Fisheries Act, 1939
|
PART V. Transfer to the Minister of Certain Fisheries and Provisions in Relation to Fisheries so Transferred. | ||
|
Chapter I. Preliminary. | ||
|
Definitions for purposes of Part V. |
58.—(1) In this Part of this Act— | |
the expression “fixed engine (tidal waters) fishery” means a fishery for salmon, trout or eels carried on in tidal waters by means of a stake weir or other fixed engine in respect of which a certificate has been issued under section 6 of the Salmon Fisheries (Ireland) Act, 1863, and all other rights of fishing for salmon, trout or eels in or on the site of such fishery; | ||
the expression “weir (tidal waters) fishery” means a fishery for salmon, trout or eels carried on in tidal waters by means of a fishing weir (whether constructed of stone or other materials) and the structure of such weir and all other rights of fishing for salmon, trout or eels in or on the site of such fishery; | ||
the expression “weir (fresh water) fishery” means a fishery for salmon, trout, or eels carried on in fresh water by means of a fishing weir (whether constructed of stone or other materials), and the structure of such weir and the land on which such weir is erected and all other rights of fishing for salmon, trout and eels in or on the site of such fishery; | ||
the expression “mill-dam fishery” means a fishery carried on by means of so much of a fishing mill-dam as is used for the purpose of catching or facilitating the catching of fish and so much of the structure of such fishing mill-dam as is used for that purpose, and all other rights of fishing for salmon, trout and eels in or on the site of such fishery; | ||
the expression “transferable fishery” means any fishery which is— | ||
(a) a several fishery in tidal waters (other than a fixed engine (tidal waters) fishery or a weir (tidal waters) fishery), and all rights of fishing for salmon, trout and eels in or at the site of such fishery, or | ||
(b) a fixed engine (tidal waters) fishery, or | ||
(c) a weir (tidal waters) fishery, or | ||
(d) a weir (fresh water) fishery, or | ||
(e) a mill-dam fishery, | ||
but does not include— | ||
(i) any fishery which is vested in the Minister, or | ||
(ii) any fishery which is vested in the Electricity Supply Board or which the Electricity Supply Board is authorised by law to acquire, or | ||
(iii) any fishery vested in the Irish Land Commission, or | ||
(iv) any fishery vested in the Commissioners of Public Works in Ireland; | ||
the expression “vested fishery” means a fishery which is either— | ||
(a) vested in the Minister under Chapter II of this Part of this Act, or | ||
(b) transferred to the Minister under Chapter III of this Part of this Act; | ||
(2) Where the right to fish with rod and line or by any other means in any portion of a river or lake contiguous to a transferable fishery, which is a weir (fresh water) fishery or a mill-dam fishery, is in the same ownership as such transferable fishery, such transferable fishery shall, for the purposes of this Part of this Act, be deemed to include such right and also, in case such right exists by virtue of the ownership of the bed and soil of such portion of such river or lake, the bed and soil of such portion of such river or lake. |