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14 1959

FISHERIES (CONSOLIDATION) ACT, 1959

Chapter III.

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

Scheduled trout waters.

79. —(1) A board of conservators may from time to time by order declare that any river or lake or portion thereof situate in the fishery district of such board shall be scheduled trout waters for the purposes of this Act.

(2) A board of conservators may by order revoke any order made by it under subsection (1) of this section.

(3) Every order made under this section shall be in such form and shall be published in such manner as the Minister may direct.

Penalty for fishing in scheduled trout waters for trout with rod and line by unlicensed person.

80. —(1) It shall not be lawful for any person to fish for trout with 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) 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) 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, or

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

(2) If any person acts in contravention of subsection (1) 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.

Kinds of trout rod licences and licence duties thereon.

81. —(1) Trout rod licences shall be of three kinds, namely—

(a) trout rod (general) licences,

(b) trout rod (riparian owner) licences, and

(c) trout rod (juvenile) licences.

(2) There shall be payable on—

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

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

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

Area of validity of trout rod licences.

82. —(1) A trout rod (general) licence shall be valid throughout the State.

(2) A trout rod (riparian owner) licence shall be valid only in that portion of scheduled trout waters—

(a) in which the holder of the licence is entitled to fishing rights, and

(b) which is contiguous to land occupied by the holder.

(3) A trout rod (juvenile) licence shall be valid only in the fishery district of the board of conservators by whom it is issued.

Right to issue of trout rod licences.

83. —(1) Where—

(a) a person applies to a board of conservators for a fishery district or to an authorised agent of such board for the issue to him of a trout rod (general) licence and

(b) such person tenders the sum of five shillings,

such board or agent shall, subject to the provisions of this Act, issue a trout rod (general) licence to that person.

(2) Where—

(a) a person applies to a board of conservators within whose fishery district any scheduled trout waters are situate or to an authorised agent for such board for the issue to him of a trout rod (riparian owner) licence, and

(b) such person satisfies such board or agent that he is the occupier of land contiguous to any portion of such scheduled trout waters and that he is entitled to fishing rights in such scheduled trout waters, and

(c) such person tenders the sum of sixpence,

such board or agent shall, subject to the provisions of this Act, issue a trout rod (riparian owner) licence to such person.

(3) Where—

(a) a person applies to a board of conservators within whose fishery district any particular scheduled trout waters are situate or to an authorised agent for such board for the issue to him of a trout rod (juvenile) licence, and

(b) such person satisfies such board or agent that he is for the time being under the age of seventeen years, and

(c) such person tenders the sum of sixpence,

such board or agent shall, subject to the provisions of this Act, issue a trout rod (juvenile) licence to such person.

Provisions in relation to trout rod licences.

84. —(1) The following provisions shall apply in respect of trout rod licences:—

(a) a separate trout rod licence shall be issued for each rod,

(b) each trout rod licence shall be valid for one year only and that year shall be the year in which it is issued,

(c) every trout rod licence shall—

(i) be prepared and printed in such form as the Minister may direct,

(ii) have printed thereon the period for which it is available and such other particulars as the Minister may direct,

(iii) be sealed with the seal of the board of conservators within whose fishery district it is issued,

(d) each trout rod licence shall specify the name and address of the person to whom it is issued and shall not be transferred to any other person.

(2) A trout rod licence shall not be construed as giving or conferring on the holder thereof any right of fishing in any place which the person holding or using the licence would not have possessed if this Act had not been passed or as altering or affecting the rights of any other person.