Fisheries (Consolidation) Act, 1959

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Number 14 of 1959.

FISHERIES (CONSOLIDATION) ACT, 1959.

ARRANGEMENT OF SECTIONS

Part I

PRELIMINARY AND GENERAl

Part II

MISCELLANEOUS POWERS AND DUTIES OF THE MINISTER

Part III

FISHERY DISTRICTS AND ELECTORAL DIVISIONS

Part IV

BOARDS OF CONSERVATORS

Part V

RATES ON FISHERIES

Part VI

LICENCES FOR FISHING FOR SALMON, TROUT AND EELS

Chapter I

Ordinary Fishing Licences

Chapter II

Licences for Fishing in Special Tidal Waters

Chapter III

Licences for Fishing for Trout with Rod and Line in Certain Waters

Chapter IV

Restrictions on Issue of Fishing Licences

Chapter V

Forfeiture of Licences

Part VII

REGULATIONS AS TO NETS

Part VIII

FIXED ENGINES, FISHING WEIRS, FISHING MILL DAMS AND OTHER OBSTRUCTIONS TO THE PASSAGE OF FISH

Chapter I

Prohibition of Fixed Engines, Fishing Weirs and Fishing Mill Dams with Certain Exceptions

Chapter II

Restrictions on Sites of Fixed Engines

Chapter III

Regulations as to the Construction and User of Fixed Engines

Chapter IV

Regulations as to Fishing Weirs and Fishing Mill Dams

Chapter V

Dams and Natural Obstructions

Part IX

RESTRICTIONS AS TO TIMES OF FISHING FOR SALMON, TROUT, POLLEN, AND EELS, AND ANCILLARY PROVISIONS

Chapter I

Salmon and Trout

Chapter II

Pollen

Chapter III

Eels

Part X

RESTRICTIONS ON SALE AND EXPORT FOR SALE OF SALMON AND TROUT

Part XI

MISCELLANEOUS PROVISIONS IN RELATION TO SALMON AND FRESH WATER FISHERIES

Chapter I

Prohibition of Certain Methods of fishing for, and of Practices Liable to Destroy Salmon and Other Fish

Chapter II

Protection of Fishing Waters from Poisoning and Pollution

Chapter III

Protection of Young and Breeding Fish

Chapter IV

Protection of Private Fisheries

Chapter V

Other Provisions

PART XII

TRANSFERS TO THE MINISTER OF CERTAIN FISHERIES AND PROVISIONS IN RELATION TO FISHERIES SO TRANSFERRED

Chapter I

Definitions and Evidence of Existence of Several Fisheries in Tidal Waters

Chapter II

Transfer to the Minister of Transferable Fisheries

Chapter III

Transfer to the Minister of certain State Fisheries

Chapter IV

Acquisition of Land, etc. by the Minister for Purposes of the Management, Operation and Protection of Vested Fisheries

Chapter V

Operation and Disposal of Vested Fisheries

Chapter VI

Supplementary Provisions

Part XIII

SEA FISHERIES

Chapter I

Preliminary

Chapter II

Provisions Applicable to Exclusive Fishery Limits of the State

Chapter III

Provisions Applicable to Undersized Sea-Fish

Chapter IV

Ancillary Provisions Relating to Chapters II and III of Part XIII

Chapter V

Other Provisions relating to Sea Fisheries

Part XIV

OYSTERS

Chapter I

Definitions

Chapter II

Oyster Bed Licences

Chapter III

Oyster Fishery Orders

Chapter IV

Close Season for Oysters

Chapter V

Protection of Oyster Fisheries

Chapter VI

Licences for Fishing for Oysters

Part XV

MOLLUSCS (OTHER THAN OYSTERS)

Part XVI

CRABS

Part XVII

PENALTIES FOR MISCELLANEOUS OFFENCES

Part XVIII

POWERS OF WATER KEEPERS, OFFICERS AND SERVANTS OF BOARDS OF CONSERVATORS, GARDA SÍOCHÁNA AND OTHER PERSONS FOR THE ENFORCEMENT OF THIS ACT

Part XIX

LEGAL PROCEEDINGS, FINES, FORFEITURES, EVIDENCE, INQUIRIES AND SERVICE OF DOCUMENTS

Legal Proceedings

Fines

Forfeiture

Evidence

Inquiries

Service of documents

Part XX

MISCELLANEOUS PROVISIONS

Part XXI

TRANSITORY PROVISIONS

FIRST SCHEDULE

Enactments Repealed

SECOND SCHEDULE

Fishery Districts, Electoral Divisions and Number of Conservators for Each Electroal Division

THIRD SCHEDULE

Accounts of Boards of Conservators

FOURTH SCHEDULE

Scale of ordinary licence duties

FIFTH SCHEDULE

Bye-laws fixing close season for molluscs (other than oysters)

Bye-Laws Altering Annual Close Seasons for Salmon and Trout, Pollen and Eels, Close Season for Oysters, and Molluscs (Other Than Oysters), And Bye-Laws Under Sections 272 and 284

SIXTH SCHEDULE

Form of appointment of water keeper under section 294

Number 14 of 1959.

FISHERIES (CONSOLIDATION) ACT, 1959.

AN ACT TO CONSOLIDATE THE FISHERIES ACTS, 1842 TO 1958, AND CERTAIN OTHER ENACTMENTS RELATING TO FISHERIES. [8th July, 1959.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I.

Preliminary and General.

Short title.

1.—This Act may be cited as the Fisheries (Consolidation) Act, 1959.

Commencement.

2.—(1) This Act (except the postponed provisions) shall come into operation on the 1st day of October, 1959.

(2) The postponed provisions shall come into operation on such day (not being earlier than the 1st day of October, 1959) 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.

(3) In this section the expression “the postponed provisions” means the following provisions of this Act, namely section 16 , subsection (3) of section 24 , section 39 , section 61 , section 72 , sections 79 to 84 , sections 185 to 191 , subsection (1) of section 192 , subsection (2) of section 194 , sections 195 and 196 , sections 198 to 209 , sections 216 , 218 and 305 .

Interpretation generally.

3.—(1) In this Act—

references to angling for salmon or trout shall be construed as references to angling for salmon or trout with rod and line;

the expression “the annual close season for angling for salmon” has the meaning assigned to it by subsection (1) of section 137;

the expression “the annual close season for angling for trout” has the meaning assigned to it by subsection (1) of section 138;

the expression “the annual close season for eels” has the meaning assigned to it by section 151;

the expression “the annual close season for pollen” has the meaning assigned to it by section 148;

the expression “the annual close season for salmon and trout” has the meaning assigned to it by section 126;

the expression “bag net” includes a fixed engine of similar construction to a bag net;

the word “bay” includes any harbour or roadstead;

the word “boat” includes barge, cot, curragh or other vessel;

the word “box”, in relation to a fishing weir or a fishing mill dam, includes a crib or cruive;

the expression “close season for oysters” has the meaning assigned to it by subsection (1) of section 271;

the word “dam” means (except in section 115) dam, weir, dyke, sluice, embankment or other structure built or placed in or in connection with any river for or in connection with the sustaining of water for any purpose;

the word “day-time” means the period between sunrise and sunset;

the expression “deleterious matter” means any substance (including an explosive) which, on entry or discharge into any waters, is liable to render the waters poisonous or injurious to fish, spawning grounds or the food of any fish;

the expression “District Justice” means a Justice of the District Court;

the expression “draft net” includes a seine;

the word “eel” includes the fry and young of eels, commonly called elvers;

the expression “election year” means the year 1961 and every third successive year thereafter;

the expression “electoral division” means waters declared by subsection (2) of section 19 to be an electoral division for the purposes of this Act;

the word “estuary” includes any harbour or roadstead;

the word “fish” includes all crustaceans and molluscs found in the sea, and brood and spawn of fish, and references to a fish shall be construed as including references to part of that fish;

the expression “fish pass” means a channel for the free run or migration of fish in, over or in connection with an obstruction in a river, lake or watercourse and includes a fish ladder or any other contrivance which facilitates the passage of fish;

the expression “fishery district” means an area declared by subsection (1) of section 19 to be a fishery district for the purposes of this Act;

the expression “fishery rate” means a rate—

(a) struck by a board of conservators and confirmed by the Minister under section 55, or

(b) struck by the Minister under the said section;

the expression “fishery year” means the period of twelve months commencing on the 1st day of October in any year;

the expression “fishing engine” means any engine, net or other instrument whatsoever capable of being used for the taking of fish;

the expression “fishing licence”, when used without qualification, means a licence being either—

(a) an ordinary fishing licence, or

(b) a special local licence;

the expression “fishing mill dam” means a dam used or intended to be used partly for the purpose of taking or facilitating the taking of fish and partly for the purpose of sustaining water for milling or other purposes;

the expression “fishing weir” means any erection, structure or obstruction, which—

(a) is fixed to the soil across or partly across a river,

(b) is used solely for the purpose of taking or facilitating the taking of fish,

(c) incorporates one or more openings wherein fish may be taken, and

(d) is not a head weir;

the expression “fixed engine” means any engine, being—

(a) a stake net, or

(b) a bag net, or

(c) a fixed draft net, or

(d) a head weir, or

(e) any net, implement, engine or device, fixed to the soil or secured by anchors or held by hand or made stationary in any other way and used solely for the purpose of taking or facilitating the taking of fish, not being a fishing weir or a fishing mill dam;

the expression “free gap” means a free gap in a fishing weir in accordance with section 107;

the expression “head weir” means the fixed engine commonly called a head weir or an ebb and flow weir;

the word “heck” means a grating mounted at the upstream end of a box in a fishing weir or fishing mill dam and so constructed as to prevent the passage of fish without obstructing the flow of water;

the word “inscales” means a pair of gratings mounted at the downstream end of a box in a fishing weir or fishing mill dam and converging towards the centre in the upstream direction to form between the upstream ends a vertical gap, the effect of the arrangement being to permit the passage of fish into the box and hinder their escape therefrom;

the expression “lawful fishing engine” means any fishing engine the use of which (except during particular times, in particular places or in a particular manner) is not prohibited by this Act or any bye-law made thereunder;

the expression “licence duty” means—

(a) in relation to an ordinary fishing licence, the licence duty payable for such licence,

(b) in relation to a special local licence, in respect of special tidal waters, the special local licence duty payable for such licence;

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

references to the mouth of a river shall be construed as references to the mouth of that river as defined by an order under section 10;

the expression “non-scheduled engine” means an engine of a kind not specified in the Fourth Schedule to this Act;

the expression “the October close period for angling” means the period commencing on the 13th day of October and ending on the 31st day of that month;

the expression “offence under any provision of this Act” means an offence under any section or subsection of this Act or any instrument made thereunder;

the expression “offence under the repealed enactments” includes an offence against any instrument made under the repealed enactments;

the expression “officer of the Minister” includes a servant of the Minister;

the expression “the operative date” means the 1st day of October, 1959;

the expression “ordinary fishing licence” means a fishing licence granted under Chapter I of Part VI;

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

the word “owner” means any person who is in the actual possession or use and enjoyment of any land or fishery (as the case may be);

the expression “oyster fishing licence” means a fishing licence granted under Chapter VI of Part XIV;

the word “prescribed” means prescribed by regulations made by the Minister under this Act;

the expression “the repealed enactments” means the enactments repealed by this Act;

the word “rivers” includes tributaries of rivers and all other streams and watercourses;

the expression “rod and line” means a single rod and line;

the word “salmon” includes all fish of the salmon species, sea trout and the spawn and fry thereof;

the expression “salmon river” means any river frequented by salmon;

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 any engine of a kind specified in the Fourth Schedule to this Act;

the expression “scheduled trout waters” means any river or lake or portion thereof declared by an order, made under section 79 and for the time being in force, to be scheduled trout waters for the purposes of this Act;

the expression “sea fisheries protection officer” means a person declared by section 220 to be a sea fisheries protection officer;

the expression “several fishery” means any fishery lawfully enjoyed as such under any title whatsoever, being a good and valid title at law, exclusively of the public by any person, whether in navigable waters or in waters not navigable, and whether the soil covered by such waters be vested in such person or in any other person;

the expression “special local licence” means a licence granted under section 74 in respect of special tidal waters;

the expression “special local licence duty” means the duty payable under section 74 for a special local licence granted in respect of special tidal waters;

the expression “special tidal waters” means any tidal waters in respect of which an order, made under section 7, is for the time being in force;

the expression “stake net” includes a stake weir and any fixed engine of similar construction to a stake net;

the word “trout”, when used without any qualification includes—

(a) all fish of the brown trout kind,

(b) save in Part IX pollen or freshwater herring, and

(c) any spawn or fry of a trout,

but does not include sea trout;

the expression “trout rod (general) licence” means a licence to fish for trout with a rod and line issued under subsection (1) of section 83;

the expression “trout rod (juvenile) licence” means a licence to fish for trout with a rod and line issued under subsection (3) of section 83;

the expression “trout rod licence” means a licence being—

(a) a trout rod (general) licence, or

(b) a trout rod (riparian owner) licence, or

(c) a trout rod (juvenile) licence;

the expression “trout rod (riparian owner) licence” means a licence issued under subsection (2) of section 83;

the expression “unlawful fishing engine” means a fishing engine which is not a lawful fishing engine;

the expression “unseasonable salmon or trout” means any salmon or trout which is about to spawn, or which has spawned and has not recovered from spawning;

the expression “vested (Part XII) fishery” means a fishery which is either—

(a) vested in the Minister under Chapter II of Part XII, or

(b) transferred to the Minister under Chapter III of Part XII;

the word “waste” includes all uncultivated or unprofitable lands;

the word “waters” means any river, lake, watercourse, estuary or any part of the sea;

the expression “weekly close time” has the meaning assigned to it by section 139.

(2) In this Act—

(a) a reference by number to a Part or section is to the Part or section of this Act bearing that number unless it is indicated that reference to some other Act is intended,

(b) references to any bye-law, order or regulation made under this Act shall be construed as including references to any bye-law, order or regulation deemed by section 10 or section 334 to have been made under this Act.

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

Regulations.

4.—(1) The Minister may make regulations in relation to any matter referred to in this Act as prescribed.

(2) Every regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling such regulation is passed by either such House within the next subsequent twenty-one days on which such House has sat after such regulation is so laid before it, such regulation shall be annulled accordingly but without prejudice to the validity of anything previously done under such regulation.

Repeals.

5.—The enactments specified in the First Schedule to this Act are hereby repealed to the extent specified in the third column of the said Schedule.

Expenses.

6.—All expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

PART II.

Miscellaneous Powers and Duties of the Minister.

Special tidal waters.

7.—(1) The Minister may, with the concurrence of the Minister for Finance, from time to time by order declare that any particular tidal waters to which this section applies shall be special tidal waters for the purposes of this Act.

(2) Every order made under this section shall specify and define the tidal waters to which it purports to relate and shall be final and conclusive as to the area of such tidal waters notwithstanding any discrepancy between the extent of the tidal waters as so defined and the extent of the tidal waters in which a several fishery was previously enjoyed.

(3) The Minister may, with the concurrence of the Minister for Finance, at any time by order revoke or amend any order previously made under this section.

(4) This section applies to the tidal waters of any particular river or estuary in which, for not less than twenty years before the 1st day of January, 1933, a several fishery was believed to exist and was enjoyed as of right, but in respect of which either—

(a) it was, after the 1st day of January, 1933 (whether before or after the passing of this Act), judicially determined in a court of competent jurisdiction that no several fishery existed in such tidal waters, or

(b) the person, who on the 1st day of January, 1933, exercised as of right the said several fishery in such tidal waters does not nor does any other person claim to have or enjoy as of right a several fishery in such tidal waters.

Power of Minister to hold inquiries into fisheries.

8.—(1) The Minister may from time to time cause an inquiry to be held in any fishery district in relation to the fisheries therein or any of them and the best means to be adopted for the regulation, improvement or protection thereof, and for this purpose may appoint an officer of the Minister to hold such inquiry.

(2) The Minister shall cause to be given, in accordance with section 322, notice of the holding of an inquiry under this section.

Power of Minister to make bye-laws for the government, management, protection and improvement of fisheries.

9.—(1) In addition to the power of making bye-laws conferred on him by any other section of this Act, the Minister may, subject to the provisions of this Act, make such bye-laws as are in his opinion expedient for the more effectual government, management, protection and improvement of the fisheries of the State and, without prejudice to the generality of the foregoing, may make bye-laws in relation to all or any of the following matters—

(a) the regulation of the fisheries of the State and the preservation of good order amongst the persons engaged therein,

(b) the times and seasons at which the taking of the several species of fish shall commence and cease,

(c) the times and places or the manner at and in which any fishing engine to be employed in the said fisheries may be used,

(d) the description and form of nets to be need in the said fisheries and the size of the meshes thereof,

(e) the prohibition of the use of nets,

(f) the prohibition of the use at any time of any fishing engine which is in the opinion of the Minister injurious to the fisheries,

(g) the prohibition of any practice whatsoever tending in the opinion of the Minister to impede the lawful capture of fish or to be in any manner detrimental to the said fisheries,

(h) any other matter or thing relating in any manner to the government and protection of the said fisheries.

(2) Where no other penalty is provided by any provision of this Act for the contravention of a bye-law, the Minister may by such bye-law provide that any person who contravenes it shall be guilty of an offence against such bye-law and shall be liable on summary conviction thereof to a fine not exceeding five pounds and that all fishing engines used in the commission of the offence shall as a statutory consequence of conviction stand forfeited.

(3) No bye-law shall be made under this Act which is repugnant to any law in force in the State or which would tend to injure the effective working power of any mill or factory.

Definitions of mouths of rivers, boundaries between tidal and freshwater portions of rivers, points of mouths of rivers from which distances are to be measured, etc.

10.—(1) The Minister may from time to time by order—

(a) define, by reference to a map or otherwise, what is to be the boundary of the mouth of any river,

(b) define, by reference to a map or otherwise, what is to be the boundary of the mouth of any tributary river at its entrance into any other river,

(c) define, by reference to a map or otherwise, what is to be the boundary between the tidal and freshwater portions of any river,

(d) define the points of termination of the distances referred to in sections 94 and 103 and illustrate, by map or otherwise, the said points of termination and the space within which it is prohibited by the said section to use or practise certain modes of fishing,

(e) define, by reference to a map or otherwise, the point or points of the mouth of any river from which distances are to be measured under this Act.

(2) Where several streams flow into a common mouth or estuary the Minister may by order declare that the outlets of such streams shall form separate mouths.

(3) The Minister may by order revoke or amend any order made under subsection (1) or (2) of this section.

(4) Every definition made under any repealed enactment and which is in force immediately before the operative date shall continue in force on and after the operative date and the instrument whereby such definition was made shall be deemed to be an order made under subsection (1) or subsection (2) (whichever is appropriate) of this section.

Provisions in relation to publication and deposit of bye-laws, etc., and appeal against bye-laws, etc.

11.—(1) The following provisions shall apply in relation to any instrument to which this section applies :—

(a) notwithstanding any appeal which may be pending, but without prejudice to any order which may be made on such appeal, such instrument shall come into operation on the day specified in that behalf therein, or, if no such day is so specified, on the twenty-eighth day after the day on which it is made;

(b) such instrument shall, as soon as may be after it is made, be published in the Iris Oifigiúil and in one or more newspapers circulating in the district affected thereby;

(c) a copy of such instrument shall, within one month after it comes into operation, be deposited—

(i) with the county registrar for every county or county borough which or part of which is affected thereby, and

(ii) with the District Court Clerk of every Court District which or part of which is affected thereby, and

(iii) in every station of the Garda Síochána within the area affected thereby;

(d) any person aggrieved by such instrument may, within twenty-eight days after the publication in the Iris Oifigiúil, appeal against such instrument to the High Court, and the following provisions shall apply in relation to any such appeal—

(i) the appeal may be heard by one or more judges of the High Court as may be convenient,

(ii) the High Court may on the appeal confirm or annul such instrument, but if such instrument is annulled such annulment shall be without prejudice to the validity of anything done under or in pursuance of such instrument before such annulment,

(iii) the decision of the High Court on the appeal shall be final and conclusive,

(iv) the order made by the High Court on such appeal shall be published in like manner as such instrument is required by paragraph (b) of this subsection to be published and shall be deposited in like manner as such instrument is required by paragraph (c) of this subsection to be deposited.

(2) This section applies to any instrument being—

(a) a bye-law made under this Act, or

(b) an order made under section 10 , or

(c) a licence granted under section 245 or 281 , or

(d) an order made under section 251 , 256 , 266 or 275 .

Regulations for fishing by holders of special local licences.

12.—(1) The Minister may make regulations in relation to all or any of the following matters:—

(a) the times and the places respectively at which holders of special local licences may fish under such licences;

(b) the keeping of order among holders of special local licences at or on the particular tidal waters to which such licences relate.

(2) Every person who does any act (whether of omission or commission) which is a contravention of a regulation made under this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds.

Returns by holders of special local licences.

13.—(1) The Minister may make regulations in relation to all or any of the following matters:—

(a) the returns to be made by holders of special local licences;

(b) the persons to whom such returns are to be made;

(c) the times at which such returns are to be made;

(d) the forms in which such returns are to be made.

(2) Every person, required by regulations made under this section to make any return, who fails or refuses to make such return in accordance in all respects with such regulations or who makes in any such return any statement which is false or misleading in any material respect shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.

Power of Minister to grant exemption permits for the purposes of artificial propagation, etc.

14.—(1) The Minister may, whenever and so often as he thinks fit, by permit in writing and subject to such conditions as he may specify in the permit authorise any named person to do at any season of the year all or any of the following things—

(a) to catch or attempt to catch and to have in his possession any specified kind of fish for the purpose of artificial propagation, transplantation, the stocking, restocking or improvement of any fishery or for any scientific purpose and for the purpose of so catching to have in his possession, erect and use any fishing engine of a specified kind,

(b) to buy or sell ova and fry of any specified kind of fish for the purpose of stocking or restocking or any scientific purpose.

(2) A permit under subsection (1) of this section shall not authorise anything to be done in relation to a several fishery otherwise than with the consent of the owner thereof.

(3) Notwithstanding anything contained in this Act a person to whom a permit is granted under subsection (1) of this section and any other person acting under the directions of such first-mentioned person may, subject to the conditions specified in the permit, do any of the things authorised by the permit.

Power of Minister to grant fish culture licences.

15.—(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 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 repealed enactments or an offence under any provision of this Act, 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.

Power of Minister to take on lease fisheries for research purposes.

16.—(1) The Minister, with the consent of the Minister for Finance, may, for the purposes of any scheme of research into the life-history and habits of salmon or any freshwater fish and the economic conditions affecting the commercial development of fisheries, take on lease any fishery.

(2) The provisions of Chapter V of Part XII relating to the operation of vested fisheries shall apply in respect of any fishery leased by the Minister under this section.

(3) Where a fishery which is a transferable fishery, within the meaning of Part XII, has for the time being been leased under this section, the provisions of Part XII shall, notwithstanding such lease, apply in respect of such fishery.

Power of Minister to restrict importation of live fish, etc.

17.—(1) The Minister may, whenever and so often as he thinks fit, by order (in this section referred to as a restriction on import (fish) order) prohibit the import of any specified kind of article to which this section applies otherwise than under and in accordance with a licence in that behalf issued under this section.

(2) The Minister may by order under this subsection revoke or amend any order made by him under this section.

(3) If any person imports or attempts to import any article, the importation of which is prohibited by a restriction on import (fish) order such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds.

(4) On the application of any person the Minister may, if he thinks fit, issue to such person a licence to import a specified number of any article of any kind the importation of which is prohibited by a restriction on import (fish) order, and may attach to such licence such conditions as he may think proper and specify in such licence.

(5) This section applies to the following articles, live fish or other aquatic animals, and the eggs or young of fish or other aquatic animals.

Annual report by the Minister.

18.—The Minister shall as soon as may be after the expiration of each year lay before each House of the Oireachtas a report containing for such year—

(a) particulars of his proceedings under this Act, and,

(b) so far as practicable, a statistical account of the fisheries in the State, arranged and classified under such different heads as appears to the Minister to be most suited for the purpose.

PART III.

Fishery Districts and Electoral Divisions.

Fishery districts and electoral divisions.

19.—(1) Subject to an order under section 20, each area mentioned in column (4) of the Second Schedule to this Act at any reference number shall be a fishery district for the purposes of this Act and shall be known by the number and name mentioned in columns (2) and (3) respectively of the said Schedule at that reference number.

(2) Subject to an order under section 20, each of the several waters mentioned in column (6) of the Second Schedule to this Act at any reference number shall, for the purposes of this Act, be an electoral division of the fishery district, the name whereof is mentioned in column (3) of the said Schedule at that reference number, and each such electoral division shall be known by the name mentioned opposite it in column (5) of the said Schedule.

(3) (a) The Minister shall cause to be prepared maps (in this subsection referred to as the official maps) showing, in such manner as the Minister thinks fit and indicates thereon, the boundaries of each of the several fishery districts.

(b) The official maps shall be sealed with the official seal of the Minister.

(c) The official maps shall, for the purposes of any proceedings under this Act, be conclusive evidence of the boundaries (as shown thereon) of each fishery district.

(d) The official maps shall be deposited at the office of the Minister in Dublin and shall be there open to inspection by any interested person free of charge at such times as the Minister may direct.

(e) In any proceedings under this Act, a map certified by an officer of the Minister to be a true copy of the official maps or any portion thereof shall be prima facie evidence of the official maps or such portion thereof (as the case may be) and it shall not be necessary to prove the signature of the person certifying such map or that he was an officer of the Minister.

Creation of new fishery districts and electoral divisions.

20.—(1) The Minister may from time to time by order do any one or more of the following things—

(a) create (by union, subdivision or otherwise) new fishery districts,

(b) create (by union, subdivision or otherwise) new electoral divisions,

(c) appoint the number of conservators (which shall not be more than nine or less than three) to be elected for any new electoral division created under this section.

(2) Whenever the Minister creates a new electoral division by an order under this section he may either—

(a) provide by the order for the election of persons to act as conservators for such electoral division until the next triennial election, or

(b) nominate persons to act as conservators for such electoral division until the next triennial election.

(3) Whenever the Minister by an order made under this section creates a new fishery district, he shall by such order appoint the boundaries of such fishery district and shall annex to such order a suitable map showing such boundaries.

(4) Whenever the Minister by an order made under this section creates a new fishery district, he may, by the same order or by a subsequent order, direct that all or any specified part of the moneys and other assets which at the date of the order belong to the board of conservators of any fishery district affected by the order shall, subject to the liabilities of such board, be disposed of in such manner as the Minister thinks proper to direct and specify in such order, and when any such order is made the moneys and other assets to which it relates shall, subject to the said liabilities, be disposed of accordingly.

(5) Whenever the Minister by order made under this section creates a new fishery district, he may by the same order or a subsequent order provide for the holding of the first meeting of the board of conservators for such new fishery district.

(6) Every order made by the Minister under this section shall, as soon as may be after it is made, be published (without the map (if any) annexed thereto but with a statement of where such map (if any) may be inspected) in the Iris Oifigiuil and in one or more newspapers circulating in the fishery districts affected by the order, and a copy of such order and of the map (if any) annexed thereto shall be deposited with the County Registrar for every county and the District Court Clerk of every district which, or any part of which, is affected by the order, and in every station of the Garda Síochána within the fishery districts affected by the order.

PART IV.

Boards of Conservators.

Construction of boards of conservators.

21.—(1) There shall be a board of conservators for each fishery district to fulfil the functions assigned to it by this Act.

(2) The board of conservators for a fishery district shall consist of—

(a) elected members, that is conservators for the time being of each of the electoral divisions forming the fishery district,

(b) ex officio conservators of that fishery district,

(c) ex officio members (if any) appointed under sections 36, 37 or 38, and

(d) such number (if any) of representatives of holders of trout rod licences as is mentioned in section 39.

Conservators for electoral divisions.

Elections of conservators for electoral divisions to be held in each election year.

22.—In each election year an election of conservators for each electoral division shall be held in accordance with this Act.

Number of conservators for electoral divisions.

23.—(1) Subject to an order under subsection (2) of this section, the number of conservators for each electoral division, the name whereof is mentioned in column (5) of the Second Schedule to this Act shall be the number set out in column (7) of the said Schedule opposite the mention of that electoral division.

(2) (a) The Minister may, whenever and so often as he thinks proper, by order alter the number of conservators for any electoral division, but the number of such conservators shall not by any such order be increased to more than nine or reduced to less than three.

(b) Every order made under this subsection in respect of an electoral division shall come into operation at the triennial election of conservators for that electoral division held next after the date of the order.

(c) This subsection shall not apply to the two tidal electoral divisions of the No. 8 or Limerick District.

Electorate for election of conservators for an electoral division and scale of votes.

24.—(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 74, or

(e) a trout rod licence;

the expression “hypothetical licence duty” means, in relation to a special local licence authorising the use of a fishing engine of a particular kind, the sum which would be payable as licence duty in respect of such licence if it were an ordinary fishing licence authorising the use of a fishing engine of the same kind.

(2) Every person (other than the Minister), who is the holder of one or more ordinary fishing licences or oyster fishing licences (not being excepted 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 following scale—

if the licence duty in respect of such licence (in case one only is held by him) or the sum of the licence duties in respect of all such licences (in case more than one is held by him) is less than three pounds, one vote,

if the licence duty in respect of such licence (in case one only is held by him) or the sum of the licence duties in respect of all such licences (in case more than one is held by him) is less than six pounds but not less than three pounds, two votes,

if the licence duty in respect of such licence (in case one only is held by him) or the sum of the licence duties in respect of all such licences (in case more than one is held by him) is less than ten pounds but not less than six pounds, three votes, if the licence duty in respect of such licence (in case one only is held by him) or the sum of the licence duties in respect of all such licences (in case more than one is held by him) is not less than ten pounds, four votes.

(3) (a) Where the Minister is the holder of one or more ordinary fishing licences which or each of which is valid for a particular election year and is issued in a particular electoral division, he shall be entitled to vote, by proxy appointed by him, at the election of conservators to be held in that year for that electoral division and shall, in respect of each such licence, have thereat a vote or votes according to the following scale—

if the licence duty in respect thereof is less than three pounds, one vote,

if the licence duty in respect thereof is less than six pounds but not less than three pounds, two votes,

if the licence duty in respect thereof is less than ten pounds but not less than six pounds, three votes,

if the licence duty in respect thereof is not less than ten pounds, four votes.

(b) An instrument appointing a proxy under paragraph (a) of this subsection shall not require a stamp.

(4) Every person, who is the holder of one or more special local licences (not being excepted licences) which or each of which is valid for a particular election year in respect of special tidal waters which are situate in a particular electoral division, shall be entitled to vote in person at the election of conservators to be held in that election year for that electoral division and shall have thereat a vote or votes according to the following scale—

if the hypothetical licence duty in respect of such licence (in case one only is held by him) or the sum of the hypothetical licence duties in respect of all such licences (in case more than one is held by him) is less than three pounds, one vote,

if the hypothetical licence duty in respect of such licence (in case one only is held by him) or the sum of the hypothetical licence duties in respect of all such licences (if more than one is held by him) is less than six pounds but not less than three pounds, two votes, if the hypothetical licence duty in respect of such licence (if one only is held by him) or the sum of the hypothetical licence duties in respect of all such licences (if more than one is held by him) is less than ten pounds but not less than six pounds, three votes,

if the hypothetical licence duty in respect of such licence (if one only is held by him) or the sum of the hypothetical licence duties in respect of all such licences (if more than one is held by him) is not less than ten pounds, four votes.

(5) Where a person who is the rated occupier of a fishery (the rateable valuation of which is less than fifty pounds) situate in a particular electoral division has paid the fishery rate on such fishery for the fishery year next preceding an election year and the amount of such fishery rate is one pound or more, the following provisions shall have effect—

(a) such person or his agent duly appointed under section 328 shall be entitled to vote at the election of conservators to be held in that election year for that electoral division and shall be entitled to have thereat, in addition to the vote or votes (if any) to which he may be entitled under subsection (2) of this section, a vote or votes according to the following scale—

if the amount of such fishery rate is less than three pounds, one vote,

if the said amount is less than six pounds but not less than three pounds, two votes,

if the said amount is less than ten pounds but not less than six pounds, three votes,

if the said amount is not less than ten pounds, four votes,

(b) the production of the receipt for the second moiety of such fishery rate shall be sufficient evidence of the right of such person or his attorney or agent to vote at such election.

(6) No person shall be entitled to vote at an election of conservators to be held in a particular election year for a particular electoral division, other than a person who is entitled to vote at such election by virtue of this section.

(7) In this Act, references to the electorate of an electoral division for an election year shall be construed as references to the persons who are, by virtue of this section, entitled to vote at the election of conservators for that electoral division to be held in that year.

Residential or property qualification of conservators.

25.—No person shall be eligible for the office of conservator for an electoral division if he does not reside or possess real property in the fishery district which includes that electoral division.

Disqualification from election as a conservator.

26.—Where a person is convicted of an offence under the repealed enactments or an offence under any provision of this Act, he shall upon such conviction be disqualified from being elected to be a member of a board of conservators for a period of seven years from the date of the conviction.

Triennial elections of conservators.

27.—(1) Each board of conservators shall, in each election year, appoint, in respect of each electoral division forming part of its fishery district, such day in the month of October in that election year and such time and place as it thinks fit for the holding of a meeting of the electorate of that electoral division for that election year, and shall publish fourteen days' notice in two or more newspapers circulating in its fishery district of the day, time and place so appointed by it.

(2) If a board of conservators fails to appoint, in accordance with subsection (1) of this section, a day, time and place for the holding of a meeting of the electorate of an electoral division for any election year, the Minister may appoint the said day, time and place.

(3) On the day and at the time and place appointed under subsection (1) or subsection (2) of this section for the holding of a meeting of the electorate of an electoral division for any election year, such meeting shall be held and there shall be elected thereat the appropriate number of conservators for that electoral division.

(4) The following provisions shall have effect in relation to every election of conservators for an electoral division to be held in pursuance of this Act in an election year at a meeting of the electorate of that electoral division for that election year:—

(a) in this subsection the word “elector” means a person who is one of the said electorate and includes, where the Minister is an elector, a proxy of the Minister,

(b) no person other than the Minister, shall be entitled to vote by proxy,

(c) the electors present at the meeting shall elect from their number a chairman of the meeting,

(d) every elector present shall be entitled to vote thereat, in accordance with the provisions of section 24,

(e) as soon as may be after the close of the election the chairman shall count the votes received and declare the result of the election,

(f) the chairman shall thereupon certify under his hand the election of each conservator and furnish him with a certificate which shall be sufficient evidence of his election,

(g) the chairman shall within four days after the meeting send to the Minister a return showing the name, residence and post town of each conservator elected,

(h) if the electors neglect to attend such meeting or fail to elect conservators, the conservators of any other one or more electoral division or divisions of the same fishery district for which conservators are elected in that election year may nevertheless act in all matters and things relating to such district.

(5) The Minister may make regulations containing such provisions, not inconsistent with this Act, as he thinks proper in relation to elections of the conservators for an electoral division and every such election shall be carried out in accordance with such regulations.

On failure of election former conservators to act.

28.—If the electorate for all electoral divisions of a fishery district fail in any election year to elect conservators under section 27, the previously existing elected members of the board of conservators for that fishery district shall continue in office and be deemed to have been elected as such elected members in that election year.

Term of office of conservators.

29.—Every elected conservator for an electoral division shall, unless he sooner dies, resigns or becomes disqualified, hold office, from the day next following the date of his election until midnight on the day on which the next election for conservators of the appropriate electoral division is held in pursuance of section 27.

Disqualification of elected member of board of conservators on conviction of offence.

30.—Where a person who is an elected member of a board of conservators is convicted of an offence under the repealed enactments or an offence under any provision of this Act, he shall, upon such conviction, cease to be a member of that board.

Disqualification of conservator by non-attendance at meetings.

31.—(1) A conservator for an electoral division who absents himself during a period of six consecutive months from all meetings of the board for the fishery district which includes that electoral division and all meetings of the conservators for that electoral division shall be disqualified from continuing to be a member of such board and one fortnight after the expiration of such period his seat on such board shall, subject to this section, become and be vacant.

(2) Whenever a member of a board of conservators is about to become or has been disqualified under subsection (1) of this section from continuing to be a member of such board, the Minister may, not later than one fortnight after the expiration of the period mentioned in the said subsection (1) and if in his opinion the special circumstances of the case justify him in so doing, extend the said period by such further period as he thinks proper, and thereupon the said subsection (1) shall have effect in that particular case as if such extended period were substituted for the said period of six consecutive months, but no such period of six consecutive months shall be extended under this subsection more than once.

Resignation of conservator for an electoral division.

32.—(1) A conservator for an electoral division may at any time resign office by notice in writing delivered to the clerk of the board of conservators for the fishery district which includes such electoral division and in that case his resignation shall (unless the notice is previously withdrawn) be deemed to take effect on the commencement of the meeting of the said board held next after the delivery of the said notice.

(2) A notice of resignation under this section may be withdrawn by notice in writing delivered to the clerk of the board of conservators of which the conservator giving the notice is a member before the commencement of the meeting of the said board held next after the delivery of the notice of resignation.

(3) A notice under this section may be delivered to the clerk of the board of conservators of which the conservator giving the notice is a member by leaving it for him at his office or by sending the same by prepaid letter post in an envelope addressed to the clerk at his office.

Casual vacancies amongst elected members.

33.—(1) Whenever during the term of office of any board of conservators the seat of any elected member of the board becomes vacant by death, resignation, incapacity, or disqualification, it shall be lawful for the other members of the board or such of them as shall be present by resolution duly passed at a meeting of the board to elect a person to be a member of the board during the residue of the term of office of the board in place of the member whose seat is so vacant, and any such casual vacancy shall be filled at or before the second meeting of the board after such vacancy occurs.

(2) When the seat of any member of a board of conservators becomes vacant as aforesaid the other members of the board may until the vacancy is filled under this section continue to act notwithstanding such vacancy.

Ex officio Conservators.

Certain rated occupiers to be ex officio conservators.

34.—Subject to section 35, every person shall be an ex officio conservator for a fishery district who is the rated occupier of one or more several fisheries (the rateable valuation or the total rateable valuations whereof is or are fifty pounds or more) in that fishery district, but if there are two or more such rated occupiers not more than one of them shall be entitled to act at a particular time as an ex officio conservator in respect of such fishery or fisheries.

Disqualification for acting as an ex officio conservator.

35.—(1) No person shall be deemed an ex officio member of a board of conservators under section 34 while any liability of such person in respect of fishery rate payable by him to such board remains undischarged for a period of more than fourteen days from the date on which such fishery rate became payable.

(2) Where—

(a) a person is convicted of an offence under the repealed enactments or an offence under any provision of this Act, and

(b) such person is at the date of such conviction possessed of or subsequently becomes the rated occupier (either alone or with other persons) of a several or exclusive fishery or fisheries the rateable valuation or the total rateable valuations whereof is or are fifty pounds or more,

such person shall be disqualified from acting as an ex officio conservator under section 34 for a period of seven years from the date of such conviction.

Ex officio Members.

Appointment of ex officio members in respect of the Shannon fisheries.

36.—(1) Section 34 shall not apply in respect of any fishery for the time being included in the Shannon fisheries (within the meaning of the Shannon Fisheries Act, 1935 (No. 4 of 1935)) and in lieu thereof it is hereby enacted that—

(a) if and so long as the Electricity Supply Board is the owner, lessee or occupier of any such fishery which was on the 1st day of January, 1931, a several fishery and was on that date valued under the Valuation Acts at not less than fifty pounds, the said Board shall be entitled to nominate one person to be an ex officio member in respect of that fishery of the board of conservators for the fishery district in which such fishery is situate,

(b) if and so long as the said Board is the owner, lessee or occupier of a number of such fisheries situate in the same fishery district which were, on the 1st day of January, 1931, several fisheries and were on that date owned, held or occupied by the same person and were on that date valued under the Valuation Acts at valuations amounting in the aggregate to not less than fifty pounds, the said Board shall be entitled to nominate one person to be an ex officio member in respect of such fisheries of the board of conservators of such fishery district.

(2) Where the Electricity Supply Board is entitled under subsection (1) of this section to nominate two or more ex officio members of a board of conservators, the said Board may, in lieu of nominating such two or more members, nominate one person only to be an ex officio member of such board of conservators, and in such cases such one person shall have and may exercise at meetings of such board of conservators a number of votes equal to the number of ex officio members of such board of conservators which the said Board is for the time being entitled to nominate under the said subsection.

Appointment of ex officio members in respect of other fisheries acquired by the Electricity Supply Board.

37.—(1) Section 34 shall not apply in respect of any fishery acquired by the Electricity Supply Board under Part III of the Electricity (Supply) (Amendment) Act, 1945 (No. 12 of 1945) and in lieu thereof it is hereby enacted that—

(a) if and so long as the said Board is the owner, lessee, or occupier of any such fishery which was, on the 1st day of January, 1931, a several fishery, the following provision shall apply and have effect, that is to say, whenever, on the date on which the fishery rate for any fishery year is struck by the board of conservators for the fishery district in which such fishery is situate, such fishery is valued under the Valuation Acts at not less than fifty pounds, the said Board shall be entitled to nominate one person to be, until the next fishery rate is so struck, an ex officio member, in respect of such fishery of the board of conservators of the district in which such fishery is situate, and

(b) if and so long as the said Board is the owner, lessee, or occupier of two or more such fisheries situate in the same fishery district each of which was, on the 1st day of January, 1931, a several fishery, the following provisions shall apply and have effect, that is to say, whenever on the date on which the fishery rate for any fishery year is struck by the board of conservators for the said fishery district, such fisheries are valued under the Valuation Acts at valuations amounting in the aggregate to not less than fifty pounds, the said Board shall be entitled to nominate one person to be, until the next fishery rate is so struck, an ex officio member, in respect of such fisheries, of the board of conservators of the district in which such fisheries are situate.

(2) Where the Electricity Supply Board is entitled under subsection (1) of this section to nominate two or more ex officio members of a board of conservators, the following provisions shall have effect:—

(a) the said Board shall be entitled to nominate such number (whether one or more than one) of ex officio members of such board of conservators as the said Board shall think proper, but not exceeding the total number of such members which the said Board is entitled under the said subsection to nominate;

(b) every ex officio member of such board of conservators so nominated by the said Board shall be nominated to represent one or more specified fisheries or groups of fisheries in respect of which the said Board is entitled under the said subsection to nominate ex officio members of such board of conservators, but so that the said ex officio members so nominated shall between them represent all the fisheries or groups of fisheries in respect of which the said Board is entitled as aforesaid to nominate ex officio members of such board of conservators;

(c) every ex officio member of such board of conservators so nominated by the said Board shall have and may exercise at meetings of such board of conservators a number of votes equal to the number (whether one or more than one) of fisheries or groups of fisheries which he is nominated under paragraph (b) of this subsection to represent.

Nomination of ex officio members by the Minister.

38.—(1) Where on the date on which the fishery rate for any fishery year is struck by a board of conservators any vested fishery situate in the fishery district of such board is valued under the Valuation Acts at not less than fifty pounds, the Minister may nominate one person as his representative to be, until the next fishery rate is struck by such board, an ex officio member in respect of such fishery of such board.

(2) Where—

(a) two or more vested fisheries in the same fishery district were vested in the Minister on the same date, and

(b) such fisheries were immediately before being so vested in the ownership or occupation of the same person,

then such fisheries shall for the purposes of subsection (1) of this section be deemed to be one fishery the rateable valuation of which is the aggregate rateable valuation of all such fisheries.

(3) Where any vested fishery is for the time being leased or is for the time being an unused fishery, the rateable valuation of such fishery shall for the purposes of subsections (1) and (2) of this section be deemed to be nil.

(4) Where the Minister is entitled under subsection (1) of this section to nominate ex officio members of two or more boards of conservators he may nominate the same person to be an ex officio member of each of such boards.

(5) Where the Minister is entitled under subsection (1) of this section to nominate two or more ex officio members of a board of conservators, he may nominate one person only, and in that case such one person shall have and may exercise at meetings of such board a number of votes equal to the number of ex officio members of such board which the Minister is for the time being entitled to nominate.

(6) In this section the expressions “vested fishery” and “unused fishery” have the same meanings as they respectively have in Part XII.

Representation of trout anglers on board of conservators.

Representation of trout anglers on board of conservators.

39.—(1) Where in any fishery district the number of trout rod licences issued during any year in which an election of a board of conservators for such district takes place amounts to at least fifty per cent of the number of salmon rod licences which have been issued in such district during such year and for which the licence duty of two pounds has been paid, the following provisions shall have effect:—

(a) in case the number of such trout rod licences is not more than seventy-five per cent of the number of such salmon rod licences, the holders of such trout rod licences may elect one of their number as a representative to sit on such board of conservators;

(b) in any other case, such holders may elect two of their number as representatives to sit on such board of conservators.

(2) The following provisions shall have effect in relation to any person elected under subsection (1) of this section in any year as a representative to sit on a board of conservators for a district:—

(a) such person shall, subject to the provisions of this Act, sit and act as a conservator on such board and shall be additional to the number of conservators to be elected for such district under this Act;

(b) such person shall, unless he sooner dies, resigns or becomes incapable or disqualified, hold office during the period of office of the ordinary conservators elected for such district in the year in which such person is elected;

(c) if such person during his period of office dies, resigns or becomes incapable or disqualified from acting as a conservator, such board may at or before the second meeting after such death, resignation, incapacity or disqualification co-opt in his place another person, who is the holder of a trout rod licence issued by such board, to fill during the residue of the term of office of such board, the vacancy created by such death, resignation, incapacity or disqualification.

(3) The Minister may by regulations make such provisions as he thinks proper in relation to elections under subsection (1) of this section, and every such election shall be carried out in accordance with such regulations.

(4) At any election under subsection (1) of this section a person who is the holder of a trout rod licence shall be entitled to one vote and no more, whether he is or is not the holder of more than one trout rod licence.

(5) In this section the expression “trout rod licences” shall not include trout rod (juvenile) licences.

Officers and Servants.

Officers of board of conservators.

40.—(1) Subject to the provisions of this section a board of conservators may appoint a clerk or clerks and such number of inspectors and water keepers as the board may consider necessary but only to the extent which the funds at the board's disposal permit for the protection of the fisheries in their district and for generally enforcing this Act therein.

(2) Every appointment of a clerk or other officer or servant made by a board of conservators and the salary, allowances and tenure of office of every person so appointed shall be subject to the approval of the Minister, and no such appointment shall take effect unless and until the approval of the Minister thereto is communicated in writing to the board.

(3) A board of conservators shall take sufficient security from any clerk and any other officer or person receiving money for the board for the due performance of his duties and the duly accounting for such money.

(4) The period of office of a clerk or any other officer or servant of a board of conservators shall not be terminated by reason only of the retirement or removal from office of the members of such board.

(5) A board of conservators may from time to time remove from office any officer or servant.

(6) The Minister may at any time by notice in writing require any board of conservators to suspend from duty or dismiss any clerk or other officer or servant of the board, and in the event of a board of conservators failing for a period of one month to comply with a notice under this section the Minister may himself by order suspend from duty or dismiss the clerk or other officer or servant mentioned in the notice.

(7) Every instrument of appointment by a board of conservators of any treasurer, clerk, inspector, water keeper or other officer shall—

(a) be prepared and printed in the prescribed form,

(b) be sealed with the seal of the board, and

(c) be signed by not less than three members of the Board.

(8) Every instrument of appointment by a board of conservators purporting to be sealed with the seal of the board shall be sufficient evidence of such appointment.

(9) An instrument of appointment by a board of conservators shall not be subject to any stamp duty.

(10) No member of a board of conservators shall be eligible for any paid office under the board.

Duties of clerk of a board of conservators.

41.—(1) The clerk of a board of conservators shall—

(a) attend all meetings of the board,

(b) in a proper book or books to be provided for the purpose, enter and keep a true account of moneys received by the board and of the application thereof, and of all acts, proceedings and transactions of the board,

(c) perform such other duties as the board may direct,

(d) furnish to the Minister annually or as often as the Minister may require an account of all moneys received and disbursed relating to the fishery district of the board.

(2) Whenever a proposal is made at a meeting of a board of conservators to do any act, matter or thing in consequence of which an illegal payment is to be made out of the funds of such board or a deficiency or loss is likely to result in or to such funds, it shall be the duty of the clerk of such board to make objection to the doing of such act, matter or thing and to state the grounds of such objection, which objection and the grounds thereof and, if a decision is taken on such proposal, the names of the members of such board present and voting for or against such decision and abstaining from voting on such decision, shall be recorded on the minutes of such meeting.

Financial Provisions.

Treasurer of the board.

42.—A board of conservators may appoint a bank to act as its treasurer.

Payments of licence duties, etc. to treasurer.

43.—All moneys received by or on behalf of a board of conservators under this Act shall be paid to the treasurer of the board.

Payments by treasurer.

44.—The treasurer of a board of conservators shall out of the moneys for the time being standing to the credit of the board pay all such sums as the treasurer may be required to pay upon a draft or order signed by the chairman at any ordinary meeting of the board and by two other members of the board.

Payments in respect of special local licences to Minister by boards of conservators.

45.—(1) Where a board of conservators issues in any month any special local licences, such board shall, not later than thirty days after the expiration of such month, pay to the Minister in respect of every special local licence issued by such board in such month a sum equal to the difference between—

(a) the licence duty which would have been paid in respect thereof if it had been an ordinary licence authorising the use of the same kind of fishing engine as that to which such special local licence relates, and

(b) the special local licence duty paid in respect of such licence.

(2) All moneys received by the Minister under this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.

Board of conservators to furnish annual estimate.

46.—(1) It shall be the duty of every board of conservators to furnish to the Minister on or before the 30th day of November in every fishery year an estimate of all the moneys to be received by it in that fishery year and of the proposed application of such moneys and other proposed expenditure for that fishery year.

(2) The Minister may approve either without amendment or with such amendments (whether by way of alteration, addition or omission) as he may think fit, any estimate of proposed expenditure furnished to him pursuant to subsection (1) of this section.

Restriction on expenditure by boards of conservators.

47.—A board of conservators shall not in any fishery year incur any expenditure save only such expenditure as is mentioned in the estimate of expenditure for that fishery year as approved of by the Minister under section 46 and such further expenditure (if any) as may be specially sanctioned by the Minister.

Accounts of boards of conservators.

48.—The provisions set out in the Third Schedule to this Act shall apply in relation to the accounts of boards of conservators and the audit and auditor thereof.

The Salmon Conservancy Fund.

49.—(1) In this section—

“the Act of 1954” means the Salmon Conservancy Fund Act, 1954 (No. 4 of 1954) (repealed by the Act of 1958);

“the Act of 1958” means the Fisheries (Amendment) Act, 1958 (No. 15 of 1958) (repealed by this Act);

“the Fund” means the Salmon Conservancy Fund established by section 5 of the Act of 1954 and continued in existence by subsection (2) of section 8 of the Act of 1958;

“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 68, 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 68, 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 68, 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 68, 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 68, 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 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.

(13) Any order or regulation made under the Act of 1954 which, by virtue of subsection (14) of section 8 of the Act of 1958, is in force immediately before the operative date, shall, notwithstanding the repeal of the Act of 1958, continue in force and be deemed to have been made under this section.

Inquiries in respect of, and dissolution of boards of conservators.

Inquiries in respect of boards of conservators.

50.—(1) The Minister may at any time, if he thinks fit, order an inquiry into the performance of its duties by any board of conservators and may appoint any person to hold such inquiry.

(2) Where a person (not being an officer of the Minister) is appointed to hold an inquiry under this section, such person shall be paid such remuneration and such allowances for expenses as the Minister may with the consent of the Minister for Finance determine.

(3) Where an inquiry in relation to a board of conservators has been held under this section, the Minister shall certify the amount of the expenses incurred by the Minister in relation to such inquiry, and the amount so certified shall be recovered by the Minister from the revenue of such board.

(4) Any sum recovered by the Minister under subsection (3) of this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.

Power to dissolve boards of conservators.

51.—(1) If and whenever—

(a) the Minister is satisfied after holding under this Act an inquiry into the performance of its duties by a board of conservators that the duties of such board are not being duly and effectually discharged by such board, or

(b) a board of conservators wilfully neglects to comply with any lawful order, direction, or regulation of the Minister, or fails to comply with any judgment, order or decree of any court,

the Minister may by order dissolve such board of conservators and either order (under the power hereinafter conferred on him) a new election of members of such board or transfer the funds, books and other property and the several powers, duties and liabilities of such board to any body or person he shall think fit.

(2) Whenever the Minister makes an order under this section dissolving a board of conservators he may appoint such and so many persons as he shall think fit to perform the duties of such board of conservators and may from time to time remove all or any such persons and appoint others in their place, and may fix the tenure of office, duties and remuneration of and the security (if any) to be given by all such persons.

(3) The remuneration of all persons appointed under subsection (2) of this section to perform the duties of a board of conservators shall be paid out of the revenue of such board of conservators as part of the expenses of performing its duties.

(4) Where a person serving in the Civil Service is appointed under subsection (2) of this section to perform the duties of a board of conservators, there shall be recouped from the revenue of such board of conservators to the Exchequer in such manner as the Minister for Finance may direct, the salary of such person and also such charges in respect of superannuation and other allowances and gratuities payable under the Superannuation Acts for the time being in force to or in respect of such person as the said Minister shall determine to be proper.

(5) At any time after a board of conservators has been dissolved under this section the Minister may, if and when he so thinks fit, by order cause a new election of members of such board to be held, and upon the completion of such new election all the property, powers, and duties of the dissolved board of conservators shall vest in the body so elected, notwithstanding that the same may have been transferred by the Minister under this section to any other body or person.

(6) Whether or not a new election of members of a board of conservators has been held in pursuance of an order made under subsection (5) of this section, the next subsequent election of members of such board of conservators shall be held on the next occasion on which an election of such members would have been required by law to be held if such board had not been dissolved, and thereupon all the property, powers and duties of the dissolved board of conservators shall vest in the body so elected.

(7) The Minister may from time to time by order do all such things and make all such regulations as in his opinion shall be necessary for giving full effect to any order made by him under this section.

Miscellaneous provisions in relation to boards of conservators.

Seal of board of conservators.

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

Proceedings of board of conservators.

53.—(1) The board of conservators for a fishery district shall from time to time fix and determine and duly publish notice of the times and places for the ordinary meetings of the board.

(2) The board of conservators for a fishery district may at any ordinary meeting fix the time and place for holding an ordinary meeting of the board and may hold adjourned meetings.

(3) Any three members of the board of conservators for a fishery district may from time to time call a special meeting of the board provided—

(a) that notice of the place and time of each such special meeting, subscribed by three or more members or by the clerk of the board on their requisition on him, shall be inserted at least twice in some two newspapers circulating in the county or counties in which such fishery district is situate, at least ten days before such meeting shall be held, or

(b) that the clerk of the board shall, on such requisition as aforesaid, give ten days' notice in writing of such meeting to each member of the board.

(4) At all meetings of a board of conservators three members present shall form a quorum.

(5) All questions arising at a meeting of a board of conservators shall be decided by a majority of the members present and, in case of an equal division of votes, the chairman of the meeting shall have a second or casting vote.

(6) The Minister or an officer of the Minister authorised by him may attend any meeting of a board of conservators and advise, consult and confer with the board upon the regulation, management and improvement of the fisheries, and may at all convenient times have access to and peruse, when he shall think fit, the books and accounts kept for the purposes of any fishery district.

Protection of salmon spawning in Northern Ireland.

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 board of conservators within whose district 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.

PART V.

Rates on Fisheries.

Rates on fisheries.

55.—(1) Every board of conservators shall on or before the 31st day of December in every fishery year to which this section applies strike on all fisheries within its fishery district (which appear in the revised Valuation Lists required under the Valuation Acts to be issued by the Commissioner of Valuation by the 1st day of March immediately preceding the commencement of that fishery year and are not distinguished therein by the Commissioner of Valuation 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 board's expenditure for that fishery year.

(2) Every rate struck by a board of conservators under this section shall be subject to confirmation by the Minister who may confirm the same either without modification or with such modification (whether by way of increase or reduction) as he shall think proper.

(3) If a board of conservators fails to strike on or before the 31st day of December in any fishery year to which this section applies a rate for that fishery year the Minister may, if he thinks fit so to do, strike a rate for the district of such board of conservators for such fishery year and in such case the rate so struck by the Minister shall be levied, collected, and recovered by such board of conservators in like manner in all respects as if such rate had been struck by the board and confirmed by the Minister under this section.

(4) Where in any fishery year a board of conservators strike a rate under subsection (1) of this section or the Minister, by reason of the failure of the board of conservators to strike the rate, strikes a rate under subsection (3) of this section for the fishery district of the board of conservators, the board of conservators or the Minister may make such departure, not affecting value, from the particulars, relating to a fishery in that fishery district, contained in the revised Valuation Lists required under the Valuation Acts to be issued by the Commissioner of Valuation by the 1st day of March immediately preceding the commencement of that fishery year, as may be necessary, at the time of making the rate, to enable the board of conservators or the Minister to make a valid rating.

(5) Every rate struck under this section shall be paid by the several persons rated for the same in two moieties on the 1st day of April and the 1st day of August in the fishery year for which the rate is struck, and shall be so paid over and above all or any licence duties paid by such persons under this Act for that or any other fishery year.

(6) Every person who is liable to be rated under this Act in respect of a fishery shall be exempt from liability for any rate leviable by the council of any county, county borough, or urban district in respect of that fishery for any local financial year commencing before 1st day of April, 1965, and no such council shall levy or collect any rate in respect of such fishery for any such local financial year.

(7) If the Minister for Local Government certifies that by reason of the exemption conferred by subsection (6) of this section from liability for rates in respect of fisheries, the amount of the rate which but for this subsection would require to be made and levied upon and in any area for the service of a local financial year commencing before the 1st day of April, 1965, by the council of a county, county borough, or urban district has been increased by an amount greater than one penny in the pound, the Minister shall out of moneys to be from time to time provided by the Oireachtas pay to such council before the end of such local financial year an amount equal to the sum which would be produced by a rate upon and in such area equivalent to the amount in the pound by which such increase exceeds one penny in the pound.

(8) This section applies to every fishery year commencing before the 1st day of October, 1964.

Valuations by reference to which fishery rates are to be struck, and provisions in relation to appeals against valuations of fisheries.

56.—Where in any fishery year a board of conservators strike a rate under section 55 or the Minister, by reason of the failure of the board of conservators to strike the rate, strikes a rate under that section for the fishery district of the board of conservators, the board of conservators or the Minister shall make the rate according to the valuations appearing in the revised Valuation List required under the Valuation Acts to be issued by the Commissioner of Valuation by the 1st day of March immediately preceding the commencement of that fishery year, and the board of conservators may levy, collect and recover any sum due on account of any rate so made, notwithstanding any pending appeal or notice of appeal under the Valuation Acts with respect to valuation but where the valuation of any fishery is altered on appeal, the board of conservators—

(a) shall, if the valuation is decreased, repay any sum paid in respect of the rate in excess of the sum which would have been payable if the valuation had originally stood as altered on appeal, and

(b) may, if the valuation is increased, recover as arrears of the rate, an amount equal to the difference between the sum payable in respect of the rate as made and the sum which would have been payable in respect of the rate if the valuation had originally stood as altered on appeal.

Amendment of fishery rates.

57.—(1) Where a fishery rate on a fishery has been struck under section 55 in a particular fishery year, the board of conservators in whose fishery district 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.

(2) Whenever a board of conservators propose to make an amendment of a rate on a fishery under this section—

(a) the board of conservators shall serve by post notice of the proposed amendment on any person who is the occupier of the fishery,

(b) the notice shall contain an intimation that written objections to the proposed amendment may be sent to the board of conservators within seven days after the posting of the notice,

(c) before making the proposed amendment, the board of conservators shall consider the objections (if any) received as the result of the notice.

(3) A board of conservators shall make such refunds or give such credits (as the case may require) in respect of fishery rate and shall be entitled to make such recoveries of fishery rates as may be from time to time appropriate in consequence of any amendment under this section.

Liability for fishery rate.

58.—The person liable to pay a fishery rate in respect of a fishery shall be the occupier thereof.

Collection and recovery of fishery rate.

59.—(1) Fishery rate payable to a board of conservators shall be collected by such persons as the board may from time to time appoint, adequate security being taken by the board from the persons so appointed for the duly accounting for the rate collected, and the costs of the collection of the rate shall be part of the expenses of the board.

(2) Fishery rate payable to a board of conservators may be recovered at the suit of the clerk of the board of conservators as a simple contract debt in any court of competent jurisdiction.

(3) Where any person (in this subsection referred to as the rated person) rated in respect of a fishery for fishery rate fails to pay any moiety of such fishery rate within one month after the date on which such moiety is required by subsection (5) of section 55 to be paid, such moiety shall be recoverable (at the option of the person entitled by law to collect and recover it) from the rated person or from any person who, when such fishery rate was made or at any subsequent time, held, used or occupied the said fishery, and, if such last-mentioned person is a tenant of the rated person, he may, unless the contract of tenancy provides for the payment of fishery rate by the tenant, deduct the amount of any fishery rate so recovered from him from any rent payable to the rated person.

Payments by Minister in lieu of fishery rate.

60.—(1) No fishery rate shall be payable by the Minister in respect of any vested (Part XII) fishery.

(2) Subject to the provisions of this section the Minister may, if he so thinks fit, in respect of each vested (Part XII) fishery, as on and from the payment day next following the date of vesting, pay in any fishery year to the board of conservators for the fishery district in which such fishery is situate in lieu of fishery rate, a half-yearly sum calculated as a moiety of the fishery rate for the current fishery year on the rateable valuation existing at the date when the fishery rate is made.

(3) Where a vested (Part XII) fishery is for the time being an unused fishery (within the meaning of Part XII) no payment in lieu of fishery rate shall be made by the Minister in respect of such fishery after the commencement of the fishery year next after the date on which the Minister gives notice to the board of conservators within whose fishery district such fishery is situate of his intention to refrain from using such fishery.

(4) Where a vested (Part XII) fishery which has ceased to be worked by the Minister is subsequently worked by the Minister, payment in lieu of fishery rate may be made on and from the payment day next following the date on which such fishery is subsequently worked.

(5) Where a vested (Part XII) fishery is leased by the Minister under Part XII, no payment in lieu of fishery rate shall be made by the Minister in respect of such fishery for any period during which any person is under an obligation to pay fishery rate in respect of such fishery.

(6) For the purposes of this section each of the following dates in each year shall be a payment day—

(a) the 1st day of April;

(b) the 1st day of August.

Fishery rates on leased fisheries.

61.—(1) Whenever the Minister grants a lease of a fishery under Part XII, he may, if he so thinks fit, cause to be inserted in such lease a covenant by the Minister to the following effect, namely, that, if the amount paid by the lessee as fishery rate in respect of such fishery for any fishery year falling within the term granted by such lease exceeds the appointed amount, the Minister will pay to the lessee a sum equal to the excess.

(2) In this section the expression “the appointed amount” means, in relation to a fishery which is the subject of a lease under Part XII, the sum of the following:—

(a) the amount (hereinafter referred to as the standard amount) payable by the occupier as fishery rate or by the Minister in lieu of fishery rate in respect of such fishery for the fishery year current at the date on which such lease is granted or, if the fishery rate for that fishery year for the fishery district in which such fishery is situate has not been made before the said date, the immediately preceding fishery year, and

(b) one-twentieth of the standard amount.

(3) Where—

(a) a judgment of a competent court has been obtained by a board of conservators against the lessee of a fishery, the subject of a lease under Part XII, for any fishery rate due in respect of such fishery, and

(b) the Minister is satisfied that such lessee has no goods which could be taken in execution under any process of such court,

the following provisions shall have effect:—

(i) the Minister may, if he so thinks fit, pay to such board of conservators a sum not exceeding the amount of such fishery rate and any costs and expenses incurred by such board of conservators in relation to the obtaining and attempted enforcement of such judgment,

(ii) any sum so paid shall be a debt due by such lessee to the Minister and may be recovered as a simple contract debt in a court of competent jurisdiction.

Grants to certain boards of conservators.

62.—(1) In every fishery year, the Minister shall, out of moneys provided by the Oireachtas, pay to every board of conservators within whose district 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 rateable 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 board of conservators within whose district 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.

Suspended provisions as to rates on fisheries.

63.—(1) Subsections (2), (3), (4) and (5) of this section shall not have effect during any fishery year to which section 55 applies by virtue of subsection (8) thereof.

(2) The occupier of every fishery in a fishery district, which is entered on the Valuation List prepared under the Valuation Acts as a rateable hereditament, shall in each year pay to the board of conservators for that fishery district as an annual rate, in two equal half yearly gales, on the 1st day of February and the 1st day of July in that year, such sum, in addition to the licence duties to be paid for fishing engines used in fishing that fishery, as shall be equal to the amount of the difference between the sums paid by him for such licence duties and the annual sum of ten per cent. on the rateable valuation of that fishery, subject to such reduction of that percentage as may, from time to time, be made by that board of conservators under subsection (3) of this section.

(3) The board of conservators of a fishery district may, with the approval of the Minister, reduce in respect of that fishery district the percentage specified in subsection (2) of this section, and any such reduction shall have effect on and from the 1st day of January in the then succeeding year.

(4) A rate payable to a board of conservators under this section may be recovered at the suit of the clerk of the board of conservators as a simple contract debt in any court of competent jurisdiction.

(5) A rate payable to a board of conservators under this section shall be collected by such persons as the board may from time to time appoint, adequate security being taken by the board from the persons so appointed for the duly accounting for the rate collected, and the costs of the collection of the rate shall be part of the expenses of the board.

PART VI.

Licences for Fishing for Salmon, Trout and Eels.

Chapter I.

Ordinary Fishing Licences.

Non-application of this Chapter to special tidal waters.

64.—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.

65.—(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.

66.—(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 68 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.

67.—(1) Every board of conservators shall, in accordance with 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 68 applies or a salmon rod (annual) (district) ordinary licence to which subsection (3) of the said section 68 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) Where an application for a salmon rod licence is made to the board of conservators for a fishery district, such licence shall be issued—

(a) in case the applicant is the owner or occupier of a rod fishery for salmon in such fishery district, in the electoral division of such fishery district in which such fishery is situate, or

(b) in any other case—

(i) if there is only one freshwater electoral division of such fishery district, in such freshwater electoral division, or

(ii) if there are two or more freshwater electoral divisions of such fishery district, in such one of the said divisions as the applicant may request.

(8) Where an application is made to a board of conservators 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 electoral division in which such engine is situate.

(9) Every ordinary licence issued in respect of an engine for fishing (other than rod and line) shall contain on the face thereof—

(a) in the case of an engine to be used in a several fishery, the name of the person (in this section referred to as the owner) who is for the time being entitled to use such engine for his own benefit or, if the owner so requests by notice in writing to the board of conservators concerned, such other person as the owner specifies in the notice, or

(b) in every other case, the name and address of the person paying the licence duty on such engine.

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

(11) 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.

(12) 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.

(13) 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.

(14) 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 this Act and any instrument made thereunder.

(15) 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 this Act and any instrument made thereunder.

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

(17) An ordinary fishing licence shall not be construed as giving or conferring any right of fishing or of using any engine for taking fish by any means or in any place which the person having or using the licence would not have possessed if this Act had not been passed or as altering or affecting the rights of any other person.

Duties on ordinary fishing licences.

68.—(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 Fourth 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 Fourth 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 Fourth 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 Fourth 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 69 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 69,

(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 69.

(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.

Licence duties on engines not specified in Fourth Schedule, and restrictions on user of such engines.

69.—(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 board of conservators for such fishery district, such person may apply in accordance with this section, to the said board of conservators to fix the ordinary licence duty in respect of an ordinary fishing licence to use such engine, and upon receipt of such application the said board of conservators 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.

(2) Every application under this section in relation to an engine shall contain a description of the engine, its estimated catching power as compared with scheduled engines, and the name by which it is to be designated.

(3) Where the board of conservators for a fishery district fixes, under subsection (1) of this section, the ordinary licence duty in respect of an ordinary fishing licence to use in that 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.

(4) Where the board of conservators for a fishery district fixes, in pursuance of an application under subsection (1) of this section, the licence duty in respect of a licence to use in that 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 board of conservators 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 board of conservators, may, as he thinks fit, reduce, confirm or increase the amount of such duty and his decision shall be final,