S.I. No. 352/1992 - Elections To Regional Fisheries Boards (Amendment) Regulations, 1992.

S.I. No. 352 of 1992.

ELECTIONS TO REGIONAL FISHERIES BOARDS (AMENDMENT) REGULATIONS, 1992.

I, MICHAEL WOODS, Minister for the Marine, in exercise of the powers conferred on me by section 12 (3) of the Fisheries Act, 1980 (No. 1 of 1980 ) and the Fisheries (Transfer of Departmental Administration and Ministerial Functions) Orders, 1977 ( S.I. No. 30 of 1977 ) (as adapted by the Tourism, Fisheries and Forestry (Alteration of Name of Department and Title of Minister) Order, 1987 ( S.I. No. 82 of 1987 )) hereby make the following regulations:

1. These Regulations may be cited as the Elections to Regional Fisheries Boards (Amendment) Regulations, 1992.

2. These Regulations shall come into operation on 27th day of October, 1992.

3. In these Regulations "the Principal Regulations" means the Elections to Regional Fisheries Boards Regulations 1981 (S.I. No. 361 of 1981).

4. The Principal Regulations are hereby amended by the insertion of the following definition after the definition of "the Secretary" in Article 3:

"'society' means a fisheries co-operative society established under section 4 (1) of the Fisheries (Amendment) Act, 1991 (No. 26 of 1991).".

5. Article 5 of the Principal Regulations is hereby amended by the deletion of "immediately preceding the fishery year".

6. The Schedule set out in Schedule A to these Regulations is hereby substituted for the First Schedule to the Principal Regulations.

7. The Schedule set out in Schedule B to these Regulations is hereby substituted for the Second Schedule to the Principal Regulations.

8. The Third Schedule to the Principal Regulations is hereby amended by the substitution of the following entries for the entries at numbers 6, 7, 8 and 9:

"6. ordinary member of a society and registered as a trout angler with that society,

7. ordinary member of a society and registered as a coarse fish angler with that society,

8. person registered as a sea angler in the Register of Sea Anglers,

9. former life member of the Inland Fisheries Trust Incorporated and registered under section 58 of the Fisheries Act, 1980 , as a trout angler or a coarse fish angler,

10. holder of an oyster fishing licence."

9. The Fourth Schedule to the Principal Regulations is hereby amended by the substitution of the following entries for the entries at numbers (6), (7), (8) and (9) in paragraph 3 of the part of that Schedule headed "INSTRUCTIONS FOR COMPLETING THE ABOVE FORM":

"(6) ordinary member of a society and registered as a trout angler with that society,

(7) ordinary member of a society and registered as a coarse fish angler with that society,

(8) person registered as a sea angler in the register of Sea Anglers,

(9) former life member of the Inland Fisheries Trust Incorporated and registered under section 58 of the Fisheries Act, 1980 , as a trout angler or a coarse fish angler,

(10) holder of an oyster fishing licence.".

SCHEDULE A

Regulation 6.

"FIRST SCHEDULE

NOMINATION OF A PERSON TO BE A CANDIDATE FOR AN ELECTION AS A MEMBER OF THE (a) REGIONAL FISHERIES BOARD

BEFORE COMPLETING THIS FORM THE INSTRUCTIONS AT THE FOOT OF THE FORM SHOULD BE READ BY THE NOMINATOR(S) AND THE CANDIDATE

PART I

The person(s) named below, being members of the same class of the electorate as that of the proposed candidate, hereby nominate the following person to be a candidate at the election of members of the Regional Fisheries Board named:

Full name of candidate:	............................................................ ............................................................ .................
Address of candidate:	............................................................ ............................................................ .................
Class of candidate:	............................................................ ............................................................ .................
Name of Regional Fisheries Board concerned:	............................................................ ............................................................ .................

( a ) Insert name of Board

	Signature of Nominator	Address of Nominator	Class of electorate of nominator	Salmon, eel or oyster fishing licence number; or location or name of rated fishery; or registration details as sea angler; or registration details as former life member of Inland Fisheries Trust Incorporated; or annual share certificate number(s) and electoral category (as appropriate) (of nominator);	Date of signature
1.
2.
3.
4.
5.

PART II

CONSENT OF THE CANDIDATE

I, ................................................ , being the person nominated for election as a member of The ................................. Regional Fisheries Board as described in Part I of this form hereby consent to the said nomination.

My type of fishing licence its *number/the location and/or name of my rated *fishery/my *registration details as a former life member of the Inland Fisheries Trust Incorporated, the *number(s) of my annual share certificate(s), my *registration details as a sea angler is:

________________________________

Signature: ......................................................... Date: .......................................

* Delete whichever is inappropriate

IMPORTANT: Parts I and II of this form must be completed in full. When so completed the form should be delivered by hand or sent by prepaid registered post to:

The Returning Officer

The ............................. (a) Regional Fisheries Board

................................. (b)

...................................

to reach him not later than 12.00 noon on ........................... (c)

(a) Insert name of Board

(b) Insert address of Board

__________________________________________________________

INSTRUCTIONS TO NOMINATOR(S)

(i) Class of Candidate: Insert under this heading on the form the class to which the candidate is nominated, that is:

1. holder of a salmon rod licence,

2. holder of a salmon drift net licence,

3. holder of a salmon fishing licence other than the holder of a salmon rod licence or the holder of a salmon drift net licence,

4. holder of an eel fishing licence,

5. rated occupier of a fishery,

6. ordinary member of a society and registered as a trout anglert with that society,

7. ordinary member of a society and registered as a coarse fish angler with that society,

8. person registered as a sea angler in the Register of Sea Anglers,

9. former life member of the Inland Fisheries Trust Incorporated and registered under section 58 of the Fisheries Act, 1980 , as a trout angler or a coarse fish angler,

10. holder of an oyster fishing licence.

The licences referred to at Nos. 1 to 4 and at No. 10 must have been issued by the Regional Fisheries Board specified in Part I of this form during the year in which the election is held.

The rated occupier of a fishery referred to at No. 5 must relate to a fishery situated within the fisheries region of the Regional Fisheries Board specified in Part I of this form in respect of which fishery he has paid the fishery rate for the fishery year in which the election takes place.

Every ordinary member of a society must be a member for the current year in the case of the 1992 election. In subsequent elections he must be an ordinary member for the year in which the election is held and also have been an ordinary member for any two other years since the previous election.

An ordinary member of a society must be a member of a society established in an area forming part of the fisheries region of the Regional Fisheries Board specified in Part I of this form.

The Register of Sea Anglers referred to at No. 8 must be the register maintained by the Regional Fisheries Board specified in Part I of this form.

The former life member of the Inland Fisheries Trust Incorporated referred to at No. 9 must be registered with the Regional Fisheries Board specified in Part I of this form.

(ii) Nominator(s): Except in the case of a candidate who is a rated occupier of a fishery each candidate must be nominated by at least five nominators one of whom may be the candidate or, in a case where the number of nominators is less than five, by that number of nominators one of whom may be the candidate; provided also that where the number of persons who are so entitled to vote is one that person may nominate himself. Each of these nominators must be a member of the same class of the electorate as the person he is nominating. In the case of a rated occupier of a fishery or his agent duly appointed under Section 328 of the Fisheries (Consolidation) Act, 1959 only one nominator is required who may be the candidate.

(iii) Class of electorate of nominator: Each nominator should insert under this heading on the form the class of the electorate to which he belongs.

INSTRUCTIONS TO CANDIDATE

(i) A person is entitled to be nominated as a candidate of ONE class and ONE class only, at a Regional Fisheries Board election. The candidate and his nominators must be members of the same class. If a candidate is eligible for nomination for more than one class, he must decide the class to which he wishes to be nominated.

(ii) The candidate must insert in the spaces provided in Part II of this form the name of the Regional Fisheries Board concerned, the number and type of his fishing licence, details of his registration in the Register of Sea Anglers, the number(s) of his annual share certificate(s), registration details as a former life member of the Inland Fisheries Trust Incorporated and his electoral category, as appropriate, of the class of candidate of which he is nominated. If the candidate is nominated as the rated occupier of a fishery, he should state the location and/or name of that fishery."

SCHEDULE B

Regulation 7

"SECOND SCHEDULE

(1)	(2)
Ref. No.	Class of Candidate
1.	A person who is the holder of either an ordinary fishing licence authorising the use of a fishing engine of a kind specified in column (1) of Part I of the Fourth Schedule to the Principal Act or a licence to fish for salmon with rod and line and issued under Chapter II of Part VI of the Principal Act and who (in either case) is entitled to vote.
2.	A person who is the holder of an ordinary fishing licence authorising the use of a fishing engine of a kind specified in column (2) of Part II of the Fourth Schedule to the Principal Act at reference number 5 and who is entitled to vote.
3.	A person who is the holder of either an ordinary fishing licence authorising the use of a fishing engine of a kind specified in column (2) of Part II of the Fourth Schedule to the Principal Act at reference numbers 1, 2, 3, 4, 6, 7, 8 or 9 or a licence issued under Chapter II of Part VI of the Principal Act and which relates to a draft net and who (in either case) is entitled to vote.
4.	A person who is the holder of an ordinary fishing licence authorising the use of a fishing engine of a kind specified in column (2) of Part II of the Fourth Schedule to the Principal Act at reference numbers 10, 11, 12, 13 (inserted by section 31) of the Fisheries (Amendment) Act, 1962 ) or 14 (inserted by the Fourth Schedule to the Act of 1980) and who is entitled to vote.
5.	A person who is liable to be rated under section 55 of the Principal Act in respect of a fishery and who is entitled to vote.
6.	A person who is an ordinary member of a society and who is registered as a trout angler with that society and who is entitled to vote.
7.	A person who is an ordinary member of a society and who is registered as a coarse fish angler with that society and who is entitled to vote.
8.	A person who is registered as a sea angler in the Register of Sea Anglers as provided for under section 58 of the Act of 1980 and who is entitled to vote.
9.	A person who is a former life member of the Inland Fisheries Trust Incorporated and who is registered as a trout angler or a coarse fish angler under section 58 of the Act of 1980 and who is entitled to vote.
10.	A person who is the holder of an oyster fishing licence as provided for under section 278 of the Principal Act and who is entitled to vote.".

GIVEN under my Official Seal, this 27th day of October, 1992.

MICHAEL WOODS,

Minister for the Marine.

EXPLANATORY NOTE.

The Regulation provides for change:—

— in the nominations of different classes of candidates for election as member of Regional Boards and

— in the election of such candidates by different classes of electors.