implemen- be forwarded to the relevant Fisheries Board tation of the Nitrates Directive and EU Water (Article 28 (2)). However Article 29 (1) (a) of the Framework Directive should result in further 2001 regulations stipulates that the maximum improvements. Requirements under the Nitrates amount of time allowed in which to make a Directive will be implemented by local authorities. submission is five weeks from the date that the This is raising the profile of eutrophication and application is lodged with the Planning Authority. highlighting the necessity for further control of This short time period can often pose difficulties for nutrients, implementation of nutrient management Regional Boards due to staff constraints, e.g. in the plans and appropriate minimum storage require- Shannon Regional Fisheries Board area there are ments for animal manure slurries. 25 Planning Authorities but only one Fisheries It remains to be seen how effective all of these Environment Officer (an additional temporary post measures will be, but already there is conflict has now been filled). If a response is not made regarding the implementation of the Nitrate within the time scale, it is impossible for a Regional Directive and strong resistance from agricultural Board to have a significant input into the planning and local political interests. The EU Water Frame- decision or bring an appeal to the Irish Planning work Directive aims to maintain ecological status of Appeals Board (An Bord Pleana´la). It is therefore surface, ground, transitional and coastal waters. If possible that important planning issues may not implemented appropriately this directive should receive any input from the Fisheries Authorities. greatly improve current water quality in Ireland. Other difficulties in the planning process The directive was transposed into Irish law by encountered by Regional Fisheries Boards are as the European Communities (Water Policy) follows: Regulations 2003. All agencies involved in . non-referral of proposed projects that clearly protecting water and conserving the habitat will have a direct impact on the fishery habitat; join in the formulation of specific River Basin . referrals requiring a response but allowing District Boards. The Water Framework Directive insufficient time for a proper considered requires all EU member states to put mechanisms response to be made (regularly this is less than in place to divide the country into River two weeks and may be only a few days);. Basin Districts (RBDs). Each RBD must design . Environmental Impact Statements for major and implement a plan for the comprehensive developments not being referred to the management of their water resources. In general, fisheries authority at all; the plan should aim to prevent any deterioration of . referrals made for developments that clearly have good water status and to achieve good water status no impact on the fisheries habitat, e.g. in waters already impacted, within a fifteen-year construction of a conservatory; time frame. In broad terms these Boards will fully . compiling and publishing of planning lists are integrate all the relevant agencies and allow for a not being completed on time in some areas. coordinated integrated sustainable approach to protect water quality and the biodiversity of all the waters in the state. EUROPEAN DIRECTIVES Significant legislation in the form of directives from DISCUSSION the European Commission has had a major impact on the protection of aquatic habitat in recent years. Ireland’s fish fauna is unusual in a number of ways, These directives were usually brought into Irish law with low species richness but high genetic diversity by way of regulations and statutory instruments. within species complexes (such as brown trout and The Habitats Directive 92/43/EEC aims to Arctic char) and the presence of unusual indigenous protect European important habitats and species. and rare fish species (such as the pollan and a This directive was implemented in Ireland by freshwater form of twaite (Killarney) shad. In the European Communities Natural Habitats contrast to the rest of Europe, many of Ireland’s regulations 1977. The five fish species of fish communities have remained unchanged since European importance (i.e. those listed under the last Ice Age. Annex II of the directive) that occur in Ireland Recently, it has been argued that there are are covered by the statutory instrument, and several species of brown trout in Ireland (ferox, currently the Department of Environment, gillaroo and sonaghen (Ferguson, this volume))

28 FRESHWATER FISH CONSERVATION IN THE IRISH REPUBLIC and that Ireland’s trout populations should be the Fisheries Boards that make them (if resourced managed as separate genetic units as opposed to a sufficiently) an effective agency to protect the broad single-species approach. Non-indigenous fish fisheries heritage. species are now widespread in some parts of the In conclusion, the authors recommend a country, particularly along navigable waterways modernisation and improvement of the fisheries such as the Shannon and Erne systems, and these legislation to bring it into line with today’s pressures pose a serious threat to native fish communities. and changing human society; the adequate Traditionally the value of freshwater fish in Ireland resourcing and preservation of the independence has been either in a commercial or a recreational of the fisheries boards; and the development of angling context. Although this view is still valid partnerships and improved working relationships today, there is a growing recognition that fish are with other relevant statutory agencies and NGOs also of cultural and heritage importance. For to tackle the ever-increasing and more complex example, results from a recent questionnaire environmental pressures facing our more vulnerable circulated among the local community in Birr, native freshwater fish fauna. Co. Offaly (Igoe 2003), demonstrated that /90% people interviewed at random recognised the heritage value of the croneen, a local endemic ACKNOWLEDGEMENTS brown trout variant. To the authors’ knowledge, this is the first assessment of the Irish public’s We wish to express our thanks for the following perception of the heritage value of any freshwater for discussions prior to the drafting of this paper: fish species, and it clearly illustrated that the public Mr John Lucey and Mr Martin McGarrigle, place some importance on their continued Environmental Protection Agency and Mr Trevor existence. Champ and Dr Paddy Gargan, Senior Research However, Ireland’s aquatic environment is Officers, Central Fisheries Board. Fisheries changing as society changes, and negative Environmental Officers Dr A´ ine Nı´ Shuilleabha´in, consequences for our freshwater fish communities Mr Frank O’Donoghue and Mr Noel McGloin, and have been documented (Fitzmaurice 1981; Champ Shannon Regional Fisheries Board Chief Executive 1998; Igoe et al. 2001; Delanty and O’Grady 2002). Officer Mr Eamon Cusack kindly advised on various Entire populations of Arctic char have become drafts of this paper. The following Fisheries extinct (Igoe et al. 2003), and the continued Environmental Officers also provided advice, survival of others (Igoe and Hammar, this experiences and comments: Mr David McInerney, volume) are threatened. The pollan (Rosell et al., Ms Catherine Morgan, Mr Stephen Neylon, Mr this volume) is also threatened, and the genetic Brendan McGuire, Ms Greta Hannigan, Ms integrity of our genetically diverse brown trout also Michaela Kirane, Mr Michael McPartland, Ms a cause for concern. The status of other species such Patricia O’Connor and Mr Kevin Rogers. Others as twaite and allis shad, smelt and lampreys also who gave additional information include Mr Kevin require more detailed investigations, and local Crowley, Northern Regional Fisheries Board; Noel declines have been observed for some populations. Roycroft (former Fisheries Manager ESB); and Mr Pressures on Ireland’s fish communities include Paddy Barry, ESB. Dr Sheila Hamilton-Dyer kindly water quality deterioration, landscape changes, provided access to unpublished information and direct and indirect physical habitat changes and commentary on the archaeological records on biological changes due to introductions of non- Ireland’s fish fauna. indigenous fish and other organisms. These impacts The authors wish to state that this review reflects may be further compounded by climate change their opinions and they do not necessarily represent attributed to global warming. Impacts on the those of the people acknowledged above, the Royal aquatic environment are increasing, and practical Irish Academy or the editors of Biology and the solutions are required if we are to preserve and Environment: Proceedings of the Royal Irish Academy. protect fish life for its own sake and for future The authors wish to acknowledge the assistance of human generations to enjoy. the Royal Irish Academy Staff, in particular Ms This paper has concentrated on the legisla- Roisı´n Jones. tion relevant to fisheries protection, inadequacies in legislation and/or its implementation by respon- sible agencies on account of lack of resources, REFERENCES knowledge or administrative delays. It should be clear from the content of this paper that, in the Allott, N.A. and Brennan, M.T. 1992 Impact of authors’ view, the role of the Fisheries Boards is afforestation on inland waters. In C. Mollan (ed.), very important and needs to be strengthened with Water of life,89/98. Dublin. 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