Fisheries (Amendment) Act, 1991
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Enforcement of regulation of fishing. |
12.—(1) Where a society in whose area a decision under section 9 of this Act is in force requests the assistance of the regional board for the area in enforcing that section, it shall be a function of every authorised officer of the board to enforce the section and for that purpose he shall have all the powers conferred on authorised officers by the Principal Act and the powers conferred by subsection (3) of this section. | |
(2) A regional board shall, as soon as may be, cause to be published in Iris Oifigiúil and in one or more newspapers circulating in the area of the society, notice of the making and effect of the request made to the board under subsection (1) of this section. | ||
(3) Where a person is angling for trout or coarse fish in an area in which a decision under section 9 of this Act is in force or is in possession of a rod and line capable of being used for that purpose at a fishing place in that area or is going or returning from angling for trout or coarse fish at such a place, he shall, at the request of an authorised officer to whom subsection (1) of this section relates (on production, if demanded, of a certificate of his authority issued by the regional board of which he is such officer) give the officer his name and address and produce for his inspection, either then or at the office of the regional board within seven days of being requested to do so, a share certificate in his name current when the request was made. | ||
(4) Subsection (3) of this section shall not apply to a person to whom paragraph (b), (c) or (d) of section 9 (1) of this Act relates. | ||
(5) Where a person who was in possession of a rod and line is charged with an offence under this section consisting of a failure to produce a share certificate, it shall be a good defence to prove that he had the rod and line in his possession as a manufacturer or seller thereof and not for use. | ||
(6) A private water keeper appointed under section 294 of the Principal Act shall have no function under this section. | ||
(7) Prima facie evidence of a request made by a society under subsection (1) of this section may be given in all legal proceedings by the production of a copy of Iris Oifigiúil purporting to contain a notice under subsection (2) of this section relating to the society. |