Uncle and nephew fined for illegal salmon fishing near West Cork island
An uncle and nephew have been convicted in the district court of illegally fishing for wild salmon in waters near Dursey Island in West Cork.
Bernard O'Leary from Dursey Island and his nephew John O'Leary from Templemartin, Bandon, Co Cork, pleaded guilty to a total of 11 charges in relation to illegal fishing activities in July 2024.
Giving evidence, Fisheries Officer with Inland Fisheries Ireland Dermot Long said that a covert operation had been set up in the early hours of July 10, 2024, at Dursey Sound. Mr Long said that Bernard and John O'Leary were observed through scopes from 6.30am in the waters to the north of Dursey Island.
The two men were observed catching several salmon with nets and placing them into a large canvas bag on their boat. Mr Long said that by the time the men stopped fishing at 3pm it was estimated they had placed 12 to 15 salmon in the bag.
Mr Long said that the bag was so heavy it required the two men to lift it when they went ashore to the island for a break. They were observed returning to the boat at 4.30pm when they resumed fishing for another three hours.
They again came ashore with a canvas bag full of salmon and loaded it into a Toyota Landcruiser. At this point Mr Long said the decision was taken to intercept the two men at the pier.
When they were approached, Bernard O'Leary was described as uncooperative. Mr Long said that Bernard O'Leary got back in the boat ignoring an officer's demand that he stop and went across Dursey Sound to the island where he got in a jeep on the other side and drove off.
Mr Long said that John O'Leary was fully co-operative and 'couldn't have been more helpful'. He said that 13 salmon were seized from the afternoon catch and the jeep was also seized, though it was returned after about six months.
Mr Long said that he could not seize the net or the salmon the O'Learys caught in the morning because Bernard O'Leary refused to co-operate. Mr Long said that John O'Leary had asked Bernard O'Leary on his behalf to surrender the salmon and the net but he did not do so.
Defence solicitor Brian Harrington said that both men had no previous convictions of any kind and were pleading guilty. He said that John O'Leary accepted he had 'made a mistake which has caused him an awful lot of embarrassment'.
He said the jeep that was seized was one that he had borrowed which added further embarrassment to the situation. Mr Harrington said that Bernard O'Leary had retired from fishing many years ago and maintained a small flock of sheep on Dursey Island. He said that Mr O'Leary was available on the island if officers had called to him.
Sentencing
Judge Joanne Carroll said that it was a very serious matter and that Bernard O'Leary 'cannot live on Dursey Island and not realise it is illegal to go out and fish wild salmon with nets'.
The judge said 'it was more than a mistake, it was a criminal act,' and she suspected that Bernard O'Leary had sold the fish that were not recovered which would fetch up to €100 each on the black market 'unless he gave them to the cat'.
John O'Leary was convicted and fined €1,000 for the possession of the 13 salmon and €500 for illegally fishing with drift nets. The other three charges against him were struck out.
Bernard O'Leary was convicted and fined €1,500 for obstruction, €1,500 for the illegal possession of salmon and €1,000 for fishing with drift nets. A further three charges were taken into consideration.
Both men were given six months to pay the fines and recognisance in the event of an appeal was fixed in their own bond of €100.
This article is funded by the Courts Reporting Scheme.
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