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14 1959

FISHERIES (CONSOLIDATION) ACT, 1959

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.