Article by; Liam O'Brien ( Skipper of the Crystal Dawn )
Enda Craig ( Local Environmentalist )
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. 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 licence 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.
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)
Unfortunately, it now seems that these same mentioned traditional fishing rights will no longer be respected as both the Irish and UK Government's plan to take over and licence 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 licence will instead be demanded, under threat of prosecution by the Loughs agency acting on behalf of the Irish and UK Government's should their takeover be successful. Unbelievably the licence 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 recognises and accepts 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 licence which had been heretofore a traditional right and available to the local community. The Foyle Fisheries Commission would now licence 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.
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.”
Source: http://savethefoyle.com/wp-content/uploads/2016/11/crown-estates.pdf. 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 licence 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 attempt 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.
Skipper Liam O'Brien watching over A Fine Catch Of Traditional Lough Foyle Herrings At Greencastle Harbour (November 2020)
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.
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.