Foyle Fisheries (Amendment) Act, 1961

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Application of Fisheries (Consolidation) Act, 1959, to Moville Area.

10.—(1) The provisions of the Fisheries (Consolidation) Act, 1959 , indicated in the Table to this section shall, notwithstanding section 325 of that Act, extend to the Moville Area with the substitution, for references to boards of conservators, of references to the Commission and, for references to a fishery district, of references to the Moville Area and subject also to the modifications mentioned in the Table.

(2) The provisions of the Fisheries Acts, 1842 to 1958, corresponding to the said extended provisions of the Fisheries (Consolidation) Act, 1959 , shall, in so far as they continued to be in force in the Moville Area by reason of the operation of section 325 of that Act, cease to be in force.

(3) References in the Principal Act to the Fisheries Acts shall be construed as references to the Fisheries (Consolidation) Act, 1959 .

(4) In consequence of the foregoing provisions of this section the Principal Act is hereby amended as follows:—

(a) by the substitution in subsection (1) of section 79, for the words “section 10 of the Fisheries (Amendment) Act, 1949 (No. 18 of 1949)” of the words “ section 315 of the Fisheries (Consolidation) Act, 1959 ”;

(b) by the substitution in subsection (3) of section 80, for the words “section 15 of the Fisheries (Amendment) Act, 1949 (No. 18 of 1949)” of the words “ section 318 of the Fisheries (Consolidation) Act, 1959 ”;

(c) by the deletion of section 4, subsection (4) of section 23, section 36 and the First Schedule.

TABLE.

Provisions of Fisheries (Consolidation) Act, 1959 , Extended to Moville Area.

Part II.

Miscellaneous Powers and Duties of the Minister.

Sections 15 and 17.

Part IV.

Boards of Conservators.

Section 49 except subsection (6).

Part V.

Rates on Fisheries.

Sections 55 (4) (7) 56, 57: with the modification that references to a rate shall be read as references to a rate under section 23 of the Principal Act.

Part VII.

Regulations as to Nets.

Section 93.

Part VIII.

Fixed Engines, Fishing Weirs, Fishing Mill Dams and other Obstructions to the Passage of Fish.

Sections 97 to 100, 109, 115 to 125.

Part IX.

(Chapter I, Divisions II and III.)

Prohibition of Export of Salmon and Capture, Sale, etc., of Trout at Certain Times.

Sections 135 and 136.

Part X.

Restrictions on Sale and Export for Sale of Salmon and Trout.

Sections 154 to 163: with the modifications that references to the clerk to a Board of Conservators shall be read as references to an officer of the Commission, and that sections 156 (1) and 157 (1) shall be read as if “the Foyle Fisheries Commission” were inserted after “the Minister”.

Part XI.

Miscellaneous Provisions in relation to Salmon and Freshwater Fisheries.

Sections 168, 171, 172 177 to 181, 183.

Part XII.

Transfer to the Minister of Certain Fisheries.

Sections 192, except subsection (1), 193, 194, except subsection (2), 197, 210 to 215, 217: with the modification that “transferable fishery” shall not include a fishery vested in the Minister and the Ministry or in the Commission.

Part XVIII.

Powers of Water Keepers, Officers and Servants of Boards of Conservators, Garda Síochána and other Persons.

Sections 295 to 297, 301: with the modifications that references to “conservators' water keepers” and “private water keepers” shall be read, respectively, as including references to river watchers and private river watchers under the Principal Act and that references to “instruments of appointment” shall be read as including references to instruments of appointment under the Principal Act.

Part XIX.

Legal Proceedings, Fines, Forfeitures, Evidence, Inquiries and Service of Documents.

Sections 309 1(1) 3(3), 310 to 314, 316, 317, 319, 320, 324.