Donegal Circuit Court upholds conviction for 13 untagged salmon found in car

Donegal Circuit Court has upheld the district court conviction of an Ardara man caught with 13 untagged salmon in the boot of his car.

A suspended prison sentence imposed in Glenties District Court was waived by the circuit court judge. However, the original fines and prosecution costs were significantly increased.

Liam Whyte of Ardara was convicted of two breaches of fisheries legislation in relation to an illegal fishing incident on July 10, 2017. He is a former salmon draft new licence holder. 

Inland Fisheries Ireland has welcomed the ruling by Donegal Circuit Court.

 Dr Milton Matthews, Director of the North Western River Basin District Inland Fisheries Ireland (IFI) said: “Any salmon killed in excess of the quota identified for any particular salmon fishery directly impacts on the long-term sustainability of that salmon fishery.

“It is critical for all stakeholders to strictly abide by tagging and quota regulations to safeguard the future of these valuable fisheries. 

The case was first heard in Glenties District Court on February 27, 2019. Whyte was convicted and fined €1,300 for possession of the salmon and was ordered to pay costs of €750.

In light of previous convictions the court imposed a sentence of three months imprisonment which was suspended for two years. This was on condition that there be no further convictions under the Fisheries Acts during that time.

Whyte appealed the ruling to Donegal Circuit Court and the case was heard on March 14, 2023. 

As the defendant had not come to the attention of the courts in the intervening period the court waived the three months suspended sentence. The convictions on two counts of breaches in fisheries legislation were upheld, with fines amounting to €2,800 and costs of €979.63.

Dr Matthews said: "I commend the ongoing vigilance of our fisheries protection officers who conduct extensive surveillance operations throughout the year to ensure that licenced salmon draft net holders comply fully with the strict tagging and quota regulations.

“Members of the public can report incidents of illegal fishing, water pollution and fish kills, to Inland Fisheries Ireland's 24-hour confidential hotline number on 0818 34 74 24."