Fisheries Act, 1939
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Licence for export of salmon, etc., for sale. |
44.—(1) Subject to the provisions of this section, a board of conservators may under section 17 (which relates to the issue of licences for the sale of salmon and trout) of the Fisheries Act, 1925 (No. 32 of 1925), issue through its clerk to any person applying for the same a licence to export salmon and trout for sale from such place or places within the district of such board as shall be specified by the applicant, and sub-section (2) of the said section 17 and sections 19, 20 and 21 of the said Act shall apply to every such licence in like manner as those sections apply to a licence issued under the said section 17 for the sale of salmon and trout. | |
(2) Any person who carries on or is about to carry on the business of exporting salmon or trout for sale may apply to the Justice of the District Court in the Court District in which he carries on or intends to carry on such business for such certificate as is hereinafter mentioned and the Justice on being satisfied that such person is a fit and proper person to receive and hold a licence issued by virtue of this section for the export of salmon and trout for sale shall grant to such person a certificate in writing signed by the Justice that such person is a fit and proper person as aforesaid. | ||
(3) Every person applying to the clerk of a board of conservators for a licence for the export of salmon and trout for sale shall produce to the clerk a certificate granted under this section in respect of himself not more than one month previously, and the production of such certificate shall be a condition precedent to the issue of such licence. | ||
(4) It shall be the duty of every holder of a licence or of a renewal of a licence for the export of salmon or trout for sale issued by virtue of this section to keep or cause to be kept in every of the premises specified in such licence a register in the prescribed form of all exportations of salmon or trout for sale from such premises and, within three hours after every such exportation, to enter in such register the prescribed particulars (which shall not include the price paid to such holder for any salmon or trout exported by him) of such exportation and of the person to whom the same was made. | ||
(5) Every register kept in pursuance of this section may at any time during which the premises to which the register relates are open for the carrying on of business be inspected by any person authorised in that behalf by the Minister or by any member of the Gárda Síochána, and it shall be the duty of the licence-holder and of every person keeping such register to produce for the inspection of such person or member as aforesaid on demand such register and also all invoices, consignment notes, receipts and other documents (including copies thereof where the originals are not available) reasonably demanded by such person or member for the purpose of verifying any entry in or explaining any omission from such register. | ||
(6) If any holder of a licence issued under this Act for the export of salmon and trout— | ||
(a) fails to keep or cause to be kept such register as is required by this section, or | ||
(b) fails to make or cause to be made in such register within the time hereinbefore mentioned any entry required by this section to be made therein, or | ||
(c) fails to produce or cause to be produced on demand for the inspection of any person entitled under this section to inspect the same, any register, document, or copy of a document which he is required by this section so to produce, or obstructs any person entitled under this section to inspect any register, document or copy of a document in the making of such inspection, or | ||
(d) wilfully or negligently makes or causes to be made in such register any entry which is false or misleading in any material particular, | ||
he shall be guilty of an offence under this section and shall be liable on summary conviction thereof in the case of a first offence under this section to a fine not exceeding ten pounds, or in the case of a second or any subsequent offence under this section to a fine not exceeding twenty-five pounds. | ||
(7) For the purposes of this section— | ||
(a) inspection of a register or document shall include taking copies thereof or extracts therefrom, and | ||
(b) a demand for inspection of a register or other document shall be deemed to have been duly made to the licence-holder if such demand is made verbally on the premises of the licence-holder to any person in his employment, and | ||
(c) a refusal or failure to produce a register or other document for inspection if made or committed on the premises of the licence-holder by a person in his employment shall be deemed to have been made or committed by the licence-holder. | ||
(8) The Minister may make regulations in relation to any matter or thing referred to in section 19 of the Fisheries Act, 1925 , as applied by this section, or in this section as prescribed. |