A Kinsale-based inshore fisherman has been convicted in the district court on two counts of not immediately releasing lobster back into the sea that should not have been kept.

Eamonn O’Neill with an address at the High Ground, Cappagh, Kinsale, Co Cork, pleaded guilty to one count of not returning undersized lobster (with a carapace length of less than 87mm) and one count of not returning mutilated lobster contrary to EU fishery conservation laws.

The case was taken by the Director of Public Prosecutions following investigations by the Sea-Fisheries Protection Authority (SFPA).

Giving evidence, SFPA officer Virginia Valls-Senties told the court that she was on a routine patrol with a colleague near Kinsale on a rigid inflatable (RIB) patrol vessel on July 16, 2025. They came upon a lobster keep, a seabed container used to hold live lobsters temporarily after they are caught until they are collected later.

They lifted the keep aboard the RIB and found 64 lobsters inside. Ms Valls-Senties said 10 of the lobsters were undersized and should not have been caught. A further four lobsters were “mutilated” meaning their tails had been marked with a “V notch” or marked in another way usually indicating that the animals were reproductive females and also should not be caught.

Ms Valls-Senties said the 14 lobsters should all have been released immediately by the fisherman when they were found in hauled pots and not placed in the keep for later collection. 

Ms Valls-Senties said it was important that the rules were observed by lobster fishers to maintain stocks. She added that the notching or mutilating of tails to help identify females was a voluntary practice which fishers observed to try to help support the local industry.

Plunkett Taaffe, defending, said his client was a well-known and well-respected member of the fishing community in Kinsale and a former harbourmaster in the town. He said O’Neill had brought a French couple who where visiting the area out on the boat with him and he had allowed them to grade some of the lobster from the catch.

Mr Taaffe said some lobsters were placed into the keep mistakenly and O’Neill accepted it was his responsibility. The court was told it was “entirely inadvertent” that the lobsters had gone into the keep, was not for commercial gain and O’Neill was fully co-operative with the SFPA and apologised for what had happened.

State solicitor Jerry Healy said the State accepted there was a French couple but said it was “a concern” because the notching of lobster was a voluntary practice and taking such animals from the water was “very unfair on others”. 

He said O’Neill was “a long time fishing” and knew specific legislation was put in place to protect lobster stocks.

The court was told that O’Neill had no previous convictions but had undertaken voluntary service relating to a similar charge in 2015. Mr Taaffe said his client was regularly inspected and remained vigilant about obeying the rules.

Judge Joanne Carroll said “we all need to remain vigilant” at work and noted that O’Neill had previously undertaken voluntary service in relation to a similar charge. O’Neill was convicted on both counts and fined a total of €725 and given four months to pay the fines.

Funded by the Courts Reporting Scheme.

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