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Showing posts with label Lough Foyle. Show all posts
Showing posts with label Lough Foyle. Show all posts
Enda Craig ✊ Items that frame our case that the designation of Lough Foyle as Coastal Waters are unjustifiable and harmful to the biodiversity of this outstanding asset are:

The designation was made for the purposes of The Urban Waste-water Treatment Directive which came into force on 21st May 1991.

The identification of the outer limits of Estuaries in Ireland for the UWWTD appeared in a report by the EPA (ROI) dated February 1995. This was done in collaboration with the UKDoE and primarily under UK Regulations. The primary work was done by the DoE with basically the rubber stamp of the EPA.

The UWWTD requires that Member States establish the outer (seaward) limits of estuaries for the purposes of the directive.

Article 2 of the UWWTD directive defines 'estuary' as: the transitional area at the mouth of a river between fresh water ans coastal water.

The (present) line designating the outer limit of the estuary (near the river mouth at Culmore) was determined from 'an assessment of the available salinity data' primarily.

The Humber and Severn Estuaries were subjected to this process and declared Coastal Waters. The two cities of Bristol and Kingston upon Hull successfully brought a judicial review against the UK DoE in January 1996. There must surely be a precedent in this as the court dismissed the case on the grounds that the UK proposals under the UK Regulations were not in the spirit of the EC Directive. This renders the use of these regulations for the Foyle classification as questionable at the very least.

The provisions of the UWWTD will be subsumed into the Water Framework Directive in May of this year so a proper designation is now urgently required to avoid this faulty classification becoming becoming fully ratified.

Discharges into Coastal Waters have less stringent control than into estuarine waters.

The following abstracts from a paper by M. Elliot and D.S. McLusky entitled 'The Need for Definitions in Understanding Estuaries' should help clarify. Please note that Professor Mike Elliot of the Institute of Estuarine & Coastal Studies, University of Hull, is the leading UK authority on this subject. I have the full paper and if you would like to have it please let me know.

In regard to the UWWTD and definition of estuaries:

As with all such directives, the European States had discretion in implementing the Directive and thus the U.K. and others chose a further definition, that of the presence or absence of High Natural Dispersing Areas (i.e. the sea) which reflected the response to organic inputs. As such, the (then) UK Department of the Environment (DoE) redefined the Severn and Humber estuaries as sea even though in the case of the latter that ‘ sea ’ area stopped at the Humber Bridge situated halfway along the estuary, and the Severn stopped at the Severn Bridge, situated almost at the top of the estuary (Dyer 1996)! 

Given the local pressure to reduce sewage inputs, the two major cities involved, Bristol and Kingston-upon-Hull, successfully brought a judicial review against the UK DoE in January 1996 (Pearce, 1996). 

In acting for the municipal authorities, the Institute of Estuarine & Coastal Studies at the University of Hull were asked to clarify definitions of estuaries and thus considered biological, chemical, physical and geographic factors.

The scientists and environmental law scholars tended towards an ‘ expert-view ’ definition that ‘if it looks like an estuary, smells like an estuary and behaves like an estuary, then there is a good chance that it is an estuary ’!

In implementing the EU Directive, the U.K. through its Urban Waste-water regulations 1994, adopted two alternative definitions of estuaries: an area receiving freshwater inputs where the waters on a depth-averaged basis have a salinity of less than 95% of the adjacent local offshore seawater for 95% of the time; or: an inlet of the sea bounded by a line between such topographical features as define the seaward boundary of the estuary.

The judicial review supported the first of these definitions and took the view that above this threshold it becomes the sea. However, this definition was never tested rigorously as, in the final decision, the court eventually dismissed the case on the grounds that the proposals were not within the spirit of the Directive.

Even within the UK Regulations it is difficult to see how Lough Foyle was classified as Coastal Waters. It is perfectly clear that the relevant topographical features in this case are between Greencastle and Magilligan point, constituting a relatively narrow coastal break and a line between these points defines the seaward boundary of the estuary. As the entire fresh water production of the rivers Foyle, Roe, Faughan and their tributaries have to exit to the sea across this line twice every day, it would be astonishing if the given salinity limits would permit the estuary side of this line to be declared sea. Nevertheless, the Humber/Severn case dismissal at the judicial review is salutary and seems to offer a legal precedent to instruct the relevant departments to put this thing right. The only real surprise is that it is taking such an effort to cause this to happen.

The technical staff in the DoE(NI) and EPA (ROI) who were dealing with this matter are:

DoE(NI): Michael McAliskey

Marine Assessment and Licensing Team

Water Management Unit

Northern Ireland Environment Agency

17 Antrim Rd. Lisburn

BT28 3AL

Tel 02892623162

Mob 07881540041

EPA(ROI): Shane O'Boyle

Regional Inspectorate

McCumiskey House

Richview

Clonskeagh Rd.

Dublin 14

Tel 00353 1 268 0100

⏩Enda Craig is Spokesperson for Community for a Clean Estuary

Lough Foyle Waters Reclassified In 1995 From Esturine To Coastal And Not A Word From Anyone

Enda Craig ✒ in a letter to the Inish Times clarifies the jurisdictional issue pertaining to oyester trestles on Lough Foyle. 


Dear Editor,

In recent articles that have appeared in the Inish Times it was stated by several contributors that the lack of Jurisdiction on Lough Foyle was the reason that there is neither regulation nor licences on the Oyster trestles ( aquaculture ) between Muff and Moville on the foreshore of Lough Foyle.

The reason given for this absence of regulation is being blamed on both the Irish and British governments who it was stated were unable to organise a 'management agreement' (lease) which would have solved the problem.

The impression been given was that it was entirely up to the two Governments to organise a 'management agreement' but this in fact is far from the truth and not correct.

In truth, the two governments have to negotiate a lease with the Crown Estates for allowing Aquaculture on Lough Foyle. The Crown will lay down the conditions required (which the two governments will have to agree to) and one will be the rent they will charge. This rent will be recouped from the fishermen by way of a licence through the Loughs Agency should the day come when a lease is agreed.

The Crown Estates on behalf of the Crown of England owns the sea-bed. The two govts are simply tenants willing to pay for its use. Most commentators seem unwilling to explain that it is the Crown Estates that calls the shots on Lough Foyle and would rather use ' jurisdiction ' as a red herring.

To have official power to make jurisdictional decisions over any property you must, in the first instance, be either the legal owner of the said property or have legal permission of its owner by way of an agreed Lease. That applies to governments as much as anyone else.

Since 1998, as a direct result of the Good Friday Agreement, both the Irish and British governments decided to increase the powers and remit of the newly formed Loughs Agency by introducing the Foyle and Carlingford Fisheries Act 2007 in which the agency was to be given sweeping new powers and especially the legal responsibility for licensing Aquaculture ( oyster trestles ) on Lough Foyle.

Unfortunately a problem arose in the guise of the Crown Estates which would see the plan scuppered as regards aquaculture ( oyster trestles ) licensing in Lough Foyle.

In 2007, when the Irish and UK governments sent the draft Foyle and Carlingford Fisheries Act to the Crown Estates for agreement they refused to accept the licensing section on Aquaculture (oyster trestles) which was to be the central part of the legislation and on which a Lease (management agreement) with the Crown Estates would be based.

The 2007 Foyle and Carlingford Fisheries Act was commenced but without the section on licensing for Aquaculture. The Crown Estates had refused to accept it and so it remains to the present day showing quite clearly who is in charge of Lough Foyle.

Without the legislation to insist on the oyster trestle fishermen taking out a licence, it left the Lough's Agency helpless and unable to regulate the aquaculture industry on the foreshore of Lough Foyle between Muff and Moville. It is the reason why they and anyone else do not have the power to touch the trestles.

That, in a nutshell, is the only reason why the Oyster Trestles cannot be licensed and why there can be no regulation ... nothing to do with jurisdiction.

The Crown Estates sent a letter to the Irish and UK governments in 2007 outlining their detailed reasons for not accepting the aquaculture licensing legislation.

It has remained so to the present day.

There is no legislation available to the Loughs Agency to force the oyster fishermen to take out an aquaculture (oyster trestles) licence and abide by all the conditions that a licence would insist upon.

The trestles are there at the pleasure of the Crown Estates who, quite frankly, would have major difficulty in policing the huge number of trestles located on the foreshore of Lough Foyle between Muff and Moville on the Donegal side.

That has been a windfall for the oyster fishermen.

It seems the Crown Estates are quite willing to allow the trestles to remain.

⏩ Enda Craig is spokesperson for Lough Foyle group, Community For A Clean Estuary.

The Real Reason Why The Oyster Trestles On Lough Foyle Are Not Regulated

Enda Craig & Liam O'Brien slam arrangements that screw the fishing community of Lough Foyle .

For hundreds of years local fishermen on Lough Foyle have been exercising their traditional fishing rights as they saw fit in relation to the many species of fish and shellfish varieties that abound in the waters and sea-bed of the Lough. 

Handed down from one generation to the next those local fishermen gathered in the bounty of the wild salmon, wild oysters, herring, mackerel etc. while locals along the foreshore gathered winkles, razor fish etc. 

Skipper Of The Crystal Dawn Liam O'Brien Arrives Back In
Greencastle Fishing Port After A Successful Days
Traditional Herring Fishing On Lough Foyle (November 2020) 



Down all the years these traditional fishing rights were well recognised, respected and accepted by the Crown Estates who made no attempt to impose a license or deny the fishermen these traditional rights. The financial benefit accruing to the locality was considered a welcome addition by all those involved in an area that had sparse alternative streams of income.

Unfortunately, it now seems that these same mentioned traditional fishing rights will no longer be respected as both the Irish and UK Governments plan to take over and license each and every species of fish and shellfish found in the Lough (and possibly indeed to include the Foyle area all the way from Greencastle to Malin Head) and have the new arrangement administered on their behalf by the recently established Loughs Agency. 

To this end, they have assembled an amendment to the 1952 Foyle Fisheries Act (which covered Salmon only) and are attempting to include all other species of fish and shellfish found in the lough in new legislation called the Foyle and Carlingford Fisheries Act 2007. In other words, anyone attempting to exercise their heretofore traditional fishing rights on Lough Foyle will not now be allowed to do so and a license will instead be demanded, under threat of prosecution by the Lough's agency acting on behalf of the Irish and UK Governments should their takeover be successful. 

 Unbelievably the license money levied from the local fishermen and shellfish shore gatherers will now go to pay rent to the Crown Estates (Queen of England) as laid down in the conditions of the upcoming expected commercial lease being presently considered by the Crown Estates (owners of Lough Foyle) in agreement with the two Govts (Tenants of Lough Foyle). 

That this should all have emanated, in the first instance, from the Good Friday agreement is disappointing and difficult to understand as it is well understood that the Crown Estates recognise and accept the existence of the present traditional fishing rights as they historically stood and were making no attempt to have them withdrawn or licensed. It has become difficult for the local custodians of the traditional Foyle Fisheries to understand or accept why this uncalled for and unacceptable grab of their local fisheries is being planned.

This might sound like heresy to some in the locality but the facts are there to support the above statements.

The relevant history begins in the 17th century at a time when Ireland was under the occupation and ownership of England. The Irish Society was a consortium of companies from the City of London set up in 1613 to colonise County Londonderry during the Plantation of Ulster. In 1662 Charles II (the then King of England) granted the waters, the fisheries and the sea-bed of Lough Foyle to The Irish Society by way of Royal Charter. This was in part payment for the substantial role The Irish Society played in building the Walls of Derry between 1613 and 1619.

This remained the case up until 1952 when the Irish and UK governments decided to pay the Irish Society one hundred thousand pounds for the salmon and eel fishery of Lough Foyle. This set a very important precedent for the Irish Government who, by agreeing to hand over half the cost, accepted that the fishery was in fact privately and legally owned by the Irish Society under the provisions as laid down in the Royal Charter of 1662. This acceptance of ownership of the salmon fishery by the Irish Government was in complete contradiction to their often-repeated statement that they did not accept the claim of ownership of the Lough by the Crown of England. The fact of the matter is you would not pay for something that you claim and believe you own yourself.

In the same year as the purchase of the salmon fishery of Lough Foyle from the Hon Irish Society the waters, fisheries and the sea-bed of Lough Foyle reverted in ownership to the Crown Estates

...  The Crown Estate is a collection of lands and holdings in the territories of England, Wales and Northern Ireland within the United Kingdom belonging to the British monarch as a corporation sole, making it "the sovereign's public estate".

After the purchase of the salmon fishery in 1952 the two Governments introduced legislation, the Foyle Fisheries Act, which allowed them to levy for, the first time ever, a salmon fishing license which had been heretofore a traditional right and available to the local community. The Foyle Fisheries Commission would now license and administer the salmon fishery in Lough Foyle from 1952 until 2006 when a new regulatory body called the Lough's Agency, established on foot of the Good Friday Agreement of 1998, would take over.

ALL

The newly established Lough's Agency would now attempt the takeover of All the traditional fishing rights in Lough Foyle.

In a substantially expanded remit, described in the new Foyle and Carlingford Fisheries Act 2007 (which now amended the 1952 Foyle Fisheries Act) it was shown that the many other species of fish and shellfish would be listed for take over and under the control of the Loughs Agency. This new amended legislation would be predicated on the two govts agreeing to conditions contained in a commercial lease being considered by the Crown Estates regarding the cost of rent for the various fisheries and the use of the sea-bed etc. in the Lough.

But the best laid plans do not always fall quietly and simply into place.

When the Draft Foyle and Carlingford Fisheries Act of 2007 (the basis for the expected Lease) was sent to the Crown Estates for acceptance in 2007 they immediately refused to agree to the licensing section and advised both govts to that effect by letter on 15th January 2007. Please see following excerpt from the Crown Estate letter:

As a body when granting a landowner-consent we include certain reservations and caveats giving us rights over our proprietary and interests.

As can be seen from this extract from the Crown Estate's reply they had no intention of allowing access to the sea-bed being taken from them, the owners, as part of a lease and handed over to license holders. Also pointed out in the letter was the fact that the legislation did not contain details of the Crown Estates ownership of Lough Foyle.

This was the Only reason for the 2007 Foyle and Carlingford fisheries Act not being commenced in 2007 and the process coming to an abrupt halt. In truth this intervention by the Crown Estates immediately scuppered all attempts by the two Governments and the Loughs Agency in their 'takeover' attempt of the traditional fishing rights of Lough Foyle and proving the fact that the Crown Estates were completely in charge. 

Recent statements from politicians and govt sources blaming the lack of progress regarding a lease on the UK Government is disingenuous and a lie. As has been shown this was directly attributable to the Crown Estates rejection of the conditions included in the 2007 Foyle and Carlingford Fisheries Act. 

This may well yet be viewed as a blessing in disguise by the true custodians of the local traditional fishing rights. The recent past history of a number of the Foyle Fisheries is dismal and gives rise to many concerns. The Salmon fishery on Lough Foyle no longer exists. (Once considered to be one of the finest wild Salmon runs in Western Europe). The mussel industry has fizzled out. The wild oyster fishery was recently described as being on its knees by a local County Councillor and ex-chairman of the board of the Loughs Agency. 

All this under the watch of the Loughs Agency who would have the world at large believe that they are the proper organisation to take control of All fisheries in Lough Foyle and the Foyle area. This claim would need some explanation considering the recent decimation and dismal state of the mentioned fisheries.

As it presently stands the Loughs Agency power is contained in the 1952 Foyle Fisheries Act only and nothing else. A number of local fishermen are known to have come under undue harassment / intimidation in recent years for exercising their traditional herring fishing rights on lough Foyle. This behaviour by statutory bodies that do not have the requisite authority for such activities is concerning.

It has to be stated that the Irish Government created a precedent in law by agreeing to pay the Irish Society for the salmon fishery in 1952. As a consequence, they accepted the fishery was privately owned by The Irish Society and the same must now apply to all other fisheries in Lough Foyle. Local politicians and Spokespersons for the Government are simply putting up a smokescreen as they try to hide the fact that it is the Crown Estates that calls the shots on Lough Foyle. It is disingenuous to hide the fact that if a lease (management agreement) is ever agreed with the present owners of the lough, the CE, then the Irish Govt will be complicit in levying money from local fishermen which will be used to pay the Crown of England for the privilege of fishing on Lough Foyle. 

Crystal Dawn

The attempted "takeover" of traditional fishing rights of Lough Foyle by the Irish / UK Governments and the Loughs Agency, when it is known that the Crown Estate never looked to withdraw or remove the same traditional rights to begin with, is difficult to understand. Since 2007 when the Governments and the Loughs Agency attempted to bring in a licensing regime and the Crown Estates would not allow them there has been absolute stalemate. 

Is it a question of the Crown Estates flexing its ownership muscle and showing where the true power resides in relation to Lough Foyle? Or is it because they do not like the fact that they were ignored and taken for granted when the 2007 Foyle and Carlingford Fisheries Act was being compiled? For whatever reason the process has ground to a halt and will only start again when the Crown Estates is good and ready, if ever and on their terms and conditions.

In the meantime, a conversation might be considered necessary with the true custodians of the Fishery to determine the rights and wrongs of the attempted "takeover" of the fishermen's traditional fishing rights on Lough Foyle.

⏭Enda Craig is a Local Environmentalist in Donegal. Liam O'Brien is Skipper of the Crystal Dawn.

Licensed Larceny

Enda Craig ✒ I have to take issue with Cllr Terry Crossan in regard to some of the detail in the article below.

While it is true that Lough Swilly was invaded by a fleet of large herring fishing vessels in very recent times the same cannot be said in relation to Lough Foyle. 

The photo posted in the article below refers to the Shasleah, a proper inshore fishing vessel of 12 metres length. The fact that a small quantity of herring were on the deck does not, in any way, constitute it being ' overladen '. 

The most important question that has not been addressed is the ownership of Lough Foyle i.e. Sea-bed, Foreshore, Waters and the Fisheries. 

In 1952 the Irish Govt and the UK Govt bought Only the Salmon Fishery from the Irish Society and thereby set a precedent for the ownership of the other fisheries i.e. Herring, Mackerel  etc, etc that are still within the waters of the lough. 

It is premature to claim ownership of something part of which you are already known to have paid for. 

It makes you more of a tenant than an owner.



➽ Enda Craig is spokesperson for Lough Foyle group, Community For A Clean Estuary.

Owners & Tenants

Enda Craig asks Where Will The International Brexit Line Be Placed On Lough Foyle - Donegal Side Or The Northern Ireland Side?

With Brexit fast approaching and the UK govt threatening a no-deal crash out the international boundary line between the European Union and the United Kingdom along the shoreline of Lough Foyle is taking on a whole new meaning for the people of Donegal and especially for those living in East Inishowen between Muff and Greencastle.


The long running saga of this past one hundred years, whereby the UK and Ireland governments have made claim and counterclaim to ownership of Lough Foyle will now have to be resolved so that the boundary line can be clearly determined. 

To get some historical perspective as to where the line will probably be located we need to examine some pertinent details. 

There are three main players involved here.

The UK and Irish governments and additionally the Crown Estates who also claim to own the sea bed.

Crown Estate ... " The Crown Estate is a collection of lands and holdings in the territories of England, Wales and Northern Ireland within the United Kingdom belonging to the British monarch as a corporation."

In an email from Mr Gary Thompson, Coastal Manager for the Crown Estates dated the 21st Aug 2015 he quotes the following in response to a query from the CFCE group in Carnagarve, Moville, Co Donegal as to the ownership of the foreshore and sea bed of Lough Foyle.

Mr Thompson on behalf of the Crown Estate states ..... "The Crown owns the majority of the foreshore and sea bed of the River and Lough Foyle".

This is followed by a statement on the 2nd of November 2016 from Mr James Brokenshire, Secretary of State for Northern Ireland shortly after the UK govt announced they were leaving the EU and heading for Brexit. Asked specifically about Lough Foyle he added: "The UK Government's position remains that the whole of Lough Foyle is within the UK."

This in turn prompts an immediate response from the Dublin Govt: "Ireland has never accepted the UK's claim to the whole of Lough Foyle." 

This claim and counterclaim has been played like a game of tennis by both sides for this past one hundred years. 

The following are some of the historical facts that will come into play in deciding this issue of ownership of the foreshore and sea-bed of Lough Foyle.

They will decide the exact international border line between the EU and the UK.

The history books tell us that in 1169 the English invaded Ireland and subsequently ruled over this island and its people until Irish Independence in 1922. After the Irish/English Treaty was agreed and signed in 1922 the English retained the six counties of Northern Ireland and both Lough Foyle and Lough Carlingford. In 1662 Charles II (the then King of England) granted the waters, the fisheries and the sea-bed of Lough Foyle to The Irish Society by way of Royal Charter.

This was in part payment for the substantial role The Irish Society played in building the Walls of Derry between 1613 and 1619.

The Irish Society was a consortium of companies from the City of London set up in 1613 to colonise County Londonderry during the Plantation of Ulster.

Lough Foyle remained in the ownership of the Irish Society from 1662 until 1952 when it sold the Lough's fishery to the Irish Government and the Northern Ireland Fishery Board for the sum of one hundred thousand pounds.In the same year (1952) the Irish Society gave back ownership of the sea-bed of Lough Foyle to the monarchy (The Crown Estates).And it remains so until the present day.

Since 2007 both the Irish and English Governments have been attempting to negotiate a ' management agreement ' ( long term lease ) for aquaculture with the Crown Estates but without any success to date.

It seems quite clear from the available evidence that the Crown Estates call the shots as to what happens on the sea-bed of Lough Foyle at this time.

If the Irish government had a valid claim then the question must be asked why did they not pursue it over this past one hundred years,

The fundamental problem remains - you cannot exercise jurisdiction of someone else's property without their agreement. 

Calls by various politicians to the Irish Government to 'sort out' the jurisdictional difficulties have resulted in the standard disingenuous reply: "it is a complicated process and negotiations are ongoing".

This often repeated mantra rings hollow after such a long time.

Any attempt to resolve the issue of where the dividing line lies without firstly taking into account the ownership claim to Lough Foyle by the Crown Estates is putting the cart before the horse and is doomed to failure.

Just shouting that you own something is not a credible claim unless you are prepared to put your money where your mouth is and make a viable challenge.

In the end it will come down to whether the Irish authorities accept the legal standing of the Royal Charter issued by the Crown in 1662.

If not they will have to make a legal challenge.

It must not be forgotten that the Irish Government voluntarily paid the Rt Hon the Irish Society half the cost of the Salmon fishery on Lough Foyle in 1952 (50,000 pounds) and thereby gave credence to the legality of the said mentioned charter.

It would make one wonder what was actually agreed to in the Treaty of 1922 when a country that gained its Independence and Republic status is still bound by a Royal Charter that is four hundred years old. 

If the legality of the Charter is accepted then logically the UK claim to the ownership of the sea bed to the high water mark on the Donegal side of Lough Foyle will be vindicated.

What will be the consequences for the fishing and aquaculture industry for Donegal/European citizens should they attempt to cross the new International Brexit line between Muff and Greencastle.

What will the position of people in Inishowen should they feel the need of a paddle below the high water mark in the waters of Lough Foyle.

Soon both sides will have to show their hands.

It's time the truth was spoken.

➽ Enda Craig is spokesperson for Lough Foyle group, Community For A Clean Estuary.

Picking A Side

Enda Craig argues the importance of regularising the ownership of the Lough Foyle sea bed. 

 In 1169 the English invaded Ireland and subsequently ruled over this island and its people until Irish Independence in 1922.

After the Treaty was signed the English retained the six counties of Northern Ireland and both Lough Foyle and Lough Carlingford.


In 1662 Charles II (the then King of England) granted the waters, the fisheries and the sea-bed of Lough Foyle to The Irish Society by way of Royal Charter. This was in part payment for the substantial role The Irish Society played in building the Walls of Derry between 1613 and 1619. The Irish Society was a consortium of companies from the City of London set up in 1613 to colonise County Londonderry during the Plantation of Ulster.

Lough Foyle remained in the ownership of the Irish Society from 1662 until 1952 when it sold the Lough's fishery to the Irish Government and the Northern Ireland Fishery Board for the sum of one hundred thousand pounds.

In the same year (1952) the Irish Society gave back ownership of the sea-bed of Lough Foyle to the monarchy (The Crown Estates).

The Crown Estate is a collection of lands and holdings in the territories of England, Wales and Northern Ireland within the United Kingdom belonging to the British monarch as a corporation.

And so it remains until the present day.

In 1997 the Good Friday Agreement changed the role of administration of Lough Foyle from the Foyle Fisheries to the Loughs Agency. It also introduced new legislation called Foyle And Carlingford Fisheries Act 2007 as an upgrade on the 1952 Foyle Fisheries act.

This legislation, for the first time ever, proposed to levy a licence fee on the traditional Wild Oyster fishermen on Lough Foyle. All but one of the fishermen paid the fee. He was prosecuted under the new legislation for fishing illegally on the first morning of the fishing season. He in turn summonsed the Loughs Agency for prosecuting him illegally on the basis that he was exercising his traditional right and also that the owners of the sea-bed (where the Wild Oysters are located), the Crown Estates, had never given their permission for Jurisdiction of the sea-bed to anyone.

The proof that the owners of the seabed (The Crown Estate) did not agree to the licensing section of the proposed 2007 legislation is contained in a letter from The Crown Estates to The Fisheries Division in Stormont Castle on the 15th January 2007. In summary the letter states that the Crown Estate's rights, as landowners of the seabed, must be recognised in the proposed legislation. On that basis they refused to agree to the proposed legislation. This had the effect of stopping the licensing section of the 2007 act. This is currently the position right up until the present day. A copy of this Crown Estate's letter is with the Editor.

You cannot exercise Jurisdiction of someone else's property without their agreement.

The application of the wild oyster licence fee from 2007 is now considered dubious.

Also, the minutes of the 42nd board meeting of the Lough Agency in May 2007 quite clearly show that the Dept. of Marine in Dublin was already paying rent to the Crown Estate:

Barry Fox informed the Board on recent contact made with Charles Green from the Crown Estates Commission. He advised that there have been a number of queries from Charles regarding the hectarage currently being used for aquaculture in Lough Foyle. The Agency has been reluctant to supply this information as it will encourage CEC (Crown Estates Commission) to pursue a higher rent in Lough Foyle than the Department of Marine may agree.

The fact that the Dept Of Marine in Dublin was paying rent to the Crown Estate. This shows that the authorities recognise and accept ownership of the sea-bed by the Crown Estate.

A case of the fisherman prosecuting the Loughs Agency for his alleged illegal fishing of Wild Oysters on the sea-bed of Lough Foyle in 2007 has now reached the High Court in Dublin and the outcome in the near future will be eagerly studied by those who felt pressurised into paying a licence fee for what many fishermen consider a traditional fishing right.

To add further insult to injury the traditional Wild Oyster fishermen look on as Oysters are being harvested in large numbers on trestles on the shoreline of Lough Foyle by fishermen who are not burdened with a licence fee.

There is a feeling of unequal treatment and it is very understandable.

It is thought that the relevant authorities are awaiting the outcome of the high court case. They may be concerned that the prosecution of the shoreline fishermen using trestles on the seabed of Lough Foyle could be illegal.

It should be remembered that these foreshore oyster trestles are the fishermen's private property and they are located on the sea-bed belonging to the Crown Estates over which they have refused to grant licensing jurisdiction to the Loughs Agency.

Calls by various politicians to the Irish Government to 'sort out' the jurisdictional difficulties have resulted in the standard disingenuous reply: "it is a complicated process and negotiations are ongoing".

Any attempt to resolve the issue of licensing on the sea-bed of Lough Foyle without firstly taking into account it's ownership by the Crown Estates is putting the cart before the horse and is doomed to failure.

See Also.

➽ Enda Craig is spokesperson for Lough Foyle group, Community For A Clean Estuary.

The Importance Of The Ownership Of The Sea-Bed Of Lough Foyle

Enda Craig responds to Irish Water Statement on their boat obstruction on Lough Foyle on November 13th.

Skipper of the Crystal Dawn Liam O'Brien 
at Greencastle harbour.

In their statement Irish Water, instead of offering a comprehensive apology to the fishermen for being completely in the wrong, decide instead to issue a statement which is a totally disingenuous attempt to blacken the good name of the local fishermen.

The Skipper of the Crystal Dawn, Liam O'Brien, responding to the media statement from Irish Water in relation to an obstruction caused by their hired boat " James " on Thurs morning last at the fishing grounds at Carnagarve on Lough Foyle, comments:

... On approaching the oyster fishery at Carnagarve, on Lough Foyle I noticed a large vessel anchored on the fishing grounds and directly in the path of an oncoming fishing boat that was already engaged in dredging for oysters. .

I called this vessel on my VHF radio and asked him to identify himself and to state his intentions. He gave me his name, the name of the boat and that he was about to commence a survey on behalf of the Department of the Marine which would take twelve hours.

I told him that the DOM always gave the fishermen prior notification of an impending survey and then made agreed arrangements. It was then that he stated that in fact he had been hired in by Irish Water and NOT the Dept. I told him that he was anchored on a designated Native Oyster bed which fishermen were licensed to fish and totally obstructing our day's work which we had already planned and were entitled to carry out. I asked him to alter his position and pointed out several other locations for him to move to which would allow him to continue with his survey and also allow us to continue with our fishing .

To prove that it was actually a designated fishing ground and that we were properly licensed the skipper of the James asked if he could come aboard my boat to view the fishing ground on the boat's computer and to check my licence.

I agreed immediately, produced the boat's fishing license.

He asked if he could he take a photograph of the designated fishing grounds off the computer and I agreed.

He stated he had to be in this precise position only. I stated that we were legally entitled to be here and on the basis that he and Irish Water had not bothered to consult with the local fishermen then I felt, in the circumstances, he was obliged to give way. He accepted the overall position. He stated that he had not been made aware that this was a very important local fishery in that area.

He said they would now lift anchor, return to port and allow us continue, unobstructed, with our day's fishing.

I would also like to state that I contacted the Lough's Agency ( Statutory body in charge of the licensing of Oyster fishing in Lough Foyle ) as I became aware of obstruction being caused by this vessel on the designated Oyster bed.

I asked them to intervene. 

Unbelievably, they stated it was not their concern.
The Irish Water vessel, the James, obstructing the oyster fishing boats out of Greencastle.
⏭ Enda Craig is spokesperson Community For A Clean Estuary

Irish Water Boat Obstruction

Enda Craig keeps readers up to date on the latest threat to community life from Irish Water. 

Not alone is Irish Water's proposed Sewage Discharge Pipe threatening the Shorewalk, Bathing Waters and Beaches between Moville and Greencastle but also threatens the important local Fishery that exists in the vicinity of the discharge pipe as can be seen in this schematic graphic.


The prime Native Oyster's in the red box (108) were harvested in a single ' tow ' by a local fisherman in Oct .2018 giving the lie to the statement's that this is a dead area and of little consequence to local fishermen.

In truth the opposite is the reality.

The above graphic shows a thriving fishery with the various marine species in plentiful supply.

Add to that that the pipe will be gouged through a Sea-grass bed, an official Native Oyster bed. an area used for holding harvested Oysters and through an area on the edge of the shipping channel where the various marine species are in plentiful supply.

Local fishermen are at last recognising the threat to their livelihoods and will now let Irish Water and the Lough's Agency ( who seem to be displaying an unacceptable passive role ) that this lunacy will not be tolerated.


The Irish Water Bulldozer Is Halted In Its Tracks

John McCartney
Tue 06/08/2019 17:30

Enda

As discussed I have had communication from Irish Water by telephone following a series of discussions.

On behalf of Loughs Agency I have raised concerns about Oyster breeding in July / August on the Foyle and the potential for impact from drilling operations.

I also highlighted that concerns had been raised by political representatives, fishermen and others on issues with this operation.

Irish Water have assured me by telephone that the drilling operation will be suspended until they have had an opportunity to evaluate concerns raised.

If you become aware of any further developments please don’t hesitate to contact me.

Best wishes

John

John McCartney BSc. MSc. MRSB CBiol MIFM CEnv. LM

Director of Conservation and Protection
Loughs Agency
22 Victoria Road
Londonderry
Northern Ireland
BT47 2AB


Let There Be No Doubt About It

Let there be no doubt about it  - Irish Water suspended drilling operations because the local fishermen told them straight up that they would not stand idly by and watch their valuable fishery at Carnagarve on Lough Foyle being destroyed.

They were told the drilling rig would be blocked if they attempted to tow it to the proposed pipe site. The drilling crew were told that they were being used as a battering ram by Irish Water. They stated that they were unaware of the fishermen's concerns.

The total lack of manners and consultation by Irish Water with the fishermen highlighted the complete arrogance of an organisation that feels they can ride rough-shod with impunity over anyone and anything.

⏭Enda Craig is a community activist in Donegal.

Irish Water And The Threat To Lough Foyle Fishery

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