Anglers in Kilkenny are to seek a High Court injunction forcing Minister of State for the Marine Pat the Cope Gallagher to fix a defective fish pass, which is causing the death of thousands of salmon on the River Nore.
The Department of the Marine admitted last May that the fish pass, built on the Lacken weir, was too high for salmon to reach because water levels were too low.
The pass, which the department confirmed was the wrong type for the weir because of the low water levels, is part of a €48 million flood works scheme in Kilkenny city that has already cost four times its original estimate.
The Office of Public Works (OPW), which was responsible for commissioning the project, had said it would re-engineer the weir last September. However, this was abandoned due to "environmental constraints", it said.
Last month the OPW said it did not intend to redesign the weir until the middle of this year and in the meantime put a temporary wooden structure in place to assist the passage of salmon up the river to spawn.
However, local Fianna Fáil TD John McGuinness said the temporary solution had led to the death of even more fish. "The situation is worse than ever," he said.
The anglers and himself had been left with no choice but to take legal action against the Department of the Marine and the OPW.
"We are seeking the injunction to try to force the Minister to provide safe passage for the salmon," Mr McGuinness said.
The OPW said it had received a solicitor's letter about the weir, to which it would be responding. However, a spokesman said, the temporary structure was working successfully, with one fish passing upriver every 20 seconds.
