Fisheries (Consolidation) Act, 1959
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Interpretation generally. |
3.—(1) In this Act— | |
references to angling for salmon or trout shall be construed as references to angling for salmon or trout with rod and line; | ||
the expression “the annual close season for angling for salmon” has the meaning assigned to it by subsection (1) of section 137; | ||
the expression “the annual close season for angling for trout” has the meaning assigned to it by subsection (1) of section 138; | ||
the expression “the annual close season for eels” has the meaning assigned to it by section 151; | ||
the expression “the annual close season for pollen” has the meaning assigned to it by section 148; | ||
the expression “the annual close season for salmon and trout” has the meaning assigned to it by section 126; | ||
the expression “bag net” includes a fixed engine of similar construction to a bag net; | ||
the word “bay” includes any harbour or roadstead; | ||
the word “boat” includes barge, cot, curragh or other vessel; | ||
the word “box”, in relation to a fishing weir or a fishing mill dam, includes a crib or cruive; | ||
the expression “close season for oysters” has the meaning assigned to it by subsection (1) of section 271; | ||
the word “dam” means (except in section 115) dam, weir, dyke, sluice, embankment or other structure built or placed in or in connection with any river for or in connection with the sustaining of water for any purpose; | ||
the word “day-time” means the period between sunrise and sunset; | ||
the expression “deleterious matter” means any substance (including an explosive) which, on entry or discharge into any waters, is liable to render the waters poisonous or injurious to fish, spawning grounds or the food of any fish; | ||
the expression “District Justice” means a Justice of the District Court; | ||
the expression “draft net” includes a seine; | ||
the word “eel” includes the fry and young of eels, commonly called elvers; | ||
the expression “election year” means the year 1961 and every third successive year thereafter; | ||
the expression “electoral division” means waters declared by subsection (2) of section 19 to be an electoral division for the purposes of this Act; | ||
the word “estuary” includes any harbour or roadstead; | ||
the word “fish” includes all crustaceans and molluscs found in the sea, and brood and spawn of fish, and references to a fish shall be construed as including references to part of that fish; | ||
the expression “fish pass” means a channel for the free run or migration of fish in, over or in connection with an obstruction in a river, lake or watercourse and includes a fish ladder or any other contrivance which facilitates the passage of fish; | ||
the expression “fishery district” means an area declared by subsection (1) of section 19 to be a fishery district for the purposes of this Act; | ||
the expression “fishery rate” means a rate— | ||
(a) struck by a board of conservators and confirmed by the Minister under section 55, or | ||
(b) struck by the Minister under the said section; | ||
the expression “fishery year” means the period of twelve months commencing on the 1st day of October in any year; | ||
the expression “fishing engine” means any engine, net or other instrument whatsoever capable of being used for the taking of fish; | ||
the expression “fishing licence”, when used without qualification, means a licence being either— | ||
(a) an ordinary fishing licence, or | ||
(b) a special local licence; | ||
the expression “fishing mill dam” means a dam used or intended to be used partly for the purpose of taking or facilitating the taking of fish and partly for the purpose of sustaining water for milling or other purposes; | ||
the expression “fishing weir” means any erection, structure or obstruction, which— | ||
(a) is fixed to the soil across or partly across a river, | ||
(b) is used solely for the purpose of taking or facilitating the taking of fish, | ||
(c) incorporates one or more openings wherein fish may be taken, and | ||
(d) is not a head weir; | ||
the expression “fixed engine” means any engine, being— | ||
(a) a stake net, or | ||
(b) a bag net, or | ||
(c) a fixed draft net, or | ||
(d) a head weir, or | ||
(e) any net, implement, engine or device, fixed to the soil or secured by anchors or held by hand or made stationary in any other way and used solely for the purpose of taking or facilitating the taking of fish, not being a fishing weir or a fishing mill dam; | ||
the expression “free gap” means a free gap in a fishing weir in accordance with section 107; | ||
the expression “head weir” means the fixed engine commonly called a head weir or an ebb and flow weir; | ||
the word “heck” means a grating mounted at the upstream end of a box in a fishing weir or fishing mill dam and so constructed as to prevent the passage of fish without obstructing the flow of water; | ||
the word “inscales” means a pair of gratings mounted at the downstream end of a box in a fishing weir or fishing mill dam and converging towards the centre in the upstream direction to form between the upstream ends a vertical gap, the effect of the arrangement being to permit the passage of fish into the box and hinder their escape therefrom; | ||
the expression “lawful fishing engine” means any fishing engine the use of which (except during particular times, in particular places or in a particular manner) is not prohibited by this Act or any bye-law made thereunder; | ||
the expression “licence duty” means— | ||
(a) in relation to an ordinary fishing licence, the licence duty payable for such licence, | ||
(b) in relation to a special local licence, in respect of special tidal waters, the special local licence duty payable for such licence; | ||
the expression “the Minister” means the Minister for Lands; | ||
references to the mouth of a river shall be construed as references to the mouth of that river as defined by an order under section 10; | ||
the expression “non-scheduled engine” means an engine of a kind not specified in the Fourth Schedule to this Act; | ||
the expression “the October close period for angling” means the period commencing on the 13th day of October and ending on the 31st day of that month; | ||
the expression “offence under any provision of this Act” means an offence under any section or subsection of this Act or any instrument made thereunder; | ||
the expression “offence under the repealed enactments” includes an offence against any instrument made under the repealed enactments; | ||
the expression “officer of the Minister” includes a servant of the Minister; | ||
the expression “the operative date” means the 1st day of October, 1959; | ||
the expression “ordinary fishing licence” means a fishing licence granted under Chapter I of Part VI; | ||
the expression “ordinary licence duty” means the duty payable under Chapter I of Part VI for an ordinary fishing licence; | ||
the word “owner” means any person who is in the actual possession or use and enjoyment of any land or fishery (as the case may be); | ||
the expression “oyster fishing licence” means a fishing licence granted under Chapter VI of Part XIV; | ||
the word “prescribed” means prescribed by regulations made by the Minister under this Act; | ||
the expression “the repealed enactments” means the enactments repealed by this Act; | ||
the word “rivers” includes tributaries of rivers and all other streams and watercourses; | ||
the expression “rod and line” means a single rod and line; | ||
the word “salmon” includes all fish of the salmon species, sea trout and the spawn and fry thereof; | ||
the expression “salmon river” means any river frequented by salmon; | ||
the expression “salmon rod licence” means a licence to fish with rod and line for salmon; | ||
the expression “salmon rod ordinary licence” means an ordinary fishing licence to fish with rod and line for salmon; | ||
the expression “salmon rod (annual) ordinary licence” means a salmon rod ordinary licence which is valid for a period of one year and is available for use in every fishery district; | ||
the expression “salmon rod (annual) (district) ordinary licence” means a salmon rod ordinary licence which is valid for a period of one year and is available for use in the fishery district of the board of conservators by which it was issued and in no other fishery district; | ||
the expression “salmon rod (Foyle Area) licence” means a salmon rod licence issued in pursuance of regulations made under the Foyle Fisheries Act, 1952 (No. 5 of 1952), which is valid for a year; | ||
the expression “salmon rod (late season) ordinary licence” means a salmon rod ordinary licence which is valid for a period of six months commencing on a first day of July and is available for use in every fishery district; | ||
the expression “salmon rod (late season) (district) ordinary licence” means a salmon rod ordinary licence which is valid for a period of six months commencing on a first day of July and is available for use in the fishery district of the board of conservators by which it was issued and in no other fishery district; | ||
the expression “salmon rod (seven day) ordinary licence” means a salmon rod ordinary licence which is valid for a period of seven days; | ||
the expression “salmon rod (twenty-one day) ordinary licence” means a salmon rod ordinary licence which is valid for a period of twenty-one days; | ||
the expression “scheduled engine” means any engine of a kind specified in the Fourth Schedule to this Act; | ||
the expression “scheduled trout waters” means any river or lake or portion thereof declared by an order, made under section 79 and for the time being in force, to be scheduled trout waters for the purposes of this Act; | ||
the expression “sea fisheries protection officer” means a person declared by section 220 to be a sea fisheries protection officer; | ||
the expression “several fishery” means any fishery lawfully enjoyed as such under any title whatsoever, being a good and valid title at law, exclusively of the public by any person, whether in navigable waters or in waters not navigable, and whether the soil covered by such waters be vested in such person or in any other person; | ||
the expression “special local licence” means a licence granted under section 74 in respect of special tidal waters; | ||
the expression “special local licence duty” means the duty payable under section 74 for a special local licence granted in respect of special tidal waters; | ||
the expression “special tidal waters” means any tidal waters in respect of which an order, made under section 7, is for the time being in force; | ||
the expression “stake net” includes a stake weir and any fixed engine of similar construction to a stake net; | ||
the word “trout”, when used without any qualification includes— | ||
(a) all fish of the brown trout kind, | ||
(b) save in Part IX pollen or freshwater herring, and | ||
(c) any spawn or fry of a trout, | ||
but does not include sea trout; | ||
the expression “trout rod (general) licence” means a licence to fish for trout with a rod and line issued under subsection (1) of section 83; | ||
the expression “trout rod (juvenile) licence” means a licence to fish for trout with a rod and line issued under subsection (3) of section 83; | ||
the expression “trout rod licence” means a licence being— | ||
(a) a trout rod (general) licence, or | ||
(b) a trout rod (riparian owner) licence, or | ||
(c) a trout rod (juvenile) licence; | ||
the expression “trout rod (riparian owner) licence” means a licence issued under subsection (2) of section 83; | ||
the expression “unlawful fishing engine” means a fishing engine which is not a lawful fishing engine; | ||
the expression “unseasonable salmon or trout” means any salmon or trout which is about to spawn, or which has spawned and has not recovered from spawning; | ||
the expression “vested (Part XII) fishery” means a fishery which is either— | ||
(a) vested in the Minister under Chapter II of Part XII, or | ||
(b) transferred to the Minister under Chapter III of Part XII; | ||
the word “waste” includes all uncultivated or unprofitable lands; | ||
the word “waters” means any river, lake, watercourse, estuary or any part of the sea; | ||
the expression “weekly close time” has the meaning assigned to it by section 139. | ||
(2) In this Act— | ||
(a) a reference by number to a Part or section is to the Part or section of this Act bearing that number unless it is indicated that reference to some other Act is intended, | ||
(b) references to any bye-law, order or regulation made under this Act shall be construed as including references to any bye-law, order or regulation deemed by section 10 or section 334 to have been made under this Act. | ||
(3) In this Act references to any enactment shall be construed as references to that enactment as amended by any subsequent enactment. |