Fisheries (Consolidation) Act, 1959
|
FIFTH SCHEDULE. Bye-laws Fixing Close Season for Molluscs (other than Oysters). Bye-Laws Altering Annual Close Seasons for Salmon and Trout, Pollen and Eels, Close Season for Oysters, and Molluscs (Other Than Oysters), and Bye-Laws Under Sections 272 and 284. | ||
Sections 126 (2), 137 (1) (d), 138 (1) (d), 148 (2), 151 (2), 271 (2), 272 (2), 283 (2), 284 (2). | ||
Bye-laws fixing close season for molluscs (other than oysters). | ||
1. Where the Minister proposes to make a bye-law under section 283 in relation to a particular locality prohibiting during a specified period or periods in each year the taking or attempting to take molluscs (other than oysters) of a particular kind from that locality or the having possession or custody of or the sale or attempted sale of molluscs (other than oysters) of that kind taken from that locality— | ||
(a) the Minister shall appoint an officer of the Minister to hold an inquiry (notice of the holding whereof shall be given in accordance with section 322) into, and to report to him on, the feasibility of making the bye-law, | ||
(b) after consideration of such report, the Minister may, subject to the provisions of this Act, make, in respect of molluscs (other than oysters) of that kind, a bye-law under section 283 in relation to that locality. | ||
Bye-laws altering annual close seasons for salmon, trout, pollen and eels and close seasons for oysters and molluscs (other than oysters). | ||
2. (1) Where— | ||
(a) an application is made by any interested person to the Minister to have an inquiry held into the feasibility of altering the period which is in any locality the annual close season for salmon and trout, the annual close season for angling for salmon, the annual close season for angling for trout, the annual close season for pollen, the annual close season for eels, the close season for oysters, or the close season for molluscs (other than oysters) of a particular kind, and | ||
(b) such period (unless it is the annual close season for pollen) was fixed not less than three years previously, and | ||
(c) the applicant, if so required by the Minister, deposits with the Minister such sum as will, in the opinion of the Minister, be sufficient to defray the expenses incurred by the Minister in relation to the inquiry and proceedings consequent thereon, | ||
the following provisions shall have effect— | ||
(i) the Minister shall appoint an officer of the Minister to hold an inquiry (notice of the holding whereof shall be given in accordance with section 322) and to report to him on the application, | ||
(ii) after consideration of the report, the Minister, if he thinks fit, may, subject to the provisions of this Act, make a bye-law fixing a new period in lieu of the existing period. | ||
(2) The period to be fixed by any bye-law made under subparagraph (1) of this paragraph fixing the annual close season for salmon and trout shall not in any case be less than one hundred and sixty-eight days. | ||
(3) The period to be fixed by any bye-law made under subparagraph (1) of this paragraph fixing the annual close season for angling for salmon shall not in any case be less than ninety-two days and shall include the October close period for angling. | ||
(4) The period to be fixed by any bye-law made under subparagraph (1) of this paragraph fixing the annual close season for angling for trout shall include the October close period for angling. | ||
(5) The period to be fixed by any bye-law under subparagraph (1) of this paragraph fixing the annual close season for pollen shall include the period commencing on the 1st day of November in any year and ending on the next following 31st day of January. | ||
Bye-laws under section 272. | ||
3. Where— | ||
(a) an application is made by any person interested in an oyster fishery in a particular locality to the Minister to have an inquiry held into the feasibility of making a bye-law under section 272 in relation to that locality prohibiting during a period the dredging for, or the taking, catching or destroying of any oysters or oyster brood in that locality, and | ||
(b) the applicant, if so required by the Minister, deposits with the Minister such sum as will in the opinion of the Minister be sufficient to defray the expenses to be incurred by the Minister in relation to the inquiry and proceedings consequent thereon, | ||
the following provisions shall have effect— | ||
(i) the Minister shall appoint an officer of the Minister to hold such inquiry (notice of the holding whereof shall be given in accordance with section 322) and to report to him on the application, | ||
(ii) after consideration of such report, the Minister may, subject to the provisions of this Act make a bye-law under section 272 in relation to that locality. | ||
Bye-laws under section 284. | ||
4. (1) Where— | ||
(a) an application is made by any interested person to the Minister to have an inquiry held into the feasibility of making a bye-law under section 284 in relation to a particular locality, prohibiting during a specified period the taking or attempted taking of molluscs (other than oysters) of a particular kind from that locality, and | ||
(b) the applicant, if so required by the Minister, deposits with the Minister such sum as will in the opinion of the Minister be sufficient to defray the expenses to be incurred by the Minister in relation to the inquiry and proceedings consequent thereon, | ||
the following provisions shall have effect— | ||
(i) the Minister shall appoint an officer of the Minister to hold such inquiry (notice of the holding whereof shall be given in accordance with section 322) and to report to him on the application, | ||
(ii) after consideration of such report, the Minister may, subject to the provisions of this Act, make, in respect of molluscs (other than oysters) of that kind, a bye-law under section 284 in relation to that locality. | ||
(2) Where the Minister proposes to make on his own motion a bye-law under section 284 in relation to a particular locality prohibiting during a specified period the taking or attempted taking of molluscs (other than oysters) of a particular kind from that locality— | ||
(a) the Minister shall appoint an officer of the Minister to hold an inquiry (notice of the holding whereof shall be given in accordance with section 322) into, and to report to him on, the feasibility of making the bye-law, | ||
(b) after consideration of such report, the Minister may, subject to the provisions of this Act, make, in respect of molluscs (other than oysters) of that kind, a bye-law under section 284 in relation to that locality. | ||
Expenses of inquiries under paragraphs 2, 3, and 4 (1). | ||
5. (1) The following provisions shall apply in relation to the expenses incurred by the Minister in relation to an inquiry held under paragraph 2, or 3 or subparagraph (1) of paragraph 4 of this Schedule, or proceedings consequent thereon— | ||
(a) subject to this subparagraph, the said expenses shall be paid out of moneys provided by the Oireaehtas, | ||
(b) if, after the holding of the inquiry, the Minister is of opinion that the application therefor ought not to have been made, he may order that the said expenses or such part thereof as he may determine shall be defrayed by the applicant and in such case any money lodged under paragraph 2 or 3 or subparagraph (1) of paragraph 4 of this Schedule by the applicant shall be applied for the purpose of defraying the same, and, if the sum so deposited is not sufficient or if no money has been lodged under the said paragraph 2 or 3 or subparagraph (1) of paragraph 4 then the balance or the full amount as the case may be of the expenses ordered to be defrayed by the applicant shall be paid by him and may be recovered from him as a simple contract debt in any court of competent jurisdiction. | ||
(2) Any moneys deposited under paragraph 2 or 3 or subparagraph (1) of paragraph 4 of this Schedule which has not been applied in accordance with subparagraph (1) of this paragraph shall be paid to the person by whom it was deposited. |