Fisheries Act, 1980
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FOURTH SCHEDULE Amendment of Enactments | |||||
Section 11 (5). | |||||
PART I | |||||
Fisheries (Consolidation) Act, 1959 | |||||
1. The Principal Act is hereby amended by— | |||||
(a) by the insertion before the definition of “dam” contained in section 3 (1) of the following new definitions: | |||||
“the expression ‘coarse fish’ means any freshwater fish or the spawn or fry thereof other than salmon, trout, rainbow trout, char or eels or their spawn or fry;”; | |||||
“the expression ‘consequential disqualification order’ has the meaning assigned to it by subsection (2) (b) of section 90, as amended by section 51 of the Fisheries Act, 1980;”; | |||||
(b) the substitution in both the definition of “salmon rod (annual) (district) ordinary licence” and the definition of “salmon rod (late season) (district) ordinary licence” contained in section 3 (1) of “specified in the licence” for “of the board of conservators by which it was issued”, and each of the said definitions as so amended is set out in paragraph 1 of the Table to this Schedule; | |||||
(c) the substitution in section 54 of “regional board within whose fisheries region” for “board of conservators within whose district”, and the said section 54, as so amended, is set out in paragraph 2 of the said Table; | |||||
(d) the substitution of the following for subsection (1) of section 55: | |||||
“(1) Every regional board shall as regards every fishery year and not later than the 31st day of December immediately preceding the commencement of that fishery year strike on all fisheries within its fisheries region (which appear in the revised valuation lists required under the Valuation Acts to be issued by the Commissioner for Valuation by the 1st day of October immediately preceding such commencement and are not distinguished therein by the said Commissioner pursuant to section 2 of the Valuation (Ireland) Act, 1854) a rate of such amount per cent. of their valuations as will, with the estimated amount of other income, be sufficient to meet the estimated amount of the regional board's expenditure for that fishery year.”; | |||||
(e) the substitution in subsection (1) of section 57 of “regional board within whose fisheries region” for “board of conservators in whose fishery district”, and the said subsection (1), as so amended, is set out in paragraph 3 of the said Table; | |||||
(f) the substitution in subsection (2) of section 59 of “regional board may be recovered at the suit of the board” for “board of conservators may be recovered at the suit of the clerk of the board of conservators”, and the said subsection (2), as so amended, is set out in paragraph 4 of the said Table; | |||||
(g) the substitution both in subsection (1) and in subsection (2) of section 62 of “regional board within whose fisheries region” for “board of conservators within whose district”, and the said section 62, as so amended, is set out in paragraph 5 of the said Table; | |||||
(h) the substitution in both paragraph (e) and paragraph (g) of section 67 (3) of “a particular fishery district within the fisheries region of the regional board” for “the fishery district of the board of conservators”, and the said paragraphs (e) and (g), as so amended, are set out in subparagraph (1) and subparagraph (2), respectively, of paragraph 6 of the said Table; | |||||
(i) the substitution in subsection (6) of section 67 of “by a regional board” and “the fishery district to which it relates” for “by the board of conservators for a fishery district”, and “that fishery district”, respectively, and the said subsection (6), as amended by this paragraph and by section 6 of this Act, is set out in paragraph 7 of the said Table; | |||||
(j) the substitution of the following for subsection (7) of section 67: | |||||
“(7) Where an application for a salmon rod licence for a fishery district is made to a regional board, such licence shall be issued in that district.”; | |||||
(k) the substitution in subsection (8) of section 67 of “area which immediately before the passing of this Act comprised the electoral division which included the place at” for “electoral division in”, and the said subsection (8), as so amended, is set out in paragraph 8 of the said Table; | |||||
(l) the substitution in subsection (11) of section 67 of “as regards which the application for the licence was made and which is specified in the licence and being a fishery district in the fisheries region of the regional board” for “of the board of conservators”, and the said subsection (11), as so amended, is set out in paragraph 9 of the said Table; | |||||
(m) the substitution in subsection (16) of section 67 of “specified in the licence” for “of the board of conservators by which it was issued”, and the said subsection (16), as so amended, is set out in paragraph 10 of the said Table; | |||||
(n) the substitution in subsection (1) of section 69 of “regional board within whose fisheries region the fishery district is situate” for “board of conservators for such fishery district” and by the substitution of “such board” for “the said board of conservators”, in both places where it occurs, and the said subsection (1), as so amended, is set out in paragraph 11 of the said Table; | |||||
(o) the substitution in subsection (3) of section 69 of “a regional board” and “a” for “the board of conservators for a fishery district” and “that”, respectively, and the said subsection (3), as so amended, is set out in paragraph 12 of the said Table; | |||||
(p) the substitution in subsection (4) of section 69 of “a regional board” and “a” for “the board of conservators for a fishery district” and “that”, respectively, and by the substitution of “the said regional board” for “the said board of conservators” in each place where it occurs, and the said subsection (4), as so amended, is set out in paragraph 13 of the said Table; | |||||
(q) the substitution in subsection (5) of section 69 of “regional board within whose fisheries region the fishery district is situate” for “board of conservators of such fishery district”, and the said subsection (5), as amended by this paragraph and by section 46 (1) of this Act and as modified by section 50 (1) of this Act, is set out in paragraph 14 of the said Table; | |||||
(r) the substitution in subsection (1) of section 70 of “A regional board” and “a regional board” for “The board of conservators for a fishery district” and “a board of conservators”, respectively, and the said subsection (1), as so amended, is set out in paragraph 15 of the said Table; | |||||
(s) the substitution in section 72 of “regional board within whose fisheries region such fishery district is situate” and “such regional board” for “board of conservators for such fishery district” and “such board of conservators”, respectively, and the said section 72, as so amended, is set out in paragraph 16 of the said Table; | |||||
(t) the substitution in subsection (1) of section 74 of “regional board within whose fisheries region” for “board of conservators within whose district” in both places where it occurs, and the said subsection (1), as so amended, is set out in paragraph 17 of the said Table; | |||||
(u) the substitution in paragraph (b) of section 75 (1) of “regional board within whose fisheries region” for “board of conservators of the district within which”, and the said paragraph (b), as so amended, is set out in paragraph 18 of the said Table; | |||||
(v) the substitution in subsection (1) of section 77 of “regional board” and “fisheries region” for “board of conservators” and “fishery district”, respectively, and the said subsection (1), as so amended, is set out in paragraph 19 of the said Table; | |||||
(w) the substitution in subsection (1) of section 79 of “regional board” and “fisheries region” for “board of conservators” and “fishery district”, respectively, and the said subsection (1), as so amended, is set out in paragraph 20 of the said Table; | |||||
(x) the substitution in both paragraph (b) and paragraph (c) of subsection (1) of section 80 of “regional board within whose fisheries region such fishery district is situate” for “board of conservators for such fishery district”, and by the substitution in both paragraph (d) and paragraph (e) of the said subsection (1), of “board” for “board of conservators”, and the said subsection (1), as so amended, is set out in paragraph 21 of the said Table; | |||||
(y) the substitution in subsection (3) of section 82 of “specified therein, being a fishery district situated within the fisheries region of the regional board” for “of the board of conservators”, and the said subsection (3), as so amended, is set out in paragraph 22 of the said Table; | |||||
(z) the substitution in subsection (1) of section 83 of “regional board” for “board of conservators for a fishery district”, and the said subsection (1), as amended by this paragraph and by section 68 of this Act, is set out in paragraph 23 of the said Table; | |||||
(aa) the substitution in both paragraph (a) of subsection (2) and paragraph (a) of subsection (3) of section 83 of “regional board within whose fisheries region” for “board of conservators within whose fishery districty”, and the said paragraph (a) of the said subsection (2) and the said paragraph (a) of the said subsection (3) are set out in subparagraphs (a) and (b), respectively, of paragraph 24 of the said Table; | |||||
(bb) the substitution in subsection (4) of section 115 of “A regional board” and “in its fisheries region” for “The board of conservators of a fishery district”, and “of its fishery district”, respectively, and the said subsection (4), as so amended, is set out in paragraph 25 of the said Table; | |||||
(cc) the substitution in subsection (6) of section 118 of “A regional board” and “its fisheries region” for “The board of conservators of a fishery district” and “its fishery district”, respectively, and the said subsection (6), as so amended, is set out in paragraph 26 of the said Table; | |||||
(dd) the insertion, after “the Minister” in paragraph (a) of the definition of “inspector” in section 154 of “or a regional board”, and the said definition, as so amended, is set out in paragraph 27 of the said Table; | |||||
(ee) the substitution in subsection (1) of section 159 of “regional board”, “such board's fisheries region” and “board may” for “board of conservators for a fishery district”, “such fishery district” and “board of conservators may, through its clerk,”, respectively, and the said subsection (1), as amended by this paragraph and by section 69 of this Act, is set out in paragraph 28 of the said Table; | |||||
(ff) the substitution in subsection (2) of section 159 of “regional board”, “such board's fisheries region” and “board may” for “board of conservators for a fishery district”, “such fishery district” and “board of conservators may, through its clerk,”, respectively, and the said subsection (2), as amended by this paragraph and by section 69 of this Act, is set out in paragraph 29 of the said Table; | |||||
(gg) the substitution in subsection (1) of section 160 of “relevant regional board” for “board of conservators by whom the licence was issued” in both places where it occurs, and by the substitution of “such board” for “such board of conservators,” and the said subsection (1), as amended by this paragraph and by section 69 of this Act, is set out in paragraph 30 of the said Table; | |||||
(hh) the insertion in section 160 after subsection (5) (inserted by section 69 (2) of this Act) of the following new subsection: | |||||
“(6) In this section and in the next following section ‘the relevant regional board’ means, in relation to a Part X licence, the regional board by which the licence was issued or, in case the licence was issued by a board of conservators, the regional board within whose fisheries region is situate the fishery district which was formerly the fishery district of such board of conservators.”; | |||||
(ii) the substitution in paragraph (b) of section 161 (2) of “relevant regional board” for “board of conservators by whom it was issued”, and the said paragraph (b), as so amended, is set out in paragraph 31 of the said Table; | |||||
(jj) the substitution of “the fishery district to which it relates” for “that fishery district” in subparagraph (ii) of section 278 (5) (b), and the said subparagraph (ii), as so amended, is set out in paragraph 32 of the said Table; | |||||
(kk) the substitution of the following for section 292: | |||||
“292.—In this Part— | |||||
‘authorised person’ means, except where the context otherwise requires, any person being— | |||||
(a) an officer of the Minister or other person appointed in writing by the Minister to be an authorised person for the purposes of this Part, | |||||
(b) an officer of the Central Board appointed in writing by that board to be an authorised person for the said purposes, | |||||
(c) an officer of a regional board or other person appointed in writing by that board to be an authorised person for the said purposes, or | |||||
(d) a private water keeper; | |||||
‘private water keeper’ means a water keeper appointed under section 294.”; | |||||
(ll) the substitution of the following for subsection (2) of section 293: | |||||
“(2) (a) Subject to paragraph (b) of this subsection, the powers conferred by this Part on a member of a regional board or an officer of such a board or other person appointed under this Part by such a board to be an authorised person for the purposes of this Part shall be exercised only for the protection of the fisheries in the fisheries region of the board by whom the appointment is made or of which the person is a member, and for the enforcement in such region of the Fisheries Acts, 1959 to 1980, and any instrument made thereunder. | |||||
(b) Two or more regional boards may enter into an agreement for the exercise in each of the fisheries regions of those boards by an officer or other person appointed under this Part by any board which is a party to the agreement to be an authorised person for the purposes of this Part of the powers conferred by this Part on such officer or person and for the enforcement by such officer or person in each such region of the Fisheries Acts, 1959 to 1980, and any instrument thereunder, and in case an agreement under this paragraph is for the time being in force, paragraph (a) of this subsection shall be construed and have effect subject to the agreement. | |||||
(c) A document purporting to be an appointment under this section and to be signed by the chief officer of a regional board shall be receivable as prima facie evidence in any legal proceedings without proof either of any signature thereon or that a person whose signature is thereon was the chief officer of the regional board concerned, and in case such a document states that an agreement under this subsection has been made between two or more regional boards specified in the document, then, until the contrary is shown, such an agreement shall be regarded as having been made and being in force.”; | |||||
(mm) the substitution in subsection (1) of section 295 of “an authorised person (other than a private water keeper)” for “a conservators' water keeper or other officer of a board of conservators”, and the said subsection (1), as so amended, is set out in paragraph 33 of the said Table; | |||||
(nn) (i) the insertion of “member of the Garda Síochána or” and “or remain on” before “authorised person” and “the banks”, respectively, in subsection (1) of section 296, and | |||||
(ii) the substitution of “trout, char or their spawn or fry, eels or coarse fish” for “or trout” in the said subsection (1), | |||||
and the said subsection (1), as so amended, is set out in paragraph 34 of the said Table; | |||||
(oo) the insertion in section 296 after subsection (1) of the following new subsection: | |||||
“(1A) Any member of the Garda Síochána or authorised person may enter any land for the purpose of enabling him to exercise elsewhere a power conferred on him by subsection (1) of this section.”; | |||||
(pp) the insertion of “member of the Garda Síochána or” before “authorised person” in subsection (2) of section 296, and the said subsection (2), as so amended, is set out in paragraph 35 of the said Table; | |||||
(qq) the substitution in subsection (1) of section 298 of “Any member of the Garda Síochána or officer appointed by the Minister or by a regional board” for “Any officer appointed by the Minister or any inspector or water keeper appointed by a board of conservators”, and the said subsection (1), as so amended, is set out in paragraph 36 of the said Table; | |||||
(rr) the substitution in subsection (2) of section 298 of “a member of the Garda Síochána, an officer of the Minister or an officer of a regional board” for “an officer of the Minister, a conservators' water keeper or an inspector appointed by a board of conservators”, and the said subsection (2), as amended by this paragraph and modified by section 50 (1) of this Act, is set out in paragraph 37 of the said Table; | |||||
(ss) the insertion of “member of the Garda Síochána or” before “authorised person” in paragraph (a) of section 299 (2), and the said paragraph (a), as so amended, is set out in paragraph 38 of the said Table; | |||||
(tt) the insertion of “by a person who is not a member of the Garda Síochána” after “under this section” in paragraph (c) of section 299 (2), and the said paragraph (c), as so amended, is set out in paragraph 39 of the said Table; | |||||
(uu) the insertion of “member of the Garda Síochána or” before “authorised person” in section 300, and the said section 300, as so amended, is set out in paragraph 40 of the said Table; | |||||
(vv) the substitution in section 301 (1) of the following for paragraph (b): | |||||
“(b) any person, whether or not he is an officer of a regional board, appointed in writing by a regional board to be an authorised officer for the purposes of this section,”; | |||||
(ww) the substitution in paragraph (b) of section 301 (2) of “search” for “the interior of ”, and the said paragraph (b) as so amended, is set out in paragraph 41 of the said Table; | |||||
(xx) the insertion of “member of the Garda Síochána or” before “authorised person” in subsection (2) of section 303, and the said subsection (2), as amended by this paragraph and modified by section 50 (1) of this Act, is set out in paragraph 42 of the said Table; | |||||
(yy) the insertion of “member of the Garda Síochána or” before “authorised person” in subsection (2) of section 304, and the said subsection (2), as so amended, is set out in paragraph 43 of the said Table; | |||||
(zz) the insertion of “member of the Garda Síochána or” before “authorised person” in subsection (3) of section 304, and the said subsection (3), as so amended, is set out in paragraph 44 of the said Table; | |||||
(aaa) the insertion of “member of the Garda Síochána or” before “authorised person” in both places where it occurs in subsection (4) of section 304, and the said subsection (4), as so amended, is set out in paragraph 45 of the said Table; | |||||
(bbb) the insertion of “member of the Garda Síochána or” before “authorised person” in subsection (2) of section 305, and the said subsection (2), as amended by this paragraph and modified by section 50 (1) of this Act, is set out in paragraph 46 of the said Table; | |||||
(ccc) the substitution in paragraph (b) of section 305 (3) of “regional board within whose fisheries region such fishery district is situate” for “board of conservators for such fishery district”, and the said paragraph (b), as so amended, is set out in paragraph 47 of the said Table; | |||||
(ddd) the insertion of “member of the Garda Síochána or” before “authorised person” in subsection (2) of section 306, and the said subsection (2), as amended by this paragraph and modified by section 50 (1) of this Act, is set out in paragraph 48 of the said Table; | |||||
(eee) the insertion of “a member of the Garda Síochána or” before “an authorised person” in section 307, and the said section 307, as so amended, is set out in paragraph 49 of the said Table; | |||||
(fff) the substitution in subparagraph (i) of section 315 (2) (a) of “regional board within whose fisheries region is situate” for “board of conservators of”, and the said subparagraph (i), as so amended, is set out in paragraph 50 of the said Table; | |||||
(ggg) the substitution in subparagraph (i) of section 318 (1) (b) of “regional board within whose fisheries region is situate” for “board of conservators of”, and the said subparagraph (i), as so amended, is set out in paragraph 51 of the said Table; | |||||
(hhh) the substitution in subparagraph (ii) of section 318 (1) (b) of “regional board” for “board of conservators”, and the said subparagraph (ii), as so amended, is set out in paragraph 52 of the said Table; | |||||
(iii) the substitution in subparagraph (i) of section 319 (1) (c) of “regional board within whose fisheries region is situate” for “board of conservators of”, and the said subparagraph (i), as so amended, is set out in paragraph 53 of the said Table; and | |||||
(jjj) the insertion in Part II of the Fourth Schedule, as amended by section 31 of the Act of 1962, of: | |||||
“ | |||||
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” | |||||
2. (a) References to boards of conservators in the provisions of the Principal Act specified in subparagraph (b) of this paragraph shall each be construed and have effect as if they were references to regional boards. | |||||
(b) The provisions of the Principal Act referred to in subparagraph (a) of this paragraph are the definition of “fishery rate” in section 3 (1), sections 40 (10), 45 (1), 49 (5), 49 (9), 55 (2), 55 (3), 55 (4), 56, 57 (2), 57 (3), 59 (1), 67 (1), (as amended by section 11 (4) of this Act), 67 (2), 67 (8), (as so amended), 67 (10), 70 (2), 70 (3), 77 (4), 79, paragraphs (d) and (e) of section 80 (1), sections 84 (1), 159 (3) (as amended by section 6 of this Act), 160 (2), 170 (2), 278 (as amended by the said section 11 (4)), 291, 303 (1), 305(1) and 306 (1). | |||||
PART II | |||||
Fisheries (Amendment) Act, 1962 | |||||
3. Subsection (1) of section 14 of the Act of 1962 is hereby amended by the substitution of “regional board in whose fisheries region is situate any” and “such of its officers as it shall nominate” for “board of conservators for each” and “its clerk or other officer nominated by the board”, respectively, and the said subsection (1), as so amended, is set out in paragraph 54 of the Table to this Schedule. | |||||
4. Sections 14 (2) and 29 (2) of the Act of 1962 shall each be construed and have effect as if the references therein to boards of conservators were references to regional boards. | |||||
TABLE | |||||
1. 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 specified in the licence and in no other 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 specified in the licence and in no other fishery district; | |||||
2. 54.—Where part of a river consists of special tidal waters and another part (being a part in which salmon spawn) of such river is situate in Northern Ireland, the regional board within whose fisheries region such tidal waters are situate may, with the approval of the Minister, enter into such arrangements or agreements as it considers expedient for ensuring the protection of salmon and trout, and their eggs and fry in the part of such river which is situate in Northern Ireland and for the purpose of such arrangements or agreements make payments out of its funds. | |||||
3. (1) Where a fishery rate on a fishery has been struck under section 55 in a particular fishery year, the regional board within whose fisheries region the fishery is situate may, but not later than the expiration of the next following fishery year, make such amendments in the rate as are necessary to correct occupiers' names, misdescriptions and clerical, arithmetical and other errors therein. | |||||
4. (2) Fishery rate payable to a regional board may be recovered at the suit of the board as a simple contract debt in any court of competent jurisdiction. | |||||
5. 62.—(1) In every fishery year, the Minister shall, out of moneys provided by the Oireachtas, pay to every regional board within whose fisheries region there are during that year or part thereof any special tidal waters an amount equal to such percentage of the sum which was on the 1st day of January, 1933, the total rate able valuation of the fisheries in such tidal waters as was fixed for the purpose of the rate leviable for such year on the other fisheries in such district under section 55. | |||||
(2) If the Minister is satisfied that in any fishery year the receipts (including the moneys payable in such year under subsection (1) of this section) of any regional board within whose fisheries region there are during that year or part thereof any special tidal waters will be insufficient to defray the expenditure to be incurred by such board in such year, he may, with the consent of the Minister for Finance, pay to such board out of moneys provided by the Oireachtas a grant not exceeding the estimated deficit. | |||||
6. (1) (e) Salmon rod ordinary licences issuable for a year and available for use in a fishery district within the fisheries region of the regional board by which they were issued and in no other fishery district shall be called, and are in this Act referred to as, salmon rod (annual) (district) ordinary licences. | |||||
(2) (g) Salmon rod ordinary licences issuable for a period of six months commencing on a first day of July and available for use in a fishery district within the fisheries region of the regional board by which they were issued and in no other fishery district shall be called, and are in this Act referred to as, salmon rod (late season) (district) ordinary licences. | |||||
7. (6) Every ordinary fishing licence issued by a regional board shall— | |||||
(a) be in such form as the Minister may from time to time direct, | |||||
(b) state thereon— | |||||
(i) the period for which it is to be valid and in force, | |||||
(ii) the number or name of the fishery district to which it relates, | |||||
( (iii)—repealed), | |||||
(iv) the kind of fishing engine to which it relates. | |||||
8. (8) Where an application is made to a regional board for a licence for a fishing engine (being a fixed engine, a box in a fishing weir or a fishing mill dam or an eye, gap or basket for taking eels in or on a fishing weir or a fishing mill dam), such licence shall be issued in the area which immediately before the passing of this Act comprised the electoral division which included the place at which such engine is situate. | |||||
9. (11) Each of the following ordinary fishing licences shall be available for use in the fishery district as regards which the application for the licence was made and which is specified in the licence and being a fishery district in the fisheries region of the regional board by which it was issued and in no other fishery district— | |||||
(a) an ordinary fishing licence (not being a salmon rod ordinary licence), | |||||
(b) a salmon rod (annual) (district) ordinary licence, | |||||
(c) a salmon rod (late season) (district) ordinary licence. | |||||
10. (16) Every salmon rod ordinary licence (being a salmon rod (annual) (district) ordinary licence or a salmon rod (late season) (district) ordinary licence) shall operate to authorise the person named therein, but no other person, to use, during the period specified therein and in the fishery district specified in the licence, a salmon rod, but subject to the provisions of this Act and any instrument made there under. | |||||
11. (1) Where a person proposes to use in any fishery district an engine (not being a scheduled engine), for fishing for salmon, trout, or eels, in respect of which no ordinary licence duty has been fixed under this section by the regional board within whose fisheries region the fishery district is situate, such person may apply in accordance with this section, to such board to fix the ordinary licence duty in respect of an ordinary fishing licence to use such engine and upon receipt of such application such board may with the approval of the Minister, fix such licence duty, regard being had as far as practicable to the estimated catching power of such engine as compared with scheduled engines. | |||||
12. (3) Where a regional board fixes, under subsection (1) of this section, the ordinary licence duty in respect of an ordinary fishing licence to use in a fishery district a non-scheduled engine, it shall cause to be published in some newspaper circulating in such fishery district notice of the fixing of such licence duty. | |||||
13. (4) Where a regional board fixes, in pursuance of an application under subsection (1) of this section, the licence duty in respect of a licence to use in a fishery district a non-scheduled engine, the following provisions shall have effect:— | |||||
(a) the applicant or any other person aggrieved by the amount of the licence duty so fixed, may, upon giving, within ten days after publication of notice of the fixing of the licence duty, to the county registrar for the county or county borough wherein the said engine is proposed to be used, and to the said regional board notice of intention to do so, appeal against the said amount, | |||||
(b) the said appeal shall be heard by the Judge of the Circuit Court, assigned to the Circuit which includes such county or county borough, | |||||
(c) the said Judge, after hearing the appellant and the said regional board may, as he thinks fit, reduce, confirm or increase the amount of such duty and his decision shall be final, | |||||
(d) the decision on the said appeal shall relate back to the date on which such duty was fixed by the said regional board and accordingly— | |||||
(i) if the amount of such duty is reduced on the said appeal, the excess paid shall be refunded by the said regional board, | |||||
(ii) if the amount of such duty is increased on the said appeal, the payment already made shall operate by way of discharge pro tanto. | |||||
14. (5) If any person (other than the Minister) uses in any fishery district any non-scheduled engine, without previously having complied with subsections (1) and (2) of this section and without having deposited with the regional board within whose fisheries region the fishery district is situate such sum as the board may demand on account of the licence duty thereafter to be fixed in respect of such engine, then such person shall be guilty of an offence under this section and shall be liable— | |||||
(a) on summary conviction thereof to a fine not exceeding £500 and, in the case of a continuing offence, a further fine (not exceeding in all £600) not exceeding £50 for each day during which the offence is continued, | |||||
(b) on conviction on indictment to a fine not exceeding £2,000 and, in the case of a continuing offence, a further fine not exceeding £100 for each day during which the offence is committed, or at the discretion of the court, to imprisonment for a term not exceeding two years or to both such fine and such imprisonment. | |||||
15. (1) A regional board may appoint such and so many persons as it thinks fit to be agents of the board for the issue of ordinary fishing licences, and every person so appointed by a regional board shall be an authorised agent of that board for that purpose. | |||||
16. 72.—Where— | |||||
(a) not later than the first day of the open season for fishing with engines other than rod and line in any year for a fishery district, an application is made to the regional board within whose fisheries region such fishery district is situate for a licence to fish for salmon with a draft net or a drift net, and | |||||
(b) the applicant tenders with his application one moiety of the licence duty payable in respect of such licence, | |||||
the following provisions shall have effect— | |||||
(i) such regional board shall issue such licence to the applicant subject however to the condition (which shall be endorsed on such licence) that the balance of the said licence duty shall be paid not later than the thirtieth day after the first day of such open season, | |||||
(ii) if such condition is not complied with such licence shall on and after the expiration of the said thirtieth day cease to be in force. | |||||
17. (1) The Minister may from time to time by order authorise the regional board within whose fisheries region special tidal waters are situate to issue licences (in this Act referred to as special local licences) to use in such tidal waters any specific kind of fishing engine (being a fishing engine of a kind in respect of which ordinary licences are issuable) for the taking of salmon or trout, and no special local licence to use in special tidal waters any kind of fishing engine for the taking of salmon or trout shall be issued unless an order has been made under this section authorising the regional board within whose fisheries region such tidal waters are situate to issue special local licences to use in such tidal waters such kind of fishing engine. | |||||
18. (b) be sealed with the seal of the regional board within whose fisheries region such tidal waters are situate; | |||||
19. (1) Where a regional board is authorised by order of the Minister under this Act to issue special local licences to use, in special tidal waters situate in the fisheries region of the board, any particular kind of fishing engine for the taking of salmon or trout, the Minister may, whenever and as often as he thinks fit, by order do the following things:— | |||||
(a) declare that such three periods in each year as the Minister thinks proper and specifies in such order shall be issue periods for the purposes of such order; | |||||
(b) authorise such board to issue during the first issue period in any year special local licences to use in such tidal waters a fishing engine of such kind for the taking of salmon or trout on payment of a specified proportion of the appropriate on payment of specified proportion of the appropriate special local licence duty, subject however to the following condition (which shall be endorsed on each such licence), that the balance of such duty shall be paid in three equal instalments, and that each such instalment shall be paid not later than the date specified in such order as the date for the payment thereof; | |||||
(c) authorise such board to issue during the second issue period in any year special local licences to use in such tidal waters a fishing engine of such kind for the taking of salmon or trout on payment of a specified proportion of the appropriate special local licence duty, subject however to the following condition (which shall be endorsed on each such licence), that the balance of such duty shall be paid in two equal instalments, and that each such instalment shall be paid not later than the date specified in such order as the date for the payment thereof; | |||||
(d) authorise such board to issue during the third issue period in any year special local licences to use in such tidal waters a fishing engine of such kind for the taking of salmon or trout on payment of a specified proportion of the appropriate special local licence duty, subject however to the following condition (which shall be endorsed on each such licence), that the balance of such duty shall be paid not later than the date specified in such order as the date for the payment thereof. | |||||
20. (1) A regional board may from time to time by order declare that any river or lake or portion thereof situate in the fisheries region of such board shall be scheduled trout waters for the purposes of this Act. | |||||
21. (1) It shall not be lawful for any person to fish for trout with rod and line in any scheduled trout waters situate in a fishery district unless— | |||||
(a) such person is the holder of a trout rod (general) licence for the time being in force, or | |||||
(b) such person is the occupier of land contiguous to the portion of such scheduled trout waters in which he is found fishing and is entitled to fishing rights in that portion and is the holder of a trout rod (riparian owner) licence for the time being in force issued by the regional board within whose fisheries region such fishery district is situate and valid for that portion, or | |||||
(c) such person is a member of the family of the occupier of land contiguous to the portion of such scheduled trout waters in which such person is found fishing and such occupier is entitled to fishing rights in that portion and is the holder of a trout rod (riparian owner) licence for the time being in force issued by the regional board within whose fisheries region such fishery district is situate and valid for that portion, or | |||||
(d) such person is the holder of a trout rod (juvenile) licence for the time being in force issued by such board, or | |||||
(e) such person is the holder of a salmon rod licence for the time being in force issued by such board. | |||||
22. (3) A trout rod (juvenile) licence shall be valid only in the fishery district specified therein, being a fishery district situated within the fisheries region of the regional board by whom it is issued. | |||||
23. (1) Where— | |||||
(a) a person applies to a regional board or to an authorised agent of such board for the issue to him of a trout rod (general) licence and | |||||
(b) such person tenders the amount of the duty which is for the time being payable under section 81 of this Act in respect of the licence, | |||||
such board or agent shall, subject to the provisions of this Act, issue a trout rod (general) licence to that person. | |||||
24. (a) (a) a person applies to a regional board within whose fisheries region any scheduled trout waters are situate or to an authorised agent for such board for the issue to him of a trout rod (riparian owner) licence, and | |||||
(b) (a) a person applies to a regional board within whose fisheries region any particular scheduled trout waters are situate or to an authorised agent for such board for the issue to him of a trout rod (juvenile) licence, and | |||||
25. (4) A regional board may from time to time apply any portion of its funds which it thinks fit for the purpose of making passes in or over dams in any river in its fisheries region subject to the sanction of the Minister, under subsection (3) of this section, and upon obtaining such sanction the said board may place to the credit of the Minister such sum of money as has been for that purpose approved and sanctioned by him and thereupon it shall be lawful for the Minister to direct and cause such alterations to be made in any dam erected in or across any salmon river for affording a free and uninterrupted passage for fish, pursuant to powers and provisions of subsection (3) of this section. | |||||
26. (6) A regional board may from time to time apply any portion of its funds which it thinks fit for the purpose of removing or making passes in or over natural obstructions in any river in its fisheries region, subject to the sanction of the Minister, under the preceding subsections of this section, and upon obtaining the sanction of the Minister the said board may place to the credit of the Minister such sum of money as has been for that purpose approved and sanctioned by him and thereupon it shall be lawful for the Minister to construct such works and make such alterations in the bed of any river as shall effectually secure a free and uninterrupted passage for fish, pursuant to the powers and provisions of the preceding subsections of this section. | |||||
27. the word “inspector” means any person, being— | |||||
(a) a person appointed by the Minister or a regional board to be an inspector for the purposes of this Part, or | |||||
(b) a member of the Garda Síochána, or | |||||
(c) any person authorised by the Minister under section 22 of the Fisheries Act, 1925 (No. 32 of 1925) or section 44 of the Fisheries Act, 1939 (No. 17 of 1939); | |||||
28. (1) Where— | |||||
(a) a person to whom a certificate of fitness has been granted applies, within twenty-eight days after such grant, to the regional board for the issue to him of a licence authorising him to carry on the business of selling salmon and trout at any specified place or places within such board's fisheries region and | |||||
(b) there is sent with the application— | |||||
(i) such certificate of fitness, and | |||||
(ii) the sum of twenty-five pounds, | |||||
then, such board may issue to such person such licence. | |||||
29. (2) Where— | |||||
(a) a person to whom a certificate of fitness has been granted applies, within twenty-eight days after such grant, to the regional board for the issue to him of a licence authorising him to carry on the business of exporting for sale salmon and trout from any specified place or places within such board's fisheries region, | |||||
(b) there is sent with the application— | |||||
(i) such certificate of fitness, and | |||||
(ii) the sum of twenty-five pounds, | |||||
then, such board may issue to such person such licence. | |||||
30. (1) Where— | |||||
(a) either— | |||||
(i) the holder of a Part X licence which is for the time being in force (either by virtue of the original issue or a renewal thereof) applies, within fourteen days before its expiration to the relevant regional board for a renewal of the licence, or | |||||
(ii) the holder of a Part X licence which was in force (either by virtue of the original issue or a renewal thereof) on the 31st day of December in any year applies within one month after its expiration to the relevant regional board for a renewal of the licence, and | |||||
(b) there is sent with the application the sum of twenty-five pounds, | |||||
then, such board may renew such licence. | |||||
31. (b) Before revoking a Part X licence under paragraph (a) of this subsection the Minister shall send by registered post to the holder thereof and to the relevant regional board fourteen days' notice of his intention to consider the revocation of the licence and shall consider any representations which may be made to him by such holder or board before the expiration of the notice. | |||||
32. (ii) the number or name of the fishery district to which it relates, | |||||
33. (1) The production by an authorised person (other than a private water keeper) of his instrument of appointment shall be a sufficient warrant for his exercising the powers conferred on an authorised person by this Act, but the production of such instrument by him shall not be necessary in exercising those powers unless he has been first required to produce it. | |||||
34. (1) Any member of the Garda Síochána or authorised person may, for the purposes of the protection of the fisheries, do all or any of the following things:— | |||||
(a) enter into and pass through or along or remain on the banks or borders of any lakes or rivers frequented by salmon, trout, char or their spawn or fry, eels or coarse fish or of the tributaries thereof, | |||||
(b) with boats or otherwise enter upon any such lakes or rivers, | |||||
(c) enter upon and examine all weirs, sluices, mill dams, mill races and watercourses communicating with such lakes or rivers, | |||||
(d) enter any boat engaged or about to engage in fishing, | |||||
(e) examine all standing, floating or other nets whatsoever, | |||||
(f) seize any unlawful fishing engine or any lawful fishing engine which is being unlawfully used, | |||||
(g) do all such other acts and things as he is authorised to do by or under this Act. | |||||
35. (2) Nothing in this section shall be construed as authorising any member of the Garda Síochána or authorised person to enter any enclosed garden or any dwellinghouse or the curtilage thereof except where the ordinary road or passage to any weir, dam or dyke is through such garden or curtilage. | |||||
36. (1) Any member of the Garda Síochána or officer appointed by the Minister or by a regional board may, subject to any directions and regulations given or made by the Revenue Commissioners, do with respect to any vessel employed in fishing, all or any of the following things:— | |||||
(a) board such vessel, | |||||
(b) examine the certificate of registry and the fishing engines of such vessel, and ascertain whether the provisions of this Act have been complied with and whether the master and any other persons on board are carrying on fishing in the manner required by this Act, | |||||
(c) seize any unlawful fishing engine or any lawful fishing engine unlawfully used. | |||||
37. (2) If the master of any fishing vessel refuses to produce the certificate of registry of such vessel when required to do so by a member of the Garda Síochána, an officer of the Minister or an officer of a regional board he shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding two hundred pounds. | |||||
38. (a) any member of the Garda Síochána or authorised person may require the offender to do the following things— | |||||
(i) desist from such offence, and | |||||
(ii) tell his name and his address, | |||||
39. (c) where the offender is apprehended under this section by a person who is not a member of the Garda Síochána,the authorised person shall forthwith deliver him into the custody of a member of the Garda Síochána to be dealt with according to law. | |||||
40. 300.—Where any member of the Garda Síochána or authorised person finds— | |||||
(a) during the annual close season for salmon and trout or the weekly close time— | |||||
(i) any passage in any fishing weir, fishing mill dam, fixed engine, net or contrivance closed or obstructed, or | |||||
(ii) any net or other contrivance whatsoever placed or used in contravention of this Act or any instrument made thereunder, or | |||||
(b) at any time, any obstruction in the free gap of a fishing weir or in a fish pass or, | |||||
(c) at any time, any obstruction in the waste gate appurtenant to any mill or factory when such waste gate is required, by section 122, to be open, | |||||
he may open such passages and remove such obstructions, doing no unnecessary damage, and seize and remove all things so found or used contrary to the provisions of this Act or any instrument made thereunder. | |||||
41. (b) at all reasonable times to enter upon and have free access to search— | |||||
(i) any premises in which fish is or is believed to be sold, or kept, exposed or stored for sale, or | |||||
(ii) any premises in which poison or explosive intended for the destruction of fish is or is believed to be kept, or | |||||
(iii) the premises of any person engaged in the business of carrying goods for reward, or | |||||
(iv) any aerodrome, pier, quay, wharf, jetty, dock or dock premises, or | |||||
(v) any ship, boat, aircraft, railway wagon, motor lorry, cart, or other vessel or vehicle used for the conveyance of goods; | |||||
42. (2) Any person using any scheduled engine or having any scheduled engine erected or found with a scheduled engine in his possession in or near any fishing place or going or returning from fishing shall on demand produce, to any member of the Garda Síochána or authorised person the ordinary licence for such engine, and, in default, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding two hundred pounds. | |||||
43. (2) Any member of the Garda Síochána or authorised person may demand of any person fishing in special tidal waters or having in his possession in or near such special tidal waters any fishing engine for the taking of salmon or trout the production of his special local licence and if such person refuses or fails to produce such licence there and then, he shall be guilty of an offence under this section. | |||||
44. (3) Where any person of whom the production of his special local licence is lawfully demanded under this section produces such licence but refuses or fails to permit the member of the Garda Síochána or authorised person making such demand to read such licence, he shall be guilty of an offence under this section. | |||||
45. (4) Whenever any person of whom the production of his special local licence is lawfully demanded under this section refuses or fails to produce such licence or produces such licence but fails to permit the member of the Garda Síochána or authorised person making the demand to read such licence, such member of the Garda Síochána or authorised person may demand of such person his name and address, and if such person refuses or fails to give his name or address or gives a name or address which is false or misleading he shall be guilty of an offence under this section. | |||||
46. (2) Any person using a trout rod in any scheduled waters shall on demand produce to any member of the Garda Síochána or authorised person his trout rod licence, or if he is the holder of a salmon rod licence, such salmon rod licence, and in default such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to— | |||||
(a) in case— | |||||
(i) such person is the occupier of land contiguous to the portion of such scheduled trout waters in which he is found fishing and is entitled to fishing rights in that portion, or | |||||
(ii) such person is a member of the family of the occupier of land contiguous to the portion of such scheduled trout waters in which he is found fishing and such occupier is entitled to fishing rights in that portion, or | |||||
(iii) such person is under the age of seventeen years, | |||||
a fine not exceeding £50, or | |||||
(b) in any other case, a fine not exceeding £50. | |||||
47. (b) such occupier is entitled to fishing rights in that portion and is the holder of a trout rod (riparian owner) licence for the time being in force issued by the regional board within whose fisheries region such fishery district is situate and valid for such portion. | |||||
48. (2) Any person using or having in his possession an oyster fishing engine in or near an oyster fishery, or going or returning from fishing shall on demand produce to any member of the Garda Síochána or authorised person the oyster fishing licence for such engine and, in default, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding £200 | |||||
49. 307.—All fish passes shall be at all times open to inspection by a member of the Garda Síochána or an authorised person. | |||||
50. (i) to the regional board within whose fisheries region is situate the fishery district in which the offence was committed a sum equal to two-thirds of the fine, or, if the fine was remitted in part, of so much thereof as was not remitted, and | |||||
51. (i) in case it appears to the Minister that a member of the Garda Síochána seized such thing or was the means of bringing to justice the person committing the offence which resulted in such forfeiture, there shall be paid— | |||||
(I) to the regional board within whose fisheries region is situate the fishery district in which the offence was committed a sum equal to two-thirds of the net proceeds of such sale, and | |||||
(II) into the Garda Síochána Reward Fund a sum equal to one-third of the said net proceeds, | |||||
52. (ii) in any other case there shall be paid to the said regional board a sum equal to the said net proceeds. | |||||
53. (i) in case it appears to the Minister that a member of the Garda Síochána detained such fish under section 301, there shall be paid— | |||||
(I) to the regional board within whose fisheries region is situate the fishery district in which the offence was committed a sum equal to two-thirds of the said net proceeds, and | |||||
(II) into the Garda Síochána Reward Fund a sum equal to one-third of the said net proceeds, | |||||
54. (1) A person making an application to a District Justice under section 158 (which provides for the granting by the District Court of a certificate of fitness to hold a Part X licence) of the Principal Act for a certificate under that section in relation to a salmon dealer's or salmon exporter's licence shall give notice in writing of the application to the regional board in whose fisheries region is situate any fishery district in which he carries on or proposes to carry on the business of selling or exporting (as the case may be) salmon and trout not less than fourteen days before the date of the hearing of the application and each such board shall, through such of its officers as it shall nominate for the purpose, be entitled to appear in Court and be heard on the hearing of the application. |