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17 1939

FISHERIES ACT, 1939

PART II.

Amendment and Extension of Fisheries Acts, 1842 To 1937.

Fishing Licences and Licence Duty Thereon.

Name in which fishing licences, other than rod licences, are to be issued.

6. —Every licence issued under the Fisheries Acts, or this Act, in respect of an engine (other than a single rod and line) used in the taking of fish shall contain on the face thereof, in the case of an engine 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 such notice and, in every other case, the name and address of the person paying the licence duty on such engine.

Salmon rod licences to be issued in an electoral division.

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 district, in the electoral division of such district in which such fishery is situate,

(b) in any other case—

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

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

Penalty under section 21 of the Fisheries (Ireland) Act, 1848.

8. —If any person (other than the Minister) uses in any fishery district any engine, instrument, net, weir or device not enumerated in the Schedule to the Fisheries (Ireland) Act, 1848, without having previously given, in accordance with the first proviso to section 21 of the said Act, notice to the board of conservators for such district and without having deposited with such board of conservators such sum as they may demand on account of the licence duty thereafter to be fixed in respect of such engine, instrument, net, weir or device, 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 five pounds and, in the case of a continuing offence, a further fine of not less than fifty pounds for each day on which such person has so used such engine, instrument, net, weir or device.

Restrictions on angling for trout.

9. —(1) The board of conservators for each fishery district shall, as soon as may be after the commencement of this section, by order declare that any rivers or lakes or portions thereof situate in such district, which such board considers should be scheduled as trout waters, shall be scheduled trout waters for the purposes of this section and may from time to time thereafter by further orders declare that any other rivers or lakes or portions thereof situate in such district, which such board considers should also be scheduled as trout waters, shall be scheduled trout waters for the said purposes, and any rivers or lakes or portions thereof in respect of which an order has been made under this sub-section shall so long as such order remains in force be scheduled trout waters for the said purposes.

(2) A board of conservators may, at any time, revoke any order made by it under the immediately preceding sub-section.

(3) Every order made under either of the immediately preceding sub-sections shall be in such form and shall be published in such manner as the Minister may direct.

(4) Trout rod licences shall be of three kinds, namely—

(a) trout rod (general) licences,

(b) trout rod (riparian owner's) licences,

(c) trout rod (juvenile) licences.

(5) Notwithstanding anything contained in section 21 of the Fisheries (Ireland) Act, 1848, there shall be payable on—

(a) a trout rod (general) licence, a licence duty of five shillings,

(b) a trout rod (riparian owner's) licence, a licence duty of sixpence,

(c) a trout rod (juvenile) licence, a licence duty of sixpence.

(6) Any person may obtain a trout rod (general) licence and such licence shall be valid throughout the State.

(7) Any person who satisfies the board of conservators for a fishery district that he is the occupier of any land contiguous to any portion of scheduled trout waters in such district in which he is entitled to fishing rights may obtain a trout rod (riparian owner's) licence and such licence shall be valid only in the portion of such scheduled trout waters in which such fishing rights exist.

(8) Any person who satisfies the board of conservators for a fishery district that he is for the time being under the age of seventeen years may obtain from such board a trout rod (juvenile) licence, and such licence shall be valid only in such fishery district.

(9) Sections 28, 29, 30 and 31 of the Fisheries (Ireland) Act, 1848 and section 17 of the Fisheries (Ireland) Act, 1869 shall (subject to such modifications therein as are, having regard to the preceding provisions of this section, necessary) apply to trout rod licences.

(10) It shall not be lawful for any person to fish for trout with a single rod and line in any scheduled trout waters situate in a fishery district unless—

(a) such person is the holder of a trout rod (general) licence for the time being in force, or

(b) such person is the occupier of land contiguous to the portion of such scheduled trout waters in which he is found fishing and is entitled to fishing rights in that portion and is the holder of a trout rod (riparian owner's) licence for the time being in force issued by the board of conservators for such fishery district and valid for that portion, or

(c) such person is a member of the family of the occupier of land contiguous to the portion of such scheduled trout waters in which such person is found fishing and such occupier is entitled to fishing rights in that portion and is the holder of a trout rod (riparian owner's) licence for the time being in force issued by the board of conservators for such fishery district and valid for that portion, or

(d) such person is the holder of a trout rod (juvenile) licence for the time being in force issued by such board of conservators.

(11) If any person acts in contravention of sub-section (10) of this section such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one pound.

Reduction of licence duty on salmon rod licences issued on or after 1st July.

10. —Where any board of conservators for a fishery district resolves that a salmon rod licence in such district may, if purchased on or after the 1st day of July, be issued and shall be obtainable on payment of the licence duty of one pound, such resolution shall have effect during the year commencing next after the date of the passing thereof and shall continue to have effect to the end of any year during which it may be rescinded.

Right of holder of salmon rod licence to fish for trout.

11. —The holder of a salmon rod licence issued in a particular fishery district shall be entitled to fish with a single rod and line for trout in that district during the period to which such salmon rod licence applies without holding any other licence.

Alteration of licence duties on certain nets and provision for payment thereof by instalments.

12. —(1) The First Schedule to the Fisheries Act, 1925 (No. 32 of 1925), is hereby amended by the insertion therein of the following rates of licence duties in lieu of the several duties mentioned at numbers 3 and 4 of the said Schedule, that is to say:—

3. Draft nets or seines

£5

0

0

4. Drift nets of any length

£5

0

0

and the Fisheries Acts, 1842 to 1937, shall be construed and have effect accordingly.

(2) Where, not later than the first day of the open season for fishing with engines other than single rod and line in any year for a fishery district, an application is made to the board of conservators for such fishery district for a licence to fish with a draft net or seine or a drift net, and the applicant tenders with his application one moiety of the licence duty payable in respect of such licence—

(a) such board of conservators shall issue such licence to the applicant subject however to the condition (which shall be endorsed on such licence) that the balance of the said licence duty shall be paid not later than the thirtieth day after the first day of such open season,

(b) if such condition is not complied with such licence shall on and after the expiration of the said thirtieth day cease to be in force.

Forfeiture of licences.

13. —(1) Where—

(a) a person is convicted of an offence under the Fisheries Acts, or this Act, and

(b) such person is the holder of a licence or licences to fish for salmon or trout,

the court by whom such person is convicted may, in addition to any other penalty, direct such licence or licences to be forfeited.

(2) Where a licence is directed to be forfeited under this section, such licence shall thereupon cease to be in force.

Boards of Conservators.

Right of payers of fishery rate to vote at elections.

14. —(1) Where—

(a) a person who is the rated occupier of a fishery (the valuation of which under the Valuation Acts 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 a fishery year in which an election of the conservators for that electoral division is held, and

(b) the amount of such fishery rate is one pound or more,

the following provisions shall have effect, that is to say:—

(c) such person or an attorney or agent duly appointed under section 3 or 4 of the Fisheries (Ireland) Act, 1850, shall be entitled to vote at such election and to have, thereat the following number of votes, that is to say:—

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

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

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

(iv) if the said amount is not less than ten pounds, four votes;

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

(2) Nothing in sub-section (1) of this section shall affect the right of any person to vote at an election of conservators in accordance with the amount of licence duty paid by him.

Right of licence holders to vote at elections.

15. —(1) No person shall be entitled to vote at an election of a board of conservators in respect of the licence duty on an engine (other than a salmon rod licence) used in the taking of fish in a several fishery save only the person whose name is contained on the licence issued in respect of such engine.

(2) The payment of a licence duty on a fixed engine used in the taking of fish shall not entitle the person by whom such duty is paid or any other person to vote at an election of a board of conservators for an electoral division other than the electoral division in which such engine is situate.

(3) Where a licence in respect of any engine used in the taking of fish is issued after the 31st day of July in any year, the licence duty paid for such licence shall not be taken into account in computing the amount of licence duty paid for the purpose of determining the voting rights at an election of conservators held in that year.

(4) The sum of one pound paid in respect of a salmon rod licence issued on or after the 1st day of July shall not be taken into account in computing the amount of licence duty paid for the purpose of determining voting rights at any election of conservators.

(5) The sum paid in respect of a trout rod licence shall not be taken into account in computing the amount of licence duty paid for the purpose of determining voting rights at any election of conservators, other than an election held under the provisions of the next following section.

Representation of trout anglers on boards of conservators.

16. —(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, that is to say:—

(a) in case the number of such trout rod licences is at least fifty per cent. of and 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 sub-section (1) of this section in any year as a representative to sit on a board of conservators for a district that is to say:—

(a) such person shall, subject to the provisions of the Fisheries Acts, and this Act, so far as those provisions are applicable, 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 the Fisheries Acts;

(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 disqualified from acting as a conservator, such board may at or before the second meeting after such death, resignation 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 or disqualification.

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

(4) At any election under sub-section (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.

Inquiries in respect of boards of conservators.

17. —(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) A person (in this section referred to as an authorised person) appointed under sub-section (1) of this section to hold an inquiry under this section into the performance of their duties by a board of conservators may do all or any of the following things, that is to say:—

(a) summon witnesses to attend before him at such inquiry;

(b) examine on oath (which such person is hereby authorised to administer) witnesses attending before him at such inquiry;

(c) require any such witnesses to produce any documents in their power or control the production of which such person considers necessary for the purpose of such inquiry.

(3) A witness before an authorised person holding an inquiry shall be entitled to the same immunities and privileges as if he were a witness before the High Court.

(4) If any person—

(a) on being duly summoned to attend as a witness before an authorised person holding an inquiry makes default in attending, or

(b) so being in attendance as a witness, refuses to take an oath legally required by such authorised person to be taken, or to produce any document in his power or control legally required by such authorised person to be produced by him, or to answer any question to which such authorised person may require an answer,

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.

(5) 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.

(6) 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.

(7) Any sum recovered by the Minister under the next preceding sub-section 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.

(8) An offence under this section may be prosecuted by the Minister.

Power to dissolve boards of conservators.

18. —(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 the next preceding sub-section 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 sub-section (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 the next preceding sub-section 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.

Disqualification for membership of board of conservators.

19. —Where a person is convicted of an offence under the Fisheries Acts, or under this Act, the following provisions shall have effect, that is to say:—

(a) such person 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 such conviction;

(b) if such person is an elected member of a board of conservators, he shall upon such conviction cease to be a member of such board,

(c) if such person is at the date of such conviction possessed of or subsequently becomes possessed of, as rated occupier (either alone or with other persons), a several or exclusive fishery valued under the Valuation Acts at fifty pounds yearly or upwards, the rights conferred by section 6 of the Fisheries (Ireland) Act, 1848, as amended by section 7 of the Fisheries Act, 1925 (No. 32 of 1925), and this Act, shall cease to be exercisable by such person for a period of seven years from the date of such conviction;

(d) if such person is an agent of another person qualified as an ex-officio conservator under section 6 of the Fisheries (Ireland) Act, 1848, as so amended, he shall cease thereafter to be qualified to act as an agent for such other person in that other person's capacity as an ex-officio conservator for a period of seven years from the date of such conviction;

(e) such person shall thereafter be disqualified from being appointed an agent under section 4 of the Fisheries (Ireland) Act, 1850, for a period of seven years from the date of such conviction.

Ex-officio members of boards of conservators.

20. —(1) Section 6 (which relates to ex-officio conservators) of the Fisheries (Ireland) Act, 1848, as amended by section 7 of the Fisheries Act, 1925 (No. 32 of 1925), shall be construed and have effect as if there were substituted—

(a) for the words “owner, lessee or occupier” the words “rated occupier”, and

(b) for the words “owners, lessees or occupiers” the words “rated occupiers”.

(2) No person shall be deemed an ex-officio member of a board of conservators under section 6 of the Fisheries (Ireland) Act, 1848, as amended by section 7 of the Fisheries Act, 1925 (No. 32 of 1925), 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.

Officers and servants of boards of conservators.

21. —The period of office of the clerk or of 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.

Rates on Fisheries.

Recovery of fishery rates.

22. —Whenever any person (in this section referred to as the rated person) rated in respect of a fishery for fishery rate fails to pay a moiety of such fishery rate within one month after the day on which such moiety is required by sub-section (5) of section 13 of the Fisheries Act, 1925 (No. 32 of 1925), to be paid, such moiety shall be recoverable (at the option of the person entitled by law to collect and recover the same) 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 provide 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.

Protection of Fisheries.

Prohibition of use, etc., of certain devices for taking salmon or trout.

23. —(1) Subject to the provisions of this section, no person shall, for the purpose of taking any salmon, or trout, use or have in his possession or control in any lake, river, or estuary or on or near the banks thereof any light or fire of any kind nor any otter, spear, strokehaul, gaff, or other instrument of a similar kind.

(2) Any person who shall use or have in his possession or control any light, fire, or instrument in contravention of this section 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 or, at the discretion of the Court, to imprisonment for any term not exceeding twelve months.

(3) Every person who is convicted of an offence under this section shall forfeit the light or fire used in the commission of the offence of which such person is convicted and the means or materials by which such light or fire was produced and also any instrument used by such person in the commission of such offence.

(4) The prohibition contained in this section shall not extend to the use, possession, or control by any person of a gaff used or to be used solely as auxiliary to lawful angling with rod and line between sunrise and one hour after sunset, or used or to be used by the licensee of any lawful weir, box, or crib solely for the purpose of removing fish therefrom or to the use, possession, or control by any person of an eel spear used for taking eels.

Restriction on possession of illegal net, etc.

24. —(1) No person shall have in his possession or control in any lake, river, or estuary or in any part thereof or on or near the banks of any lake, river, or estuary or of any particular part thereof any net or other instrument or lure or bait the use of which in such lake, river, or estuary or such particular part thereof (as the case may be) for the purpose of taking salmon, trout, or other fish is unlawful.

(2) Any person who shall have in his possession or control any net or other instrument or lure or bait in contravention of this section 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 or, at the discretion of the Court, to imprisonment for any term not exceeding twelve months and shall forfeit such net, or other instrument, or lure or bait.

(3) Where—

(a) a person is found in possession of or has in his control any net in the vicinity of the boundary between the tidal and freshwater portions of any river or lake, and

(b) by reason thereof such person is charged with an offence under this section,

it shall be a good defence to such charge for such person to prove that he is the holder of a licence to use such net in such tidal waters and that such net is intended for use in such tidal waters.

Protection of rivers from pollution.

25. —(1) No pit, tank, conduit, pipe-line or other receptacle containing or conveying or intended to contain or convey any deleterious or poisonous matter shall be constructed within thirty yards of the bank of any river, lake, or natural or artificial watercourse, unless such provision as the Minister shall have approved has been made for effectually preventing the passage therefrom of any deleterious or poisonous liquid or washings or drainage from any deleterious or poisonous matter into such river, lake or water-course.

(2) Any existing pit, tank, conduit, pipe-line or other receptacle situated within thirty yards of the bank of any river, lake, or natural or artificial water-course and constructed or used for the above purpose shall, within six months after the commencement of this section, have such alterations made therein or such provisions added thereto as shall effectually, and to the satisfaction of the Minister, prevent the passage therefrom of any deleterious or poisonous liquid or washings or drainage from any deleterious or poisonous matter into such river, lake or watercourse.

(3) Any person doing anything prohibited or any owner, occupier or user of any such pit, tank, conduit, pipe-line or other receptacle failing to do anything required to be done by either of the above sub-sections shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first offence under this section, to a fine not exceeding ten pounds in respect of every day during which such offence shall continue, and, in the case of a second or subsequent offence under this section affecting the same river, lake, or watercourse, to a fine not exceeding twenty pounds in respect of every day during which such offence shall continue, and to imprisonment for a period not exceeding twelve months.

Use of poison, etc., or explosives.

26. —Any person who uses lime, spurge, or any narcotic, irritant or poisonous substance, or any explosive, for the purpose of injury to or destruction of fish in any river, lake or estuary, whether the same be a public or a private fishery, or in any part of the sea 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 or, at the discretion of the Court, to imprisonment for any term not exceeding twelve months.

Inclusion of portion of the month of October in the close season.

27. —(1) The period commencing on the 13th day of October and ending on the 31st day of that month shall, in respect of every river and fishery district, be included in and form part of the close season for angling for salmon or trout with single rod and line, but the foregoing provision of this sub-section shall be without prejudice to the operation of any statutory instrument made under the Fisheries Acts and in force at the commencement of this section whereby the said close season includes a greater portion of the said month of October.

(2) No power now subsisting under any Act of altering a close season shall extend to or authorise the excluding of the period named in the immediately preceding sub-section from the close season in respect of any river or fishery district for angling for salmon or trout with single rod and line.

Breach of weekly close time.

28. —(1) Where an offence under section 46 of the Fisheries (Ireland) Act, 1850, has been committed in relation to any fishery, then if—

(a) such offence was committed by a person in the employment or under the control of the owner or occupier of such fishery, or

(b) such offence was committed by a person (other than such owner or occupier or a person in the employment or under the control of such owner or occupier) and was facilitated by the failure of such owner or occupier to take reasonable precautions against the commission of such offence,

such owner or occupier shall also be deemed to be guilty of such offence and shall be liable to be proceeded against and punished accordingly.

(2) Where—

(a) an offence under section 46 of the Fisheries (Ireland) Act, 1850, has been committed in relation to any fishery by a person in the employment or under the control of the owner or occupier of such fishery, and

(b) such owner or occupier is, by virtue of the immediately preceding sub-section, charged with such offence,

it shall be a good defence for such owner or occupier to prove—

(i) in case the offence is based on failure to do any act required to be done by the said section 46, that he used due diligence to ensure that the said act was done and that such failure was not occasioned by his directions or wilful default,

(ii) in case the offence is based on the commission of any act prohibited by the said section 46, that be used due diligence to prevent such commission, and that the said act was done without his consent, connivance or wilful default, and

(iii) in every case, that on being charged with the offence he gave to the person charging him all information in his power with respect to the person who (as the case may be) failed to do any act required to be done by the said section 46 or did any act prohibited by the said section 46.

Provisions in Relation to Fishing Weirs and Dams.

Construction of free gaps in fishing weirs.

29. —(1) Whenever, notwithstanding any decision made by the Special Commissioners under the provisions of the Salmon Fishery (Ireland) Act, 1863, or any court of competent jurisdiction prior to the passing of this Act, the Minister is satisfied that there is not in a fishing weir a gap in accordance with section 9 of that Act, the Minister may cause to be served on the occupier of such fishing weir a notice requiring such occupier to construct, in accordance with the said section 9 and within the time (not being less than one month from the service of such notice) specified in such notice, a free gap in such fishing weir.

(2) Where a notice has been served under sub-section (1) of this section on the occupier of a fishing weir, such occupier may, within one month after the service of such notice, apply to the Judge of the Circuit Court within whose jurisdiction such fishing weir is situate for an order quashing such notice on the ground that there is already in such fishing weir a free gap in accordance with section 9 of the Salmon Fishery (Ireland) Act, 1863, and thereupon the following provisions shall have effect, that is to say:—

(a) such occupier shall give notice to the Minister of the application;

(b) such occupier and the Minister shall be entitled to appear on the hearing of the application and to adduce evidence;

(c) if such Judge is satisfied that there is already in such fishing weir a free gap in accordance with the said section 9, he shall quash such notice and direct the Minister to pay to such occupier the costs of the occupier of and incidental to the application, and such notice shall be deemed not to have been served;

(d) if such Judge is not so satisfied he shall refuse the application and direct such occupier to pay to the Minister the costs of the Minister of and incidental to the application, and may also amend such notice by extending the time specified in such notice for compliance therewith;.

(e) the decision of such Judge on the application shall be final and conclusive and not appealable.

(3) Where a notice has been served under sub-section (1) of this section on the occupier of a fishing weir, and such occupier has not complied with the requirements of such notice, the following provisions shall have effect, that is to say:—

(a) such occupier shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not less than fifty pounds nor more than one hundred pounds,

(b) the Minister may, (whether proceedings have or have not been taken against such occupier under paragraph (a) of this sub-section) by himself, his officers or any other person enter on such fishing weir and any land adjoining such fishing weir and construct a free gap in such weir.

(4) Where the Minister constructs under this section a free gap in a fishing weir he shall be entitled to recover as a simple contract debt in any court of competent jurisdiction from the occupier of such fishing weir the expenses incurred by the Minister in constructing such free gap.

(5) Whenever the Minister is entitled under this section to recover any expenses, a certificate sealed with the official seal of the Minister and certifying the amount of such expenses shall be prima facie evidence of the amount of such expenses.

(6) Where any consequential damages arise out of the construction by the Minister of a free gap in a fishing weir, the occupier of such fishing weir shall be liable for such damages.

(7) Where a free gap has been made in a fishing weir under this section, rules 2, 3 and 4 set out in section 12 of the Salmon Fishery (Ireland) Act, 1863 shall apply in respect of such free gap.

(8) Nothing in this section shall be construed as affecting section 19 of the Shannon Fisheries Act, 1935 (No. 4 of 1935).

(9) This section shall not apply in respect of any fishing weir which was the subject of an order under section 11 of the Salmon Fishery (Ireland) Act, 1863.

(10) An offence under this section may be prosecuted by the Minister.

Fish passes in dams and repair of dams.

30. —(1) Whenever the Minister is satisfied that any dam, constructed or placed (whether before or after the passing of this Act) in or across any river frequented by salmon is so constructed or maintained as not to permit and allow of, in one or more parts thereof, the free run or migration of salmon, trout, and other fish at all periods of the year, the Minister may cause to be served on the occupier of such dam, a notice requiring such occupier to execute within the time (not being less than one month from the service of such notice) specified in such notice such repairs (including alterations or additions) to such dam as shall appear to the Minister to be necessary or desirable for the purpose of affording a free and uninterrupted passage to the fish frequenting such river.

(2) Where a notice has been served under sub-section (1) of this section on the occupier of a dam used in connection with a mill or factory and such occupier, within one month after such service, represents in writing to the Minister that compliance with such notice would adversely affect the operation of such mill or factory, the Minister shall cause a fit and proper person to enquire into and report to him upon such representation, and upon the making of the report the following provisions shall apply, that is to say:—

(a) if the report discloses that the execution of the repairs specified in such notice would involve a reduction of more than five per cent. in the working horse power which was available to such mill or factory up to the date of the service of such notice (as measured when the level of the water at such dam is at the average level of the crest of such dam), the Minister shall withdraw such notice and inform such occupier accordingly;

(b) if the report discloses that the execution of the said repairs would not involve such a reduction, the following provisions shall have effect, that is to say:—

(i) the Minister shall serve a copy of such report on such occupier,

(ii) such occupier may, within fourteen days after the service of such copy, send to the Minister a statement in writing objecting to the report and specifying the grounds of his objection,

(iii) if an objection is so sent to the Minister, then—

(I) the Minister shall refer the matter to the President of the Institute of Civil Engineers in Ireland or some person appointed by the said President who may, after investigating the matter, either, as he thinks fit, agree or disagree with the report,

(II) if the person investigating the matter disagrees with the report, the Minister shall withdraw such notice,

(III) there shall be paid to the person investigating the matter such fee as the Minister, with the consent of the Minister for Finance, may fix, and there shall, in case such person agrees with the report, be paid to the Minister by such occupier a sum equal to the said fee and such sum shall be recoverable by the Minister as a simple contract debt in a court of competent jurisdiction, and when so paid to, or recovered by, the Minister shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.

(3) Whenever the Minister is satisfied that any dam constructed or placed (whether before or after the passing of this Act) in any river is so constructed or is so maintained that water which would otherwise be available for the free passage and migration of fish over or past such dam leaks or escapes through or past such dam (otherwise than by being used for the purpose for which it is sustained by such dam) and is thereby not available for such free passage and migration, the Minister may cause to be served on the occupier of such dam a notice requiring such occupier to execute within the time (not being less than one month from the service of such notice) specified in such notice such repairs (including renewals and reconstruction) to such dam as shall appear to the Minister to be requisite and shall be specified in such notice.

(4) Where a notice has been served under either sub-section (1) or sub-section (3) of this section on the occupier of a dam, and such occupier has not complied with the requirements of such notice, the following provisions shall have effect, that is to say:—

(a) such occupier shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not less than fifty pounds or more than one hundred pounds,

(b) the Minister may (whether proceedings have or have not been taken against such occupier under paragraph (a) of this sub-section), by himself, his officers or any other person enter on such dam and any land adjoining such dam and execute on such dam the repairs specified in such notice.

(5) Where the Minister executes under this section any repairs to a dam he shall be entitled to recover as a simple contract debt in any court of competent jurisdiction from the occupier of such dam the expenses incurred by the Minister in the execution of such repairs.

(6) Whenever the Minister is entitled under this section to recover any expenses, a certificate sealed with the official seal of the Minister and certifying the amount of such expenses shall be prima facie evidence of the amount of such expenses.

(7) The Minister shall not be liable for any consequential damages to any property or person arising out of the execution by him of any repairs to a dam under this section.

(8) Whenever the Minister is entitled under this section to serve a notice requiring repairs to a dam to be executed, the Minister may, before serving such notice, cause such dam to be inspected and examined, and any officer of the Minister or any other person appointed by the Minister to make such inspection and examination shall be entitled to enter for that purpose at all reasonable times on such dam and any land adjoining thereto.

(9) The powers conferred on the Minister by this section shall be in addition to and not in substitution for the powers of the Minister under section 63 of the Fisheries (Ireland) Act, 1842.

(10) An offence under this section may be prosecuted by the Minister.

(11) In this and the next following section the word “dam” means any dam, weir, sluice, wall, embankment or other artificial work constructed or placed in or connected with any river for or in connection with the sustaining of water for navigation, irrigation, water supply, water power or any other purpose whatsoever.

Alteration of abandoned and disused dams.

31. —(1) Whenever the Minister is satisfied that any dam constructed or placed in any river has been abandoned or disused for not less than five years or has not during that period effectively been used for the purpose for which it was constructed and directly or indirectly obstructs or contributes to the obstruction of the free passage and migration of fish or affords facilities for the illegal destruction of fish, the Minister may cause to be served on any person who appears to him to be the owner or the occupier of such dam a notice requiring such person to execute within the time (not being less than one month from the service of such notice) specified in such notice such alterations (including additions and complete or partial removal) of such dam as shall appear to the Minister to be requisite for securing the free passage and migration of fish or removing the facilities for the illegal destruction of fish (as the case may be) and shall be specified in such notice.

(2) Where a notice has been served under the foregoing sub-section of this section and the alterations specified in such notice are not executed within the time specified in that behalf in such notice, the Minister may, by himself and his officers or by any other person, enter on the dam to which such notice relates and any land adjoining such dam and execute the said alterations of such dam.

(3) Where the Minister executes under this section any alterations of a dam and is satisfied that such alterations became necessary by reason of the wilful neglect of the owner or the occupier of such dam, the Minister may recover as a simple contract debt in any court of competent jurisdiction from such owner or occupier the expenses incurred by the Minister in the execution of such alterations.

(4) Whenever the Minister is entitled under this section to recover the amount of any expenses, a certificate sealed with the official seal of the Minister and certifying the amount of such expenses shall be prima facie evidence of the amount of such expenses.

(5) Whenever the Minister is entitled under this section to serve a notice requiring alterations of a dam to be executed, the Minister may, before serving such notice, cause such dam to be inspected and examined, and any officer of the Minister or other person appointed by the Minister to make such inspection and examination shall be entitled for that purpose to enter at all reasonable times on such dam and any land adjoining thereto.

(6) The Minister shall not be liable for any charges for the maintenance of any dam required by him to be altered or altered by him under this section, nor for any consequential damage to any property or person arising out of such alteration, or the carrying out thereof.

(7) Whenever the Minister proposes, in relation to any abandoned or disused dam which was constructed or placed in a river for or in connection with the sustaining of water for navigation, to serve a notice or execute any alterations under this section, he shall consult with the Minister for Industry and Commerce before serving such notice or executing such alterations.

Amendment of the Fisheries (Ireland) Acts, 1842 and 1850.

32. —The expression “mill or factory” wherever it occurs in section 63 of the Fisheries (Ireland) Act, 1842, or in section 39 of the Fisheries (Ireland) Act, 1850, shall be construed as including every machine, building, or other work by or for which water is taken or used for any purpose and the said sections shall have effect accordingly.

Restriction on erection of new weirs in fresh-water.

33. —(1) It shall not be lawful for any person (other than the Electricity Supply Board in respect of a weir erected for the capture of eels) to erect in the freshwater portion of any river or in any lake any weir or other fixed engine for the capture of fish.

(2) If any person erects a weir or other fixed engine in contravention of this section such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds.

(3) Where any weir or other fixed engine is erected in contra vention of this section the Minister may cause such weir or other fixed engine to be demolished, and any expenses incurred by the Minister under this section shall be a debt due to the Minister by the occupier of such weir or other fixed engine and may be recovered as a simple contract debt in any court of competent jurisdiction.

(4) Where the Minister is entitled under this section to recover the amount of any expenses, a certificate sealed with the official seal of the Minister and certifying the amount of such expenses shall be prima facie evidence of the amount of such expenses.

(5) Nothing in this section shall be construed as precluding the erection and use by the Minister of traps for the capture of fish for the purpose of artificial propagation.

(6) The provisions of this section shall not apply to long lines used solely for the capture of eels or to engines used for the capture of fish other than salmon, trout or eels.

(7) An offence under this section may be prosecuted by the Minister.

Restriction on use of certain weirs in freshwater.

34. —(1) It shall not be lawful for any person to use in the freshwater portion of any river or in any lake any weir or other fixed engine for the capture of fish unless such weir or other fixed engine was in existence and was lawfully used during the open fishing season of one or more of the three years ending next before the commencement of this section.

(2) Where one or more cribs or boxes in a weir or fishing mill dam was lawfully used during the open fishing season of one or more of the three years ending next before the commencement of this section, such weir or fishing mill dam shall, for the purposes of sub-section (1) of this section, be deemed to have been lawfully used during such open fishing season.

(3) If any person uses any weir or other fixed engine in contravention of this section, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds and in the case of a continuing offence a further fine not exceeding fifty pounds for every day during which such offence continues after conviction thereof.

(4) Nothing in this section shall be construed as precluding the use by the Minister of traps for the capture of fish for the purpose of artificial propagation.

(5) The provisions of this section shall not apply to long lines used solely for the capture of eels or to engines used for the capture of fish other than salmon, trout or eels.

Use of Nets in Fresh Water and Tidal Waters.

Restriction on use of nets in freshwater.

35. —(1) It shall not be lawful for any person to use any net for the capture of fish in the freshwater portion of any river or in any lake, unless—

(a) such net is used under and in accordance with bye-laws made under this section, or

(b) such person is the holder of a certificate granted by the Minister under this section and such net is used under and in accordance with such certificate, or

(c) such net is a landing net and is used solely as auxiliary to lawful fishing with rod and line, or

(d) such net is used solely for the purpose of removing fish from traps in a weir, or

(e) such net is constructed for the capture of eels and is used in a several fishery.

(2) If any person uses any net in contravention of this section such person shall be guilty of an offence under this section and shall be liable on summary conviction to a fine not exceeding twenty-five pounds.

(3) The Minister may by bye-laws authorise the use, subject to such conditions as he thinks proper in any specified area in the freshwater portion of any river or in any lake, of any kind or kinds of net which may be lawfully used for the capture of fish, other than salmon, trout or eels, under the Fisheries Acts, 1842 to 1937, and the provisions of sub-sections (2), (3), (4) and (5) of section 28 of the Fisheries Act, 1925 (No. 32 of 1925), as amended by section 10 of the Courts of Justice Act, 1936 (No. 48 of 1936), shall apply in respect of such bye-laws.

(4) The Minister may by certificate in writing if he thinks fit and subject to such conditions as he shall specify in the certificate authorise the owner of a fishery or with the consent of such owner any named person to do within the limits of such fishery all or any of the following things, that is to say:—

(a) to use nets for the purposes of catching or attempting to catch any salmon or trout for the purpose of artificial propagation, and the young or fry of salmon, trout or eels for the purpose of stocking that or any other fishery;

(b) to use nets for the purposes of catching or attempting to catch for scientific purposes any fish of any kind specified in the certificate;

(c) to use nets for the purposes of removing fish, other than salmon and trout, from any portion of that fishery in which salmon or trout are found or into which it is intended to introduce salmon or trout.

(5) Where a person before the 1st day of January, 1939, was entitled to use and used in a several fishery in fresh water a net for the capture of fish, and the right of such person to use such net ceases by the operation of this section, compensation in respect of such cesser shall be paid by the Minister to the owner of such net and such compensation shall in default of agreement be fixed by an official arbitrator under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919.

(6) Where a person (in this sub-section referred to as the employer) before the 1st day of January, 1939, was entitled to use and used in a several fishery in fresh water a net for the capture of fish and the right of the employer to use such net ceases by the operation of this section, every person (in this sub-section referred to as the employee) who proves to the satisfaction of the Minister or the arbitrator appointed to fix compensation under sub-section (5) of this section in respect of such cesser all the following matters, that is to say:—

(a) that, during the whole or substantially the whole of each of the three open fishing seasons (in this sub-section referred to as the appointed seasons) next before the date of such cesser, he was constantly and regularly employed by the employer in or about the operation or protection of such net at a fixed weekly wage or at a wage calculated by reference to the value of the catch, and

(b) that the remuneration received by him in respect of such employment formed the whole or a substantial part of his livelihood while he was so employed, and

(c) that his said employment related exclusively to the operation or protection of such net, and

(d) that his employment has been terminated as the result of such cesser,

shall be entitled to be paid by the Minister, in respect of his loss of employment during the open fishing season, compensation of an amount calculated as follows, that is to say:—

(i) for each of the appointed seasons, a sum (in this sub-section referred to as the appointed sum) equal to four times the average weekly amount received by such person in respect of such employment during the third of the appointed seasons, and

(ii) for each open fishing season (if any) previous to the appointed seasons during which all the following conditions were complied with in respect of the employee, that is to say:—

(I) that during the whole or substantially the whole of such season, he was constantly and regularly employed by the employer in or about the operation or protection of such net at a fixed weekly wage or at a wage calculated by reference to the value of the catch, and

(II) that the remuneration received by him in respect of such employment formed the whole or a substantial part of his livelihood while he was so employed, and

(III) that his said employment related exclusively to the operation or protection of such net,

a sum equal to the appointed sum,

but subject to the overriding limitation that the amount of such compensation shall not in any case exceed thirteen times the appointed sum.

Possession of nets in or near fresh water.

36. —(1) It shall not be lawful for any person to have in his possession or control in, or in the vicinity of, the fresh water portion of any river or any lake any net constructed or mounted so as to be capable of being used for the capture of fish unless the user of such net in the fresh water portion of such river or in such lake would come within any one or more of the matters of exception mentioned in sub-section (1) of the immediately preceding section.

(2) If any person acts in contravention of this section 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.

(3) Where—

(a) a person is found in possession of or has in his control a net in the vicinity of the boundary between the tidal and freshwater portions of any river, and

(b) by reason thereof is charged with an offence under this section,

it shall be a good defence to such charge for such person to prove that he is the holder of a licence to use such net in such tidal waters and that such net is intended for use in such tidal waters.

Restriction of netting in public fisheries in tidal waters.

37. —(1) The Minister may, in respect of any public fishery, do by order the following things, that is to say:

(a) declare that such period (not being less than three years nor more than ten years) as the Minister thinks proper and specifies in such order shall be the appointed period for the purposes of such order;

(b) prohibit the issue of licences for any kind of nets for fishing in such fishery other than nets of a kind legally used for fishing in such fishery during the standard year;

(c) in respect of nets of each kind legally used for fishing in such fishery during the standard year—

(i) fix the maximum number of licences for nets of that kind which may be issued for fishing in such fishery during each of the years (other than the last year) falling within the appointed period, and may so fix different numbers in respect of all or any one or more of such years, subject however to the limitation that the number so fixed shall not be more than one hundred per cent. nor less than fifty per cent. of the number of licences for nets of that kind issued for fishing in such fishery during the standard year,

(ii) fix the maximum number of licences for nets of that kind which may be issued for fishing in such fishery during the last year of the appointed period and each year commencing after the expiration of the appointed period, and may fix different numbers in respect of all or any one or more of such years, subject however to the limitation that the number so fixed shall not be more than eighty per cent. nor less than fifty per cent. of the number of licences for nets of that kind issued for fishing in such fishery during the standard year,

(iii) prohibit the issue of a number of licences for nets of that kind for any year in excess of the maximum number so fixed for that year,

(iv) prohibit the issue to any one person of more than one licence for a net of that kind for any year;

(d) appoint a day preceding each year which is to be the last day for making applications for licences for nets for fishing in such fishery during such year.

(2) Where an order has been made by the Minister under sub-section (1) of this section in relation to any public fishery, the following provisions shall have effect in relation to the issue of licences for each kind of net (being nets of a kind the issue of licences in respect of which is not prohibited by such order) for fishing in such fishery for each year to which such order relates, that is to say:—

(a) no licence for a net of that kind for fishing in such fishery during such year shall be issued to any person unless an application has been made therefor not later than the date (in this sub-section referred to as the last day for making applications) fixed by such order as the last day for making applications for licences for nets for fishing in such fishery during that year;

(b) no person shall be entitled to apply for more than one licence for that kind of net for fishing in such fishery during that year, and if any person applies for more than one such licence, such application shall be treated as an application for one such licence only;

(c) if the number of applications for licences for that kind of net for fishing in such fishery during such year duly made by persons (in this sub-section referred to as preferred persons) who either (i) held licences for nets of that kind for fishing in such fishery during the standard year and were actually engaged in fishing under such licences in the standard year or (ii) were, during the whole or substantially the whole of each of the three fishing seasons immediately preceding the last day for making applications, constantly and regularly employed in fishing in such fishery, equals the maximum number of licences of that kind specified in such order for such year, no such licences shall be granted to any persons other than preferred persons;

(d) if the number of applications duly made by preferred persons for licences for that kind of net for fishing in such fishery during that year exceeds the said maximum number—

(i) no such licences shall be granted to any persons other than preferred persons;

(ii) such licences shall be issued amongst the said preferred persons in such manner as may be determined by lot;

(e) if the number of applications duly made by preferred persons for licences of that kind of net for fishing in such fishery during that year is less than the said maximum number—

(i) a licence for that kind of net shall be issued to each of such preferred persons,

(ii) if the number of such licences remaining over after the issue to preferred persons equals or exceeds the number of applications duly made by persons (in this sub-section referred to as non-preferred persons) who are not preferred persons, one licence of that kind shall be issued to each of such non-preferred persons,

(iii) if the number of such licences so remaining over is less than the number of applications duly made by non-preferred persons, such licences shall be issued amongst such non-preferred persons in such manner as may be determined by lot.

(3) In this section—

the expression “public fishery” means the tidal portion of any river in which a right of public fishing exists and the estuary thereof and the sea within three miles of the mouth of such estuary or, in case the seaward boundary of the estuary has been defined, the seaward boundary of such estuary, but does not include the tidal portions of the River Shannon or its tributaries above the mouth or mouths thereof;

the expression “the standard year” means—

(a) in relation to the Rivers Erne and Owenea and the estuaries thereof, the year 1934,

(b) in relation to any other public fishery, the year 1935.

(4) Nothing in this section shall be construed as in any way affecting the powers of the Minister to make bye-laws under the Fisheries Acts.

(5) Where a person is convicted of an offence under the Fisheries Acts or this Act such person shall not be entitled to any preferential right to obtain a licence under this section.

Restriction on Sale, Exportation and Importation of Salmon and Trout.

Prohibition of purchase, sale, etc., of salmon, etc., unlawfully captured.

38. —(1) No person shall purchase, sell, expose for sale, keep for sale, or have in his possession or control any salmon or trout unlawfully captured.

(2) Any person who purchases, sells, exposes for sale, keeps for sale, or has in his possession or control any salmon or trout in contravention of this section 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, together with an additional fine not exceeding two pounds for each such salmon or trout purchased, sold, exposed for sale, or kept for sale by such person or found in his possession or control.

(3) In any proceedings under this section against a person, the onus of proving that the salmon or trout, the subject of such proceedings, was lawfully captured shall lie on such person.

(4) Every person who is convicted of an offence under this section shall forfeit every salmon or trout in respect of which he is so convicted.

(5) Where a person, being a common carrier, is charged under this section with the offence of having in his possession or control any salmon or trout unlawfully captured, it shall be a good defence to such charge for such person to prove—

(a) that he had such salmon or trout in his possession or control as a common carrier and not otherwise, and

(b) that at the time at which such salmon or trout was accepted by him for carriage, the consignor thereof delivered to him a certificate in writing signed by such consignor to the effect that such salmon or trout was lawfully captured.

Prohibition of capture, sale, etc., of trout in January and portion of February.

39. —(1) It shall not be lawful for any person to take, kill, destroy, buy, sell, expose for sale or have in his possession any trout during the period commencing on the 1st day of January and ending on the 14th day of February in any year.

(2) If any person takes, kills, destroys, buys, sells, exposes for sale or has in his possession any trout in contravention of this section, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not less than two pounds nor more than twenty-five pounds, together with a further fine not exceeding two pounds for each trout so taken, killed, destroyed, bought, sold, exposed for sale or found in his possession.

Amendment of section 16 of the Fisheries Act, 1925 .

40. —Sub-section (1) of section 16 (which relates to the sale of salmon and trout) of the Fisheries Act, 1925 (No. 32 of 1925), is hereby amended by the insertion after the word “tins” of the words “bottles, jars, or similar containers holding only portions of fish or products of fish” and the said section shall be construed and have effect accordingly.

Prohibition of export of unclean or unseasonable salmon or salmon caught at certain times.

41. —(1) No person shall export or attempt to export any unclean or unseasonable salmon or any salmon caught during the time at which the capture of salmon is prohibited by law in the district where it is caught.

(2) Every person who exports or attempts to export any salmon in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds for each salmon so exported or attempted to be exported, and such salmon shall be forfeited.

Prohibition of exportation of salmon, etc., without licence.

42. —(1) No person (other than the Minister or the Electricity Supply Board) shall export or attempt to export any salmon or trout for sale (other than salmon or trout preserved and sold in tins, bottles, jars, or similar containers holding only portions of fish or products of fish) unless he is either duly licensed in accordance with this Act so to export the same or is duly licensed under the Fisheries Act, 1925 (No. 32 of 1925), to sell salmon and trout, and no person shall so export any such salmon or trout from any place other than the place from or at which he is authorised by such licence to export or sell (as the case may be) salmon and trout.

(2) Every person (other than the Minister or the Electricity Supply Board) who, after the expiration of two months from the commencement of this section exports or attempts to export any salmon or trout for sale in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first offence, to a fine not exceeding ten pounds and, in the case of a second or any subsequent offence, to a fine not exceeding twenty-five pounds or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.

(3) This section shall not apply to the holder of a rod licence exporting fish of his own lawful capture.

Application of Customs Acts to salmon and trout illegally exported.

43. —(1) Any officer of Customs and Excise may detain and seize any articles being or attempted to be exported in contravention of either of the two immediately preceding sections, and for that purpose may open any packet containing, or suspected by him of containing, any such articles, and the provisions of the Customs Consolidation Act, 1876, in relation to the condemnation and disposal of goods seized under that Act shall apply to all articles seized under this section in like manner as if they had been seized under that Act.

(2) The provisions of the two immediately preceding sections relating to the prohibition of the exportation or attempted exportation of articles shall have effect as though those provisions were included in the Customs Consolidation Act, 1876, and that Act and any Act amending or extending that Act shall apply accordingly, and if any person shall export or attempt to export any article in contravention of either of the said sections or bring or be in the act of bringing any article to any quay, road or other place whatsoever for the purpose of such exportation or attempted exportation, or shall aid or abet such exportation or attempted exportation, such person shall be liable to the same penalties, detention, and proceedings as those to which a person is liable under section 186 of the Customs Consolidation Act, 1876, for illegally importing prohibited goods.

Licence for export of salmon, etc., for sale.

44. —(1) Subject to the provisions of this section, a board of conservators may under section 17 (which relates to the issue of licences for the sale of salmon and trout) of the Fisheries Act, 1925 (No. 32 of 1925), issue through its clerk to any person applying for the same a licence to export salmon and trout for sale from such place or places within the district of such board as shall be specified by the applicant, and sub-section (2) of the said section 17 and sections 19, 20 and 21 of the said Act shall apply to every such licence in like manner as those sections apply to a licence issued under the said section 17 for the sale of salmon and trout.

(2) Any person who carries on or is about to carry on the business of exporting salmon or trout for sale may apply to the Justice of the District Court in the Court District in which he carries on or intends to carry on such business for such certificate as is hereinafter mentioned and the Justice on being satisfied that such person is a fit and proper person to receive and hold a licence issued by virtue of this section for the export of salmon and trout for sale shall grant to such person a certificate in writing signed by the Justice that such person is a fit and proper person as aforesaid.

(3) Every person applying to the clerk of a board of conservators for a licence for the export of salmon and trout for sale shall produce to the clerk a certificate granted under this section in respect of himself not more than one month previously, and the production of such certificate shall be a condition precedent to the issue of such licence.

(4) It shall be the duty of every holder of a licence or of a renewal of a licence for the export of salmon or trout for sale issued by virtue of this section to keep or cause to be kept in every of the premises specified in such licence a register in the prescribed form of all exportations of salmon or trout for sale from such premises and, within three hours after every such exportation, to enter in such register the prescribed particulars (which shall not include the price paid to such holder for any salmon or trout exported by him) of such exportation and of the person to whom the same was made.

(5) Every register kept in pursuance of this section may at any time during which the premises to which the register relates are open for the carrying on of business be inspected by any person authorised in that behalf by the Minister or by any member of the Gárda Síochána, and it shall be the duty of the licence-holder and of every person keeping such register to produce for the inspection of such person or member as aforesaid on demand such register and also all invoices, consignment notes, receipts and other documents (including copies thereof where the originals are not available) reasonably demanded by such person or member for the purpose of verifying any entry in or explaining any omission from such register.

(6) If any holder of a licence issued under this Act for the export of salmon and trout—

(a) fails to keep or cause to be kept such register as is required by this section, or

(b) fails to make or cause to be made in such register within the time hereinbefore mentioned any entry required by this section to be made therein, or

(c) fails to produce or cause to be produced on demand for the inspection of any person entitled under this section to inspect the same, any register, document, or copy of a document which he is required by this section so to produce, or obstructs any person entitled under this section to inspect any register, document or copy of a document in the making of such inspection, or

(d) wilfully or negligently makes or causes to be made in such register any entry which is false or misleading in any material particular,

he shall be guilty of an offence under this section and shall be liable on summary conviction thereof in the case of a first offence under this section to a fine not exceeding ten pounds, or in the case of a second or any subsequent offence under this section to a fine not exceeding twenty-five pounds.

(7) For the purposes of this section—

(a) inspection of a register or document shall include taking copies thereof or extracts therefrom, and

(b) a demand for inspection of a register or other document shall be deemed to have been duly made to the licence-holder if such demand is made verbally on the premises of the licence-holder to any person in his employment, and

(c) a refusal or failure to produce a register or other document for inspection if made or committed on the premises of the licence-holder by a person in his employment shall be deemed to have been made or committed by the licence-holder.

(8) The Minister may make regulations in relation to any matter or thing referred to in section 19 of the Fisheries Act, 1925 , as applied by this section, or in this section as prescribed.

Amendment of section 22 of the Fisheries Act, 1925 .

45. Section 22 of the Fisheries Act, 1925 (No. 32 of 1925), shall be construed and have effect as if the following sub-section were inserted therein in lieu of sub-section (1) of the said section, that is to say:—

“(1) It shall be the duty of every holder of a licence or of a renewal of a licence issued under this Act for the sale of salmon and trout to keep or cause to be kept in every of the premises specified in such licence a register in the prescribed form of all purchases and receipts of salmon or trout at or for sale on such premises and of all sales, exportations, disposals, and removals of salmon or trout made on or from such premises and, within six hours after any such purchase or receipt and within three hours after any such sale, exportation, disposal, or removal, to enter in such register the prescribed particulars of such purchase, receipt, sale, exportation, disposal, or removal (as the case may be) and of the person from whom the same was purchased or received or to whom the same was sold, exported, or disposed of or the place to which the same was removed (as the case may require).”

Restriction on importation of live fish.

46. —(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 sub-section revoke or amend any order made by him under this section (including this sub-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, that is to say, live fish, or other aquatic animals, and the eggs or young of fish or other aquatic animals.

(6) Articles prohibited to be imported by virtue of this section shall be deemed to be included among the goods enumerated and described in the table of prohibitions and restrictions inwards in section 42 of the Customs Consolidation Act, 1876, and the provisions of that Act, as amended or extended by any subsequent Act, applying to the importation of prohibited or restricted goods shall apply accordingly.

Minor Amendments of the Fisheries Acts, 1842 to 1937.

Amendment of section 87 of the Fisheries (Ireland) Act, 1842.

47. —Section 87 of the Fisheries (Ireland) Act, 1842, shall be construed and have effect as if there were substituted for the words “such twelve hours” the words “such twenty-four hours”.

Substitution of expression “water keeper” for expression “water bailiff” in Fisheries Acts.

48. —In the Fisheries Acts, 1842 to 1937—

(a) the words “water keeper” shall be substituted for the words “water bailiff” wherever the latter words occur;

(b) the words “water keepers” shall be substituted for the words “water bailiffs” wherever the latter words occur;

(c) the word “keeper” shall be substituted for the word “bailiff” wherever the latter word occurs;

(d) the word “keepers” shall be substituted for the word “bailiffs” wherever the latter word occurs.

Amendment of section 11 of the Oyster Cultivation (Ireland) Act, 1884.

49. —Section 11 of the Oyster Cultivation (Ireland) Act, 1884 shall be construed and have effect as if there were substituted for the words “confirmed by the Lord Lieutenant” the word “made”.

Delegation of Certain Duties and Powers.

Delegation of certain duties and powers under the Fisheries Acts.

50. —(1) For the purposes of the duties and powers under the Fisheries Acts formerly imposed on and exercisable by the Inspectors of Irish Fisheries and now imposed on and exercisable by the Minister, the Minister may from time to time assign to any officer or officers of the Minister the performance of such of the said duties and the exercise of such of the said powers as the Minister thinks fit.

(2) Any officer (in this section referred to as an authorised officer) of the Minister to whom there is assigned under this section the duty of holding a public inquiry may, in the performance of such duty, do all or any of the following things, that is to say:—

(a) summon witnesses to attend before him at such inquiry,

(b) examine on oath (which such officer is hereby authorised to administer) witnesses attending before him at such inquiry,

(c) require any such witnesses to produce any documents in their power or control the production of which such officer considers necessary for the purposes of such inquiry.

(3) A witness before an authorised officer holding a public inquiry shall be entitled to the same immunities and privileges as if he were a witness before the High Court.

(4) If any person—

(a) on being duly summoned to attend as a witness before an authorised officer holding a public inquiry makes default in attending, or

(b) so being in attendance as a witness, refuses to take an oath legally required by such authorised officer to be taken, or to produce any document in his power or control legally required by such authorised officer to be produced by him, or to answer any question to which such authorised officer may require an answer,

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.

(5) An offence under this section may be prosecuted by the Minister.