Fisheries (Consolidation) Act, 1959

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Restrictions on issue of licences for nets for fishing in certain fisheries.

89.—(1) The Minister may, in respect of any public fishery, do by order the following things:—

(a) declare that such period (being not less than three years and not more than ten years) as the Minister thinks proper and specifies in such order shall be the appointed period for the purposes of such order;

(b) prohibit the issue of licences for any kind of nets for fishing in such fishery other than nets of a kind lawfully used for fishing in such fishery during the standard year;

(c) in respect of nets of each kind lawfully used for fishing in such fishery during the standard year—

(i) fix the maximum number of licences for nets of that kind which may be issued for fishing in such fishery during each of the years (other than the last year) falling within the appointed period, and may so fix different numbers in respect of all or any one or more of such years, subject however to the limitation that the number so fixed shall be not more than one hundred per cent and not less than fifty per cent of the number of licences for nets of that kind issued for fishing in such fishery during the standard year.

(ii) fix the maximum number of licences for nets of that kind which may be issued for fishing in such fishery during the last year of the appointed period and each year commencing after the expiration of the appointed period, and may fix different numbers in respect of all or any one or more of such years, subject however to the limitation that the number so fixed shall be not more than eighty per cent and not less than fifty per cent of the number of licences for nets of that kind issued for fishing in such fishery during the standard year,

(iii) prohibit the issue of a number of licences for nets of that kind for any year in excess of the maximum number so fixed for that year,

(iv) prohibit the issue to any one person of more than one licence for a net of that kind for any year;

(d) appoint a day preceding each year which is to be the last day for making applications for licences for nets for fishing in such fishery during such year.

(2) Where an order has been made by the Minister under subsection (1) of this section in relation to any public fishery, the following provisions shall have effect in relation to the issue of licences for each kind of net (being nets of a kind the issue of licences in respect of which is not prohibited by such order) for fishing in such fishery for each year to which such order relates:—

(a) no licence for a net of that kind for fishing in such fishery during such year shall be issued to any person unless an application has been made therefor not later than the date (in this subsection referred to as the last day for making applications) fixed by such order as the last day for making applications for licences for nets for fishing in such fishery during that year;

(b) no person shall be entitled to apply for more than one licence for that kind of net for fishing in such fishery during that year, and if any person applies for more than one such licence, such application shall be treated as an application for one such licence only;

(c) if the number of applications for licences for that kind of net for fishing in such fishery during such year duly made by persons (in this subsection referred to as preferred persons) who either—

(i) held licences for nets of that kind for fishing in such fishery during the standard year and were actually engaged in fishing under such licences in the standard year, or

(ii) were, during the whole or substantially the whole of each of the three fishing seasons immediately preceding the last day for making applications, constantly and regularly employed in fishing in such fishery,

equals the maximum number of licences of that kind specified in such order for such year, then no such licences shall be granted to any persons other than preferred persons;

(d) if the number of applications duly made by preferred persons for licences for that kind of net for fishing in such fishery during that year exceeds the said maximum number—

(i) no such licences shall be granted to any persons other than preferred persons;

(ii) such licences shall be issued amongst the said preferred persons in such manner as may be determined by lot;

(e) if the number of applications duly made by preferred persons for licences for that kind of net for fishing in such fishery during that year is less than the said maximum number—

(i) a licence for that kind of net shall be issued to each of such preferred persons,

(ii) if the number of such licences remaining over after the issue to preferred persons equals or exceeds the number of applications duly made by persons (in this subsection referred to as non-preferred persons) who are not preferred persons, one licence of that kind shall be issued to each of such non-preferred persons,

(iii) if the number of such licences so remaining over is less than the number of applications duly made by non-preferred persons, such licences shall be issued amongst such non-preferred persons in such manner as may be determined by lot.

(3) In this section—

the expression “public fishery” means the tidal portion of any river in which a right of public fishing exists and the estuary thereof and the sea within three miles of the mouth of such estuary or, in case the seaward boundary of the estuary had been defined, the seaward boundary of such estuary, but does not include the tidal portions of the River Shannon or its tributaries above the mouth or mouths thereof;

the expression “the standard year” means—

(a) in relation to the Rivers Erne and Owenea and the estuaries thereof, the year 1934,

(b) in relation to any other public fishery, the year 1935.

(4) Where a person is convicted of an offence under the repealed enactments or an offence under any provision of this Act such person shall not be entitled to any preferential right to obtain a licence under this section.