S.I. No. 664/1935 - River Shannon Tidal Waters (Issue of Fishing Licences) Regulations, 1935.

STATUTORY RULES AND ORDERS. 1935. No. 664.

RIVER SHANNON TIDAL WATERS (ISSUE OF FISHING LICENCES) REGULATIONS, 1935.

WHEREAS it is enacted by Section 23 of the Shannon Fisheries Act, 1935 (No. 4 of 1935), that the number of licences for fishing with drift nets in the tidal waters of the River Shannon within the meaning of the Fisheries Acts, 1842 to 1925, which shall be issued under those Acts in the first year in which the open season for such fishing commences after the passing of the said Act or in any subsequent year shall not exceed seventy, and that the number of licences for fishing with draft nets or seines in the said waters which shall be issued under the said Acts in any such year shall not exceed twenty-five, and that the Minister for Agriculture may make regulations in relation to the issue of such licences for the purpose of securing to persons who held such licences in the year 1934 a preferential right to purchase such licences before the commencement of the open season for fishing under such licences in any year in which the number of such licences is limited by the said Act :

AND WHEREAS the said Shannon Fisheries Act, 1935 , was passed on the 19th day of February, 1935, and accordingly the first year in which the open season for fishing with nets in the tidal waters of the River Shannon commences after the passing of that Act will be the year 1936 :

NOW, I, SEAMAS O RIAIN, Minister for Agriculture, in exercise of the powers conferred on me by Section 23 of the Shannon Fisheries Act, 1935 (No. 4 of 1935), and of every and any other power me in this behalf enabling, do hereby make the following regulations :—

1. These Regulations may be cited as the River Shannon Tidal Waters (Issue of Fishing Licences) Regulations, 1935.

2. The Interpretation Act, 1923 (No. 46 of 1923), applies to the interpretation of these Regulations in like manner as it applies to the interpretation of an Act of the Oireachtas.

3. —(1) Any person to whom a licence for fishing with a drift net in the electoral division A of the No. 8 or Limerick District was issued for the year 1934 and who used a drift net under such licence in that part of the said electoral division A which is within or to the eastward of the defined mouth of the River Shannon shall, on applying on or before the 31st day of January in the year 1936 or any subsequent year to a duly appointed licence distributor for the said No. 8 or Limerick District for a licence to fish with a drift net in the said electoral division A in such year, be entitled to receive from such licence distributor the licence so applied for.

(2) Any person to whom a licence for fishing with a drift net in the electoral division B of the No. 8 or Limerick District was issued in and for the year 1934 shall, on applying on or before the 31st day of January in the year 1936 or any subsequent year to a duly appointed licence distributor for the said No. 8 or Limerick District for a licence to fish with a drift net in the said electoral division B in such year, be entitled to receive from such licence distributor the licence so applied for.

(3) If in the year 1936 or any subsequent year less than seventy licences to fish with a drift net in the electoral division A or in the electoral division B of the No. 8 or Limerick District (exclusive of licences in respect of a drift net which is intended to be used only outside or to the westward of the defined mouth of the River Shannon) in such year have been issued before the 1st day of February in such year, then and in such case any person who applies, on or after the 1st day of February in such year, to a duly appointed licence distributor for the said No. 8 or Limerick District for a licence to fish with a drift net in the said electoral division A or the said electoral division B (as the case may be) in such year shall be entitled to receive from such licence distributor the licence so applied for if, but only if, at the time when such application is received by or made to such licence distributor less than seventy licences to fish with a drift net in the said electoral division A or in the said electoral division B (exclusive of licences in respect of a drift net which is intended to be used only outside or to the westward of the River Shannon) in such year have already been issued or applied for.

(4) Where an application for a licence to fish with a drift net—

(a) is made before the 1st day of February in the year 1936, or any subsequent year, and

(b) neither sub-paragraph (1) nor sub-paragraph (2) of this paragraph applies to such application, and

(c) sub-paragraph (3) of this paragraph would apply to such application if it had been made on or after the 1st day of February in such year,

such application shall be deemed, for the purposes of these Regulations, to have been made on the said 1st day of February, and the licence distributor to whom such application is so made shall retain such application until the said 1st day of February and shall then deal with it as if it had been received by him at the beginning of that day.

(5) A licence to fish with a drift net shall not be deemed to have been applied for within the meaning of this paragraph unless the appropriate licence duty on such licence was sent or paid to the licence distributor with or at the time of making such application, and all references in this paragraph to applications for such licences shall be construed accordingly.

4. —(1) Any person to whom a licence for fishing with a draft net in the electoral division B of the No. 8 or Limerick District was issued for the year 1934 shall, on applying on or before the 31st dayof January in the year 1936 or any subsequent year to a duly appointed licence distributor for the said No. 8 or Limerick District for a licence to fish with a draft net in the said electoral division B in such year, be entitled to receive from such licence distributor the licence so applied for.

(2) If in the year 1936 or any subsequent year less than twenty-five licences to fish with a draftnet in the electoral division B of the No. 8 or Limerick District in such year have been issued before the 1st day of February in such year, then and in such case any person who applies, on or after the 1st day of February in such year, to a duly appointed licence distributor for the said No. 8 or Limerick District for a licence to fish with a draft net in the said electoral division B in such year shall be entitled to receive from such licence distributor the licence so applied for if, but only if, at the time when such application is received by or made to such licence distributor less than twenty-five licences to fish with a draftnet in the said electoral division B in such year have already been issued or applied for.

(3) Where an application for a licence to fish with a draft net—

(a) is made before the 1st day of February in the year 1936 or any subsequent year, and

(b) sub-paragraph (1) of this paragraph does not apply to such application, and

(c) sub-paragraph (2) of this paragraph would apply to such application if it had been made on or after the 1st day of February in such year,

such application shall be deemed, for the purposes of these Regulations, to have been made on the said 1st day of February, and the licence distributor to whom such application is so made shall retain such application until the said 1st day of February and shall then deal with it as if it had been received by him at the beginning of that day.

(4) A licence to fish with a draft net shall not be deemed to have been applied for within the meaning of this paragraph unless the appropriate licence duty on such licence was sent or paid to the licence distributor with or at the time of making such application, and all references in this paragraph to applications for such licences shall be construed accordingly.

5. Where two or more applications for a licence to fish with a drift net or for a licence to fish with a draft net are received by or made to a duly appointed licence distributor at the same time and it is necessary for the purposes of these Regulations to determine the order in which such applications were so received or made, the following provisions shall have effect, that is to say :—

(a) an application from or by a person who is resident in the electoral division to which such application relates shall be deemed to have been made before an application from or by a person not so resident ;

(b) as between applications from or by persons resident in such electoral division, an application from or by a person who held a licence to fish with a net (whether a drift net, a draft net, or a snap net) in the said electoral division in the year 1934 shall be deemed to be made before an application from or by a person who did not hold any such licence ;

(c) as between applications the priorities of which are not fixed by the preceding sub-paragraphs of this paragraph, an application from or by a person who proves to the satisfaction of the licence distributor that he is or was at any time previously employed as a working fisherman on the tidal waters of the River Shannon shall be deemed to have been received or made before an application from or by a person who is not and never was so employed.

6. Every doubt, question, or dispute in relation to the respective priorities under these Regulations of two or more applications for licences shall be determined by the Board of Conservators of the No. 8 or Limerick District whose decision shall be final.

Given under my Seal of Office, this Fifth day of December, 1935.

(Signed) SÉAMAS O RIAIN,

Minister for Agriculture.