Fishermen seek to protect Liffey fishing rights

A number of drift-net fishermen from Ringsend in Dublin are seeking a High Court injunction restraining the Dublin Port and Docks…

A number of drift-net fishermen from Ringsend in Dublin are seeking a High Court injunction restraining the Dublin Port and Docks Board from allegedly interfering with their rights to fish in the River Liffey.

Mr Turlough O'Donnell SC, for the 14 fishermen, said the tradition of salmon fishing in Ringsend was an extremely long one. In the case of one of his clients, Mr Anthony Pullen, his great, great grandfather had fished there as far back as 1830 and the fishermen concerned had a long tradition in salmon fishing.

The fishermen claim they hold licences issued by the Eastern Regional Fisheries Board that permit salmon fishing by drift-net in the Dublin Fishery District, which includes the Liffey.

They claim the board has consistently removed lawfully placed drift-nets from the Liffey, as a result of which they have suffered, and continue to suffer, loss and damage.

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They claim the board instructed them to stake their nets but, on following those directions, they were subjected to prosecutions and convicted of criminal offences, incurring fines as well as legal expenses.

They further claim that the board had told them they were not entitled to fish the Liffey, despite the fact that they hold licences entitling them to do so.

The fishermen say their right to earn a living has been taken away from them as a result and allege that the Port and Docks Board had encouraged the development of the Dublin Port to the detriment of the plaintiffs.

Mr O'Donnell said the sides had attempted to resolve their problems but that there was no apparent compromise or softening of the defendant's attitude. All fishing had effectively ceased since 1994, except for some sporadic fishing by some of the plaintiffs.

Mr Patrick Dent (73), said he had left school at 12 years of age and had gone salmon fishing from 10 years of age with his father. He bought his own boat when he was 18 and got a licence. His own son went fishing with him at 14 years of age.

He gave up fishing eight or nine years ago. At that time, it was possible to make about £7,000 or £8,000 a year from salmon fishing. He had also been a casual docker for about 37 years.

He said the Port and Docks Board had threatened them and told them they would have to fish out in the bay. This was impossible because they would be putting their lives at risk in a small boat.

"I decided to call it a day," he said.

Mr Mel Christle SC, for the Dublin Port and Docks Board, said his client denied there had been a blanket ban against the drift-net fishermen and said there would be evidence to prove this.

He said the fishermen had the right to fish between Red Island, Skerries and Wicklow Head and all the rivers and tributaries flowing between those points.

The board denies interfering with the rights of the plaintiffs to fish for salmon by means of a drift-net in the manner alleged and also denies that it removed drift-nets from the Liffey belonging to the fishermen.

If the nets had been removed, this would have been justified by the board's powers under the Harbour Act, 1946, it was pleaded.

The hearing continues today before Ms Justice Carroll.