Fisheries (Amendment) Act, 1958

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Number 15 of 1958.

FISHERIES (AMENDMENT) ACT, 1958.

ARRANGEMENT OF SECTIONS

PART I.

Preliminary and General.

PART II.

Miscellaneous Powers of the Minister.

PART III.

Boards of Conservators.

PART IV.

Rates on Fisheries.

PART V.

Licences for Fishing for Salmon, Trout and Eels.

Chapter I.

Ordinary Fishing Licences.

Chapter II.

Licences for Fishing in Special Tidal Waters.

Chapter III.

Restrictions on Issue of Fishing Licences

PART VI.

Regulations as to Nets.

PART VII.

Fishing Weirs, Fishing Mill Dams and Fixed Engines.

PART VIII.

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

PART IX.

Licences for Fishing for Oysters.

PART X.

Powers of Water Keepers, Officers and Servants of Boards of Conservators, Garda Síochána and other Persons for the Enforcement of the Acts and this Act.

PART XI.

Fines and Forfeitures.

FIRST SCHEDULE

Enactments Repealed

SECOND SCHEDULE

Scale of Ordinary Licence Duties

Number 15 of 1958.

FISHERIES (AMENDMENT) ACT, 1958.

AN ACT TO AMEND AND EXTEND THE FISHERIES ACTS, 1842 TO 1956, IN RESPECT OF CERTAIN MATTERS, INCLUDING THE RIGHT TO VOTE AT ELECTIONS OF CONSERVATORS FOR ELECTORAL DIVISIONS, FISHING LICENCES (INCLUDING LICENCES TO TAKE OYSTERS FROM OYSTER FISHERIES) AND THE LICENCE DUTIES PAYABLE THEREON, TO RE-ENACT, WITH MODIFICATIONS, THE SALMON CONSERVANCY FUND ACT, 1954 AND TO PROVIDE FOR OTHER RELATED MATTERS. [1st July, 1958.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I.

Preliminary and General.

Short title and collective citation.

1.—(1) This Act may be cited as the Fisheries (Amendment) Act, 1958.

(2) The Fisheries Acts, 1842 to 1956, and this Act may be cited together as the Fisheries Acts, 1842 to 1958.

Commencement.

2.—(1) This Act (except sections 4, 6, 9 to 18, 23, 24, 28 to 30 and the First and Second Schedules) shall come into operation immediately upon the passing thereof.

(2) The following provisions of this Act namely, sections 4, 6, 9 to 18 and the First and Second Schedules shall come into operation on the 1st day of December, 1958.

(3) The following provisions of this Act, namely, sections 23, 24 and 28 to 30 shall come into operation on such day or days as shall be fixed for that purpose by order of the Minister either generally or with reference to any particular provision and different days may be so fixed for different such provisions.

Interpretation generally.

3.—(1) In this Act—

the expression “the Acts” means the Fisheries Acts, 1842 to 1956;

the expression “the Act of 1848” means the Fisheries (Ireland) Act, 1848;

the expression “the Act of 1850” means the Fisheries (Ireland) Act, 1850;

the expression “the Act of 1925” means the Fisheries Act, 1925 (No. 32 of 1925);

the expression “the Act of 1934” means the Fisheries (Tidal Waters) Act, 1934 (No. 24 of 1934);

the expression “the Act of 1939” means the Fisheries Act, 1939 (No. 17 of 1939);

the expression “the Minister” means the Minister for Lands;

the expression “election year” means the year 1958 and every third successive year thereafter;

the expression “ordinary fishing licence” means a fishing licence issued under Chapter I of Part V of this Act;

the expression “ordinary licence duty” means the duty payable under Chapter I of Part V of this Act for an ordinary fishing licence;

the expression “oyster fishing licence” means a fishing licence issued under Part IX of this Act;

the expression “salmon rod licence” means a licence to fish with rod and line for salmon;

the expression “salmon rod ordinary licence” means an ordinary fishing licence to fish with rod and line for salmon;

the expression “salmon rod (annual) ordinary licence” means a salmon rod ordinary licence which is valid for a period of one year and is available for use in every fishery district;

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 of the board of conservators by which it was issued and in no other fishery district;

the expression “salmon rod (Foyle Area) licence” means a salmon rod licence issued in pursuance of regulations made under the Foyle Fisheries Act, 1952 (No. 5 of 1952), which is valid for a year;

the expression “salmon rod (late season) 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 every 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 of the board of conservators by which it was issued and in no other fishery district;

the expression “salmon rod (seven day) ordinary licence” means a salmon rod ordinary licence which is valid for a period of seven days;

the expression “salmon rod (twenty-one day) ordinary licence” means a salmon rod ordinary licence which is valid for a period of twenty-one days;

the expression “scheduled engine” means an engine of the kind specified in the Second Schedule to this Act;

the expression “special local licence” has the meaning assigned to it by the Act of 1934;

the expression “special tidal waters” means any tidal waters in respect of which an order, made under section 2 of the Act of 1934, is for the time being in force.

(2) This Act shall be construed as one with the Acts.

(3) In this Act, references to any enactment shall be construed as references to that enactment as amended by any subsequent enactment, including this Act.

Repeals.

4.—The enactments specified in the First Schedule to this Act are hereby repealed to the extent specified in column (3) of the said Schedule.

PART II.

Miscellaneous Powers of the Minister.

Power of Minister to grant fish culture licences.

5.—(1) The Minister may, whenever and so often as he thinks fit, by licence (in this section referred to as a fish culture licence) authorise, subject to such conditions as he thinks fit and specifies in the licence, a named person to carry on at a specified place such operations, in relation to the culture of fish of a specified kind, as may be specified in the licence.

(2) Notwithstanding anything contained in the Acts or this Act or any instrument made thereunder, a person to whom a fish culture licence is granted and any person acting under the directions of such first-mentioned person may, subject to the conditions specified in the licence, do any of the things authorised by the licence.

(3) The Minister, if he so thinks fit, may amend a fish culture licence within ten years from the date on which the licence was granted.

(4) The Minister may revoke a fish culture licence—

(a) if the licensee is convicted of an offence under the Acts or this Act or any instrument made thereunder, or

(b) if he is satisfied that there has been a breach of any condition specified in the licence.

(5) The following provisions shall apply in relation to the amendment or revocation of a fish culture licence under this section—

(a) the Minister shall not amend or revoke the licence unless and until he has given by post to the licensee at least one fortnight's notice in writing stating that the Minister has under consideration, as the case may be, the amendment or revocation of the licence,

(b) the notice shall also state—

(i) in case it states that the Minister has under consideration the amendment of the licence— the specific amendment under consideration and the grounds on which it is so under consideration, or

(ii) in case it states that the Minister has under consideration the revocation of the licence— the grounds on which such revocation is so under consideration,

(c) the Minister shall consider any representations in relation to such amendment or revocation, as the case may be, made to him by the licensee before the expiration of the notice.

PART III.

Boards of Conservators.

Exclusion of certain licence duties in computing scale of votes at elections of conservators.

6.—(1) In this section the expression “excepted licence” means any licence being—

(a) a fishing licence issued in an election year, but after the 31st day of July in that year, or

(b) a salmon rod licence which is valid for a period of less than one year, or

(c) a salmon rod ordinary licence valid for a particular year which is issued to a person who is the holder of a salmon rod (Foyle Area) licence valid for that year, or

(d) a salmon rod licence in respect of which a reduced rate of licence duty is payable under subsection (5) of section 4 of the Act of 1934, or

(e) a trout rod licence.

(2) In computing for the purposes of the scale contained in subsection (1) of section 8 of the Act of 1925, the licence duty paid by any person, no account shall be taken of the licence duty paid in respect of an excepted licence.

Right of holders of oyster fishing licences to vote at election of conservators and scale of votes.

7.—(1). Every person, who is the holder of one or more oyster fishing licences which or each of which is valid for a particular election year and is issued in a particular electoral division, shall be entitled to vote in person at the election of conservators to be held in that year for that electoral division and shall have thereat a vote or votes according to the scale set out in subsection (1) of section 8 of the Act of 1925.

(2) A person who is entitled by virtue of subsection (1) of this section to vote at any election of conservators for an electoral division to be held in a particular election year shall—

(a) be deemed, for the purpose of the choosing of the chairman to preside at the meeting for such election, a person who has paid licence duty for such year in such electoral division, and

(b) be eligible to be chosen as chairman of such meeting.

The Salmon Conservancy Fund.

8.—(1) In this section—

“the Act of 1954” means the Salmon Conservancy Fund Act, 1954 (No. 4 of 1954) (repealed by this Act);

“the Fund” means the Salmon Conservancy Fund established by section 5 of the Act of 1954;

“prescribed” means prescribed by regulations made by the Minister;

“salmon” does not include salmon preserved and contained in tins, bottles, jars or similar containers holding only portions of fish or products of fish.

(2) The Minister shall continue to maintain the Fund.

(3) (a) The Minister may from time to time by order provide that no person shall export salmon unless there is produced at the time of exportation evidence in such form as may be prescribed of the payment at the prescribed rate of levy on such salmon.

(b) The Minister may, after consultation with the Minister for Finance, by order revoke an order under paragraph (a) of this subsection.

(4) (a) The Minister may, from time to time, after consultation with the Minister for Finance, by regulations prescribe the rate of levy to be paid on salmon for export and the manner of payment.

(b) Different rates of levy may be prescribed for different periods.

(c) Subject to paragraph (d) of this subsection the rate of levy shall not exceed two pence per lb.

(d) The Minister may from time to time by order provide that the levy may be prescribed at a specified rate exceeding two pence per lb. but no such order shall have effect unless and until it is confirmed by resolution of each House of the Oireachtas.

(5) Every board of conservators and every other person collecting levy under this section shall as soon as may be pay to the Minister all sums so collected.

(6) (a) Whenever, by virtue of an order made under paragraph (b) of subsection (1) of section 15 of this Act, the ordinary licence duty for the time being payable in respect of a salmon rod (annual) ordinary licence which is to be valid for a particular year exceeds two pounds, each board of conservators shall, in respect of each such licence issued by it which is valid for that year, pay to the Minister, before the expiration of that year, a sum equal to the excess.

(b) Whenever, by virtue of an order made under paragraph (b) of subsection (1) of section 15 of this Act, the ordinary licence duty for the time being payable, in respect of a salmon rod (seven day) ordinary licence which is to be valid for a particular period of seven days exceeds one pound, each board of conservators shall, in respect of each such licence issued by it which is valid for that period, pay to the Minister, before the expiration of the year in which that period falls, a sum equal to the excess.

(c) Whenever, by virtue of an order made under paragraph (b) of subsection (1) of section 15 of this Act, the ordinary licence duty for the time being payable in respect of a salmon rod (twenty-one day) ordinary licence which is to be valid for a particular period of twenty-one days exceeds one pound and ten shillings, each board of conservators shall, in respect of each such licence issued by it which is valid for that period, pay to the Minister, before the expiration of the year in which that period falls, a sum equal to the excess.

(d) Whenever, by virtue of an order made under paragraph (b) of subsection (1) of section 15 of this Act, the ordinary licence duty for the time being payable in respect of a salmon rod (late season) ordinary licence which is to be valid for a particular period of six months commencing on a first day of July exceeds one pound and ten shillings, each board of conservators shall, in respect of each such licence issued by it which is valid for that period, pay to the Minister, before the expiration of the year in which that period falls, a sum equal to the excess.

(e) Whenever, by virtue of an order made under paragraph (c) of subsection (2) of section 15 of this Act, the ordinary licence duty for the time being payable in respect of a salmon rod (annual) ordinary licence (being a licence which is to be valid for a particular year and is issued to a person who is the holder of a salmon rod (Foyle Area) licence which is valid for that year) exceeds ten shillings, each board of conservators shall, in respect of each such licence issued by it which is valid for that year, pay to the Minister, before the expiration of that year, a sum equal to the excess.

(7) Any moneys received by the Minister under subsection (5) or (6) of this section shall be paid into the Fund.

(8) (a) The Minister may from time to time, with the consent of the Minister for Finance, pay into the Fund out of moneys provided by the Oireachtas such sums as may be required to enable payments to be made under paragraph (a) of subsection (9) of this section.

(b) Payments into the Fund under this subsection may be made either by way of grant or of advances repayable on such terms as may be approved by the Minister for Finance.

(9) (a) The Minister may pay out of the Fund—

(i) such sums as he thinks proper to supplement the income of any board of conservators whose income in any year appears to him to be insufficient to defray the expenses of such board of conservators in the performance of its duties,

(ii) such sums towards the expenses incurred in connection with any scheme for the improvement of the inland fisheries as the Minister thinks proper.

(b) The Minister shall pay out of the Fund the costs of the administration of the Fund.

(c) The Minister shall pay out of the Fund all payments due in respect of advances to the Fund under subsection (8) of this section.

(10) An account of the Fund shall be prepared for each financial year in a form approved of by the Minister for Finance and the account shall be audited by the Comptroller and Auditor General and, together with the report of the Comptroller and Auditor General thereon, shall be laid before each House of the Oireachtas.

(11) (a) The Minister may make regulations requiring persons by whom levy is payable under this section or any class of such persons to be registered in the prescribed manner, to keep such records and afford such facilities for their inspection and to furnish such returns as may be prescribed.

(b) Any person who contravenes, whether by action or omission, any regulation made under this subsection shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds.

(12) The Minister may make regulations in relation to any matter or thing referred to in this section as prescribed.

(13) The expenses incurred by the Minister in the administration of this section and not elsewhere provided for shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

(14) Any order or regulation made under the Act of 1954 and in force immediately before the passing of this Act shall continue in force and be deemed to have been made under this section.

(15) The Act of 1954 is hereby repealed.

Seal of board of conservators.

9.—The board of conservators for a fishery district shall provide itself with a seal.

PART IV.

Rates on Fisheries.

Amendment of section 23 of the Act of 1848.

10.—The references in section 23 (which relates to rates on fisheries) of the Act of 1848, as amended by subsection (8) of section 13 of the Act of 1925, to the licence duties by the Act of 1848 provided shall be construed as references to the licence duties provided by section 15 of this Act.

PART V.

Licences for Fishing for Salmon, Trout and Eels.

Chapter I.

Ordinary Fishing Licences.

Non-application of this Chapter to special tidal waters.

11.—This Chapter shall not apply to the use in any special tidal waters of a fishing engine for the taking of salmon or trout.

Penalty for using unlicensed scheduled engine, other than rod and line.

12.—(1) If any person uses or erects in any fishery district any scheduled engine, for the taking of salmon, trout or eels, in respect of which there is not for the time being in force an ordinary fishing licence authorising the use of that engine in that fishery district, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine of not less than double and not more than treble the ordinary licence duty for the time being payable in respect of an ordinary fishing licence to use that engine.

(2) Where a person is convicted of an offence under this section the engine in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.

(3) This section does not apply to the use of rod and line.

Penalty for fishing for or taking salmon with rod and line by unlicensed person.

13.—(1) If—

(a) any person fishes for or takes or kills salmon with rod and line in a fishery district and

(b) such person is not the holder of a salmon rod ordinary licence which is for the time being in force and is available for use in that fishery district,

such person shall be guilty of an offence under this section and shall be liable on summary conviction to a fine of not less than double and not more than treble the ordinary licence duty for the time being payable in respect of a salmon rod (annual) ordinary licence, other than a salmon rod (annual) ordinary licence to which subsection (2) of section 15 of this Act applies.

(2) Where a person is convicted of an offence under this section, the rod and line in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.

Provisions in relation to ordinary fishing licences.

14.—(1) Every board of conservators shall, in accordance with the provisions of the Acts and the subsequent subsections of this section, issue fishing licences (in this Act referred to as ordinary fishing licences) in respect of scheduled engines.

(2) (a) A board of conservators shall not issue salmon rod (late season) (district) ordinary licences unless there is for the time being in force an order under paragraph (b) of this subsection authorising that board of conservators to issue licences of that class.

(b) The Minister may by order (either on his own motion or on the application of the board of conservators) authorise a board of conservators to issue salmon rod (late season) (district) ordinary licences.

(c) The Minister may at any time by order revoke an order made under paragraph (b) of this subsection.

(3) (a) The periods for which ordinary fishing licences are to be issued shall be—

(i) in the case of salmon rod ordinary licences—seven days, twenty-one days, one year and a period of six months commencing on a first day of July,

(ii) in the case of other ordinary fishing licences—one year.

(b) Salmon rod ordinary licences issuable for seven days shall be called, and are in this Act referred to as, salmon rod (seven day) ordinary licences.

(c) Salmon rod ordinary licences issuable for twenty-one days shall be called, and are in this Act referred to as, salmon rod (twenty-one day) ordinary licences.

(d) Salmon rod ordinary licences issuable for a year and available for use in every fishery district shall be called, and are in this Act referred to as, salmon rod (annual) ordinary licences.

(e) Salmon rod ordinary licences issuable for a year and available for use in the fishery district of the board of conservators 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.

(f) Salmon rod ordinary licences issuable for a period of six months commencing on a first day of July and available for use in every fishery district shall be called, and are in this Act referred to as, salmon rod (late season) ordinary licences.

(g) Salmon rod ordinary licences issuable for a period of six months commencing on a first day of July and available for use in the fishery district of the board of conservators 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.

(4) (a) A salmon rod (seven day) ordinary licence shall be valid and in force for the period of seven days commencing on the date specified in that behalf in the licence.

(b) A salmon rod (twenty-one day) ordinary licence shall be valid and in force for the period of twenty-one days commencing on the date specified in that behalf in the licence.

(c) A salmon rod (late season) ordinary licence or a salmon rod (late season) (district) ordinary licence shall be valid and in force for the period of six months commencing on the date (being a first day of July) specified in that behalf in the licence.

(d) An ordinary fishing licence (other than a salmon rod (seven day) ordinary licence, a salmon rod (twenty-one day) ordinary licence, a salmon rod (late season) ordinary licence or a salmon rod (late season) (district) ordinary licence) shall be valid and in force for the year specified in that behalf in the licence.

(5) A separate ordinary fishing licence shall be issued for each separate fishing engine.

(6) Every ordinary fishing licence issued by the board of conservators for a fishery district 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 that fishery district,

(iii) unless it is a salmon rod (seven day) ordinary licence, or a salmon rod (twenty-one day) ordinary licence, or a salmon rod (late season) ordinary licence, or a salmon rod (late season) (district) ordinary licence or a salmon rod (annual) ordinary licence to which subsection (2) of section 15 of this Act applies or a salmon rod (annual) (district) ordinary licence to which subsection (3) of the said section 15 applies—the name of the electoral division (being an electoral division of such fishery district) in which it is issued,

(iv) the kind of fishing engine to which it relates.

(7) Every ordinary fishing licence shall be sealed with the seal of the board of conservators by which it is issued.

(8) Each of the following ordinary fishing licences shall be available for use in the fishery district of the board of conservators 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.

(9) A salmon rod ordinary licence (not being a salmon rod (annual) (district) ordinary licence or a salmon rod (late season) (district) ordinary licence) shall be available for use in every fishery district.

(10) Every salmon rod ordinary licence shall specify the name and address of the person to whom it is issued and such licence shall not be available for use by any person except the person named therein or be transferred to any other person.

(11) Every ordinary fishing licence (other than a salmon rod ordinary licence) shall operate to authorise the use, during the period specified therein and in the fishery district specified therein, of a fishing engine of the kind specified therein, but subject to the provisions of the Acts and this Act and any instrument made thereunder.

(12) Every salmon rod ordinary licence (not 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 every fishery district, a salmon rod, but subject to the provisions of the Acts and this Act and any instrument made thereunder.

(13) 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 of the board of conservators by which it was issued, a salmon rod, but subject to the provisions of the Acts and this Act and any instrument made thereunder.

Duties on ordinary fishing licences.

15.—(1) (a) Subject to paragraphs (b) and (c) of this subsection, the ordinary licence duty in respect of a salmon rod ordinary licence of the class specified in column (2), (3), (4), (5), (6) or (7) of Part I of the Second Schedule to this Act shall be the sum set out in whichever of those columns relates to a salmon rod ordinary licence of that class.

(b) The Minister may, from time to time, by order alter the ordinary licence duty in respect of a salmon rod ordinary licence of a particular class specified in Part I of the Second Schedule to this Act, so however that the ordinary licence duty in respect of such a licence shall not be so altered that it exceeds twice the sum fixed in respect thereof by paragraph (a) of this subsection.

(c) This subsection does not apply to the ordinary licence duty payable in respect of—

(i) a salmon rod (annual) ordinary licence to which subsection (2) of this section applies, or

(ii) a salmon rod (annual) (district) ordinary licence to which subsection (3) of this section applies.

(2) (a) This subsection applies to a salmon rod (annual) ordinary licence which is valid for a particular year and is issued to a person who is the holder of a salmon rod (Foyle Area) licence which is valid for that year.

(b) Subject to paragraph (c) of this subsection the ordinary licence duty payable in respect of a salmon rod (annual) ordinary licence to which this subsection applies shall be ten shillings.

(c) Wherever the Minister makes, under paragraph (b) of subsection (1) of this section, an order altering the ordinary licence duty in respect of a salmon rod (annual) ordinary licence, he may by order alter the annual licence duty payable in respect of a salmon rod (annual) ordinary licence to which this subsection applies.

(3) (a) This subsection applies to a salmon rod (annual) (district) ordinary licence which is valid for a particular year and is issued to a person who is the holder of a salmon rod (Foyle Area) licence which is valid for that year.

(b) Subject to paragraph (c) of this subsection the ordinary licence duty payable in respect of a salmon rod (annual) (district) ordinary licence to which this subsection applies shall be ten shillings.

(c) Whenever the Minister makes, under paragraph (b)of subsection (1) of this section, an order altering the ordinary licence duty in respect of a salmon rod (annual) (district) ordinary licence, he may by order alter the annual licence duty payable in respect of a salmon rod (annual) (district) ordinary licence to which this subsection applies.

(4) (a) Subject to paragraph (b) of this subsection, the ordinary licence duty in respect of an ordinary fishing licence authorising the use of a fishing engine of a kind specified in column (2) of Part II of the Second Schedule to this Act at any reference number shall be the sum set out in column (3) of the said Part II at that reference number.

(b) The Minister may, from time to time, by order alter the ordinary licence duty in respect of an ordinary fishing licence authorising the use of a fishing engine of a kind specified in column (2) of Part II of the Second Schedule to this Act at any reference number, so however that the said ordinary licence duty shall not be so altered that it exceeds twice the sum specified in column (3) of the said Part II at that reference number.

(5) Where the licence duty in respect of a licence to use an engine (not being a scheduled engine) has been fixed under section 21 of the Act of 1848, as amended by section 9 of the Act of 1850, in respect of a particular fishery district, then, as respects such fishery district the following provisions shall have effect—

(a) such engine shall for the purposes of this Act become and be a scheduled engine,

(b) the ordinary licence duty payable in respect of a licence to use such engine shall, subject to paragraph (c) of this subsection, be that so fixed under the said section 21, as so amended,

(c) the Minister may, from time to time, by order alter the ordinary licence duty in respect of a licence to use such engine, so however that the ordinary licence duty in respect of such a licence shall not be so altered that it exceeds twice the sum fixed in respect thereof under the said section 21, as so amended.

(6) Where the ordinary licence duty in respect of an ordinary fishing licence is altered under any of the following provisions of this section, namely paragraph (b) of subsection (1), paragraph (c) of subsection (2), paragraph (c) of subsection (3), paragraph (b) of subsection (4) and paragraph (c) of subsection (5), the duty as so altered shall be payable in respect of any such ordinary fishing licence which is to be valid for a period commencing on or after the 1st day of January next following the making of the order which effected the alteration.

Amendment of section 21 of the Act of 1848 and section 9 of the Act of 1850.

16.—(1) In section 21 (which relates to engines not enumerated in the Schedule) of the Act of 1848, the references to the Schedule to that Act shall be construed as references to Part II of the Second Schedule to this Act.

(2) In section 9 (which relates to appeals against licence duty fixed under section 21 of the Act of 1848) of the Act of 1850, the reference to the Schedule annexed to the Act of 1848 shall be construed as a reference to Part II of the Second Schedule to this Act.

Chapter II.

Licences for Fishing in Special Tidal Waters.

Amendments of the Act of 1934.

17.—(1) In subsection (4) of section 4 (which relates to special local licences and duties thereon) of the Act of 1934, the reference to the licence duty payable under the Fisheries Acts, 1842 to 1925, in respect of an ordinary licence shall be construed as a reference to the licence duty payable under this Act in respect of an ordinary fishing licence.

(2) In subsection (5) of section 4 of the Act of 1934, the words “such sum as may with the consent of the Minister for Finance be specified in the order” shall be substituted for the words “thirty shillings”.

(3) In subsection (3) of section 5 (which relates to form and effect of special local licences) of the Act of 1934, the reference to the Fisheries Acts, 1842 to 1925, shall be construed as a reference to the Acts and this Act.

(4) In subsection (1) of section 11 (which relates to forfeiture of special local licences) of the Act of 1934, the reference to the Fisheries Acts, 1842 to 1925, shall be construed as a reference to the Acts and this Act.

(5) In subsection (1) of section 13 (which relates to payments to the Minister by boards of conservators) of the Act of 1934,—

(a) the reference to the Fisheries Acts, 1842 to 1925, shall be construed as a reference to this Act, and

(b) the reference to an ordinary licence shall be construed as a reference to an ordinary fishing licence.

Chapter III.

Restrictions on Issue of Fishing Licences.

Prohibition of issue of ordinary fishing licences in respect of special tidal waters.

18.—No ordinary fishing licence shall be issued in respect of any special tidal waters.

PART VI.

Regulations as to Nets.

Amendment of section 35 of the Act of 1939.

19.—In paragraph (e) of subsection (1) of section 35 (which restricts the use of nets in freshwater) of the Act of 1939 the words “and is used in a several fishery” shall be deleted.

PART VII.

Fishing Weirs, Fishing Mill Dams and Fixed Engines.

Amendment of section 33 of the Act of 1939.

20.—(1) The Minister may, if he thinks fit, by order authorise a named person to erect, in accordance with plans approved by the Minister, at a specified place in the freshwater portion of a specified river or lake, a specified kind of fishing engine (being a fishing weir, fishing mill dam or fixed engine) for the capture of eels.

(2) Nothing in section 33 of the Act of 1939 shall apply to the erection, by a person authorised by an order made under subsection (1) of this section to erect a specified kind of fishing engine (being a fishing weir, a fishing mill dam or fixed engine) for the capture of eels, of that kind of fishing engine under and in accordance with such order.

Amendment of section 34 of the Act of 1939.

21.—(1) (a) The Minister may, if he thinks fit, grant to the occupier of a fishing engine (being a fishing weir, fishing mill dam or fixed engine) for the capture of eels, an authorisation (in this section referred to as an eel fishery authorisation) to use such fishing engine for the capture of eels.

(b) The Minister may attach to an eel fishery authorisation such conditions (including a condition limiting the period during which the authorisation is to remain in force) as he thinks fit.

(c) The Minister, if he so thinks fit, may amend an eel fishery authorisation within ten years from the date on which the authorisation was granted.

(d) The Minister may revoke an eel fishery authorisation—

(i) if the holder thereof is convicted of an offence under the Acts or this Act or any instrument made thereunder, or

(ii) if he is satisfied that there has been a breach of any condition attached to the authorisation.

(2) The following provisions shall apply in relation to the amendment or revocation of an eel fishery authorisation under this section—

(a) the Minister shall not amend or revoke the authorisation unless and until he has given by post to the holder thereof at least one fortnight's notice in writing stating that the Minister has under consideration, as the case may be, the amendment or revocation of the authorisation,

(b) the notice shall also state—

(i) in case it states that the Minister has under consideration the amendment of the authorisation—the specific amendment under consideration and the grounds on which it is so under consideration, or

(ii) in case it states that the Minister has under consideration the revocation of the authorisation—the grounds on which such revocation is so under consideration,

(c) the Minister shall consider any representations in relation to such amendment or revocation, as the case may be, made to him by the holder of the authorisation before the expiration of the notice.

(3) Nothing in section 34 of the Act of 1939 shall apply to the use of a fishing engine (being a fishing weir, fishing mill dam or fixed engine) in respect of which there is for the time being in force, an eel fishery authorisation, so long as it is used in accordance with such authorisation.

Operation of eel fishing weirs without free gap.

22.—(1) The Minister, if he thinks fit, may by order authorise the operation of a specified eel fishing weir without a free gap, subject to such conditions (if any) as the Minister thinks fit and specifies in the order.

(2) (a) The Minister may at any time by order revoke an order under subsection (1) of this section authorising the operation, subject to conditions, of an eel fishing weir without a free gap, if the occupier of such weir—

(i) is convicted of an offence under the Acts or this Act or any instrument made thereunder, or

(ii) has failed to comply with those conditions.

(b) The following provisions shall apply in relation to the revocation under paragraph (a) of this subsection of an order made under subsection (1) of this section authorising the operation of an eel fishing weir without a free gap—

(i) the Minister shall not revoke the order unless and until he has given by post to the occupier of such weir at least one fortnight's notice in writing stating that the Minister has under his consideration the revocation of the order and stating the grounds on which the revocation is so under consideration,

(ii) the Minister shall consider any representations in relation to such revocation made to him by the occupier before the expiration of the said notice,

(3) Where an order is made under subsection (1) of this section authorising the operation of an eel fishing weir without a free gap, then, so long as the order remains in force, none of the provisions of the Acts relating to free gaps in fishing weirs shall apply in respect of such weir in so far as it is used for the capture of eels only.

PART VIII.

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

Meaning of “trout” in certain provisions of the Acts.

23.—In Part III of the Act of 1925 and sections 42 and 44 of the Act of 1939, the word “trout” includes fish commonly called or known as rainbow trout.

PART IX.

Licences for Fishing for Oysters.

Restrictions on taking oysters.

24.—(1) If any person takes in a fishery district any oysters from an oyster fishery otherwise than by means of an oyster fishing engine in respect of which there is for the time being in force an oyster fishing licence authorising the use of such oyster fishing engine in that fishery district, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine of not less than double and not more than treble the licence duty for the time being payable in respect of an oyster fishing licence.

(2) Where a person is convicted of an offence under this section and an oyster fishing engine was used in the commission of such offence, such oyster fishing engine shall, as a statutory consequence of conviction, stand forfeited.

Provisions in relation to oyster fishing licences.

25.—(1) Boards of conservators shall, in accordance with this section, issue licences (in this Act referred to as oyster fishing licences) in respect of oyster fishing engines.

(2) The period for which oyster fishing licences are to be issued shall be one year.

(3) An oyster fishing licence shall be valid and in force for the year specified in that behalf in the licence.

(4) A separate oyster fishing licence shall be issued for each separate oyster fishing engine.

(5) Every oyster fishing licence issued by the board of conservators for a fishery district shall—

(a) be in such form as the Minister may direct,

(b) state thereon—

(i) the year for which it is to be valid and in force,

(ii) the number or name of that fishery district,

(iii) the electoral division (being an electoral division of such fishery district) in which it is issued,

(iv) the oyster fishing engine to which it relates,

(v) the name of the person to whom it is issued,

(c) be sealed with the seal of such board of conservators.

(6) An oyster fishing licence shall be available for use in the fishery district of the board of conservators by which it was issued and in no other fishery district.

(7) Every oyster fishing licence shall operate to authorise, during the year specified therein and in the fishery district specified therein, the use of the oyster fishing engine specified therein, but subject to the provisions of the Acts and any instrument made thereunder.

Licence duty on oyster fishing licences.

26.—(1) Subject to subsection (2) of this section, the licence duty on each oyster fishing licence shall be two pounds.

(2) The Minister may, from time to time, by order, alter the licence duty in respect of an oyster fishing licence, so however that the licence duty in respect of such a licence shall not be so altered that it exceeds four pounds.

(3) Where the licence duty in respect of an oyster fishing licence is altered under subsection (2) of this section, the duty as so altered shall be payable in respect of any such oyster fishing licence which is to be valid for a period commencing on or after the 1st day of January next following the making of the order which effected the alteration.

Right to issue of oyster fishing licences.

27.—Where a person applies to a board of conservators for an oyster fishing licence and tenders the licence duty for the time being payable in respect thereof such board shall issue such licence to such person.

PART X.

Powers of Water Keepers, Officers and Servants of Boards of Conservators, Garda Síochána and other Persons for the Enforcement of the Acts and this Act.

Persons using oyster fishing engines to produce licence therefor on demand.

28.—(1) In this section, the expression “authorised person” means any person being—

(a) a member of the Garda Síochána, or

(b) a private water keeper, or

(c) an inspector of a board of conservators, or

(d) a water keeper appointed by a board of conservators, or

(e) an officer appointed by the Minister, or

(f) a member of a board of conservators.

(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 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 of not less than the licence duty for the time being payable in respect of such licence and not more than double such licence duty.

(3) Any person who when the production of an oyster fishing licence is lawfully demanded of him under this section does not produce such licence because there is no such licence shall be deemed to fail to produce such licence within the meaning of this section.

PART XI.

Fines and Forfeitures.

Extension of section 10 of the Fisheries (Amendment) Act, 1949 to fines for certain offences under the oyster fisheries enactments.

29.—Subsection (1) of section 10 (which relates to payments by the Minister in respect of fines for offences under the salmon fisheries enactments) of the Fisheries (Amendment) Act, 1949 (No. 18 of 1949), shall have effect as if the reference therein to an offence under the salmon fisheries enactments included a reference to an offence under any of the following enactments—

1.Section 36 (in so far as it relates to oysters and oyster brood) of the Fisheries (Ireland) Act, 1842.

2. Section 19 of the Fisheries (Ireland) Act, 1845.

3. Section 2 of the Oyster Beds (Ireland) Act, 1866.

4. Section 13 of the Oyster Fishery (Ireland) Amendment Act, 1866.

5. Section 13 of the Oyster Cultivation (Ireland) Act, 1884.

6. Sections 24 and 28 of this Act.

Extension of section 15 of the Fisheries (Amendment) Act, 1949 to proceeds of forfeitures under certain oyster fisheries enactments.

30.— Section 15 (which relates to payments by the Minister in respect of proceeds of forfeitures under the salmon fisheries enactments) of the Fisheries (Amendment) Act, 1949 (No. 18 of 1949), shall have effect as if the reference therein to a thing forfeited under the salmon fisheries enactments included a reference to a thing forfeited under any of the following enactments—

1.Section 36 (in so far as it relates to oysters and oyster brood) of the Fisheries (Ireland) Act, 1842.

2.Section 19 of the Fisheries (Ireland) Act, 1845.

3. Section 24 of this Act.

FIRST SCHEDULE.

Enactments Repealed.

Section 4.

SECOND SCHEDULE.

Scale of Ordinary Licence Duties.

Section 15.

Part I.

Licence Duties in Respect of Salmon Rod Ordinary Licences.

Part II.

Other Ordinary Licence Duties.