Inadequate State response to fish kill resulted in lack of evidence, committee hears  

The Oireachtas committee on climate, environment, and energy heard from a series of witnesses

An inter-agency report published last week revealed that a cause for the August 11 fish kill in the River Blackwater could not be established. Picture: Facebook/Conor Arnold

The response of State bodies to the River Blackwater fish kill has resulted in a lack of evidence, which has made an appropriate prosecution very difficult, an Oireachtas committee has been told.

A session of the Oireachtas committee on climate, environment, and energy on Tuesday evening heard from a series of witnesses, including Killavullen Angling Club chairman Conor Arnold.

Mr Arnold has an angling centre on the Blackwater, where he teaches fly-casting. He also runs a day ticket salmon fishery on the river.

He told the committee that there “was no procedural advice for river users or indeed the public with regard to health and safety or disinfection protocols from the secondary fungal infection” in the Blackwater as a result of the kill.

Ultimately, the time lost plus the State bodies’ complete inability to observe international best practices during their investigations has resulted in a lack of evidence which has made an appropriate prosecution very difficult.”

He called for a number of actions to be taken, including:

• Constant water quality monitors to be strategically placed into the river, but paid for by every discharge facility as part of their EPA licence criteria;

• A fish counter installed in the lower reaches of the river to monitor returning migratory species;

• The removal of all commercial netting;

• Increased fines and other stringent stipulations on all facilities that discharge into the River Blackwater;

An inter-agency report published last week revealed that a cause for the August 11 fish kill could not be established.

The report outlined that there was no evidence of a chronic water quality issue either before or after the kill. It also concluded that there was no evidence of a systemic disease in the dead fish, with the likelihood being that a waterborne agent had likely entered the water three days before the kill before dissipating quickly.

This was echoed by Barry Fox, the deputy CEO of waterways regulator Inland Fisheries Ireland (IFI), who said it may have occurred “72 hours previous” to September 11, adding that the “plume would have disappeared out of the system by that stage”.

Earlier, Mr Fox told the hearing: “Within the Munster Blackwater catchment, IFI has successfully closed 18 environmental prosecutions since 2019, addressing critical issues such as deleterious discharges and damage to spawning habitats. At present, three prosecutions remain pending in this catchment, involving similar serious offences.” 

He also said: “Between August 11 and September 8, IFI conducted over 200 habitat inspections at 47 sites, collecting samples submitted to the Marine Institute, the competent authority for fish health for bacteriological, virological, and histological testing.

"IFI also undertook independent analyses for approximately 900 chemicals, ammonium compounds, and heavy metals. Throughout the investigation, IFI pursued multiple public reports, including allegations of illegal land-spreading upstream of the affected area, suspicious activities near Roskeen Bridge (in cooperation with An Garda Síochána), and illegal waste disposal.” 

Acting director of services at Cork County Council, Ger Barry, told TDs and senators: “Between August 12 and September 5, a total of 20 complaints have been received from members of the public in respect of this incident. All complaints were triaged and assigned for inspection where deemed appropriate. Arising from the investigation of these complaints, no causal link to the fish kill was found.”