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7 1952



Preliminary and General.

Short title.

1. —This Act may be cited as the Sea Fisheries Act, 1952.


2. —In this Act—

the Association” means the body established by section 23;

the Board” means the body established by section 14;

the distributive fish trade” includes the wholesale fish trade, the retail fish trade and the business of curing, smoking, canning or otherwise processing fish for sale;

fresh fish” means fish which has not been salted, smoked, cured or otherwise artificially preserved, but includes fish which has been preserved solely by refrigeration;

licence” means a licence under section 9;

master”, in relation to a sea-fishing boat, means the master, skipper or other person for the time being in charge of the boat;

the Minister” means the Minister for Agriculture;

prescribed” means prescribed by regulations made by the Minister;

sea-fish” means fish of any kind found in the sea and whether fresh or in other condition and includes crustaceans and molluscs found in the sea;

sea-fishing” means fishing for or taking sea-fish in tidal waters;

sea-fishing boat” means any ship, boat or other vessel of whatsoever kind used for sea-fishing, and includes any ship, boat or other vessel used for the treatment of fish or wholly or mainly for the transport of fish;

seafisherman” means an individual who engages in sea-fishing and does not directly engage in either the wholesale or retail sale of fresh fish;

the wholesale fish trade” includes the business of auctioning fish.


3. —This Act shall come into operation on such day or days as may be fixed therefor by order or orders of the Minister either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions of this Act.

Laying of Regulations before Houses of Oireachtas.

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

Laying of reports and accounts of Board before Houses of Oireachtas.

5. —The Minister shall lay before each House of the Oireachtas a copy of every report made to him by the Board under this Act, together with a copy of the last capital account, revenue account, profit and loss account, and balance sheet of the Board and a copy of the auditors' report on such accounts and balance sheet and shall with every such report by the Board lay before each House of the Oireachtas copies of such information, returns and accounts furnished to him under this Act as may be necessary for the proper understanding of such report.

Prosecution of offences.

6. —(1) Proceedings for an offence under this Act shall not be instituted save by or with the consent of the Minister.

(2) Every offence under this Act may be prosecuted by or at the suit of the Minister as prosecutor.


7. —All expenses of carrying this Act into execution shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.