S.I. No. 364/1948 - Shannon Fisheries (Closing of Free Gap) (No. 11) Order, 1948.


S.I. No. 364 of 1948.

SHANNON FISHERIES (CLOSING OF FREE GAP) (No. 11) ORDER, 1948.

WHEREAS it is enacted by sub-section (1) of Section 19 of the Shannon Fisheries Act, 1935 (No. 4 of 1935), that the Minister for Agriculture may, if he thinks fit, at any time by order authorise the Electricity Supply Board, for the purpose of acquiring statistical information and the purpose of carrying out scientific investigations or for either of these purposes, to close, at such times, during such periods and in such manner as he may specify in such order, the free gap in any specified weir in the waters of the Shannon Fisheries.

NOW I, JAMES M. DILLON, Minister for Agriculture, in exercise of the powers conferred on me by sub-section (1) of Section 19 of the Shannon Fisheries Act, 1935 (No. 4 of 1935), and of every and any other power me in this behalf enabling, do hereby order as follows, that is to say :—

1. This Order may be cited as the Shannon Fisheries (Closing of Free Gap) (No. 11) Order, 1948.

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order.

3. The Electricity Supply Board is hereby authorised for the purpose of acquiring statistical information, to close at all times, during the period commencing on the 1st day of January, 1949, and ending on the 30th day of July, 1949, the free gap in the fishing weir near Thomond Bridge in the City of Limerick constructed under Section 8 of the Shannon Fisheries Act, 1938 (No. 7 of 1938) by placing an iron grating across the said free gap, subject however to the following conditions that is to say :—

(a) In the period from the 1st day of January, 1949, until the 31st day of January, 1949, and in the period from the 20th day of July, 1949, until the 30th day of July, 1949, there shall be released upstream for breeding, immediately after a count thereof has been made, all fish taken in the traps or boxes of the said weir.

(b) During the weekly CLOSE season throughout the period from the 1st day of February, 1949, to the 19th day of July, 1949, there shall be released upstream for breeding, immediately after a count thereof has been made, all fish taken in the traps or boxes of the said weir.

(c) During the weeekly OPEN season throughout the period from the 1st day of February, 1949, to the 19th day of July, 1949, there shall be released upstream for breeding, from the traps or boxes of the said weir, a number of fish which together with the number of fish released during the weekly CLOSE season immediately preceding such such weekly OPEN season shall be not less than eighteen twenty-fifths of the total taken in the said traps or boxes during the entire of the seven days ending with such weekly OPEN season.

(d) The method of calculation to be adopted for the purpose of the immediately preceding condition shall be settled to the satisfaction of the Minister for Agriculture.

(e) The operation of the said weir during the currency of this Order shall be at all times open to supervision by such officer or officers as the Minister for Agriculture and the Limerick Board of Conservators may, respectively, appoint for such purpose,

GIVEN under my Official Seal this 22nd day of October, 1948.

(Signed) JAMES M. DILLON,

Minister for Agriculture.