Number 17 of 1939.
FISHERIES ACT, 1939.
ARRANGEMENT OF SECTIONS
Preliminary and General.
Section | |
Amendment and Extension of Fisheries Acts, 1842 to 1937.
Fishing Licences and Licence Duty Thereon.
Boards of Conservators.
Rates on Fisheries.
Protection of Fisheries.
Prohibition of use, etc., of certain devices for taking salmon or trout. | |
Inclusion of portion of the month of October in the close season. | |
Provisions in Relation to Fishing Weirs and Dams.
Use of Nets in Fresh Water and Tidal Waters.
Restriction on Sale, Exportation and Importation of Salmon and Trout.
Minor Amendments of the Fisheries Acts, 1842 to 1937.
Delegation of Certain Duties and Powers.
Delegation of certain duties and powers under the Fisheries Acts. |
Amendment and Extension of Fisheries (Tidal Waters) Act, 1934.
Collective citation of the Act of 1934 and Part III of this Act. | |
Evidence of Existence of Several Fisheries in Tidal Waters.
Transfer to the Minister of Certain Fisheries and Provisions in Relation to Fisheries so Transferred.
Preliminary.
Transfer to the Minister of Transferable Fisheries.
Transfer to the Minister of Certain State Fisheries.
Transfer of fisheries to the Minister by the Commissioners of Public Works. | |
Transfer fisheries to the Minister by the Irish Land Commission. |
Acquisition of Lands, etc., by the Minister for Purposes of the Management, Operation and Protection of Vested Fisheries.
Payment and ascertainment of compensation in respect of land, etc. |
Management, Operation, and Disposal of Vested Fisheries. Operation of Vested Fisheries by the Minister.
Leases of Vested Fisheries.
Non-user of Vested Fisheries.
Supplementary Provisions.
Fishing licences in vested fisheries operated by the Minister. | |
Miscellaneous Provisions.
Power of Minister to take on lease fisheries for research purposes. | |
Legal Proceedings.
ENACTMENTS REPEALED.
Acts Referred to | |
No. 24 of 1934 | |
No. 32 of 1925 | |
No. 35 of 1937 | |
No. 4 of 1935 | |
No. 48 of 1936 | |
No. 34 of 1937 | |
No. 12 of 1933 | |
No. 24 of 1925 | |
No. 6 of 1924 | |
No. 33 of 1935 | |
Number 17 of 1939.
FISHERIES ACT, 1939.
PART I.
Preliminary and General.
Short title and collective citation.
1.—(1) This Act may be cited as the Fisheries Act, 1939.
(2) The Fisheries Acts, 1842 to 1937, the Fisheries (Tidal Waters) Act, 1934 (No. 24 of 1934), and this Act may be cited together as the Fisheries Acts, 1842 to 1939.
Commencement.
2.—This Act shall come into operation on such day as shall be fixed for that purpose by order of the Minister either generally or with reference to any particular Part or provision and different days may be so fixed for different Parts and different provisions of this Act.
Definitions and construction.
3.—(1) In this Act—
the expression “the Fisheries Acts” means the Fisheries Acts, 1842 to 1937, as amended by this Act, and the Fisheries (Tidal Waters) Act, 1934 (No. 24 of 1934), as amended by this Act;
the expression “the Minister” means the Minister for Agriculture;
the expression “fishery rate” means a rate struck by a board of conservators and confirmed by the Minister under section 13 of the Fisheries Act, 1925 (No. 32 of 1925), as amended by the Fisheries Act, 1937 (No. 35 of 1937), or any subsequent enactment, or a rate struck by the Minister under the said section 13;
the words “salmon” “trout” and “fish” respectively include part of a salmon, part of a trout and part of a fish;
the expression “salmon rod licence” means a licence to fish with single rod and line for salmon;
the expression “trout rod licence” means a licence to fish with single rod and line for trout.
(2) Any reference in this Act to the time at which a fishery rate was made shall be construed as a reference to—
(a) in case such fishery rate was struck by a board of conservators and confirmed by the Minister under section 13 of the Fisheries Act, 1925 (No. 32 of 1925), as amended by the Fisheries Act, 1937 (No. 35 of 1937), or any subsequent enactment, the day on which such fishery rate was so confirmed;
(b) in case such fishery rate was struck by the Minister under the said section 13, the day on which such fishery rate was so struck.
(3) This Act shall be construed as one with the Fisheries Acts, 1842 to 1937 and the Fisheries (Tidal Waters) Act, 1934 (No. 24 of 1934).
Expenses.
4.—The expenses incurred by the Minister under this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
Repeals.
5.—The enactments specified in the Schedule to this Act are hereby repealed to the extent mentioned in the third column of the said Schedule.
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.
PART III.
Amendment and Extension of Fisheries (Tidal Waters) Act, 1934.
“The Act of 1934”.
51.—In this Part of this Act, the expression “the Act of 1934” means the Fisheries (Tidal Waters) Act, 1934 (No. 24 of 1934).
Collective citation of the Act of 1934 and Part III of this Act.
52.—The Act of 1934 and this Part of this Act may be cited together as the Fisheries (Tidal Waters) Acts, 1934 and 1939.
Continuance of the Act of 1934.
53.—The Act of 1934 shall, notwithstanding anything contained in sub-section (2) of section 18 of that Act or sub-section (1) of section 4 of the Fisheries (Tidal Waters) (Amendment) Act, 1937 (No. 34 of 1937), remain in force until otherwise provided by the Oireachtas.
Payment of special local licence duties by instalments.
54.—(1) Where a board of conservators is authorised by order of the Minister under the Act of 1934 to issue special local licences to use, in particular tidal waters to which the said Act applies situate in its fishery district, any particular kind of engine, net, instrument or device for the taking of salmon or trout, the Minister may, whenever and as often as he thinks fit, by order do the following things, that is to say:—
(a) declare that such three periods in each year as the Minister thinks proper and specifies in such order shall be issue periods for the purposes of such order;
(b) authorise such board to issue during the first issue period in any year special local licences to use in such tidal waters an engine, net, instrument or device of such kind for the taking of salmon or trout on payment of a specified proportion of the appropriate special local licence duty, subject however to the following condition (which shall be endorsed on each such licence), that the balance of such duty shall be paid in three equal instalments, and that each such instalment shall be paid not later than the date specified in such order as the date for the payment thereof;
(c) authorise such board to issue during the second issue period in any year special local licences to use in such tidal waters an engine, net, instrument or device of such kind for the taking of salmon or trout on payment of a specified proportion of the appropriate special local licence duty, subject however to the following condition (which shall be endorsed on each such licence), that the balance of such duty shall be paid in two equal instalments, and that each such instalment shall be paid not later than the date specified in such order as the date for the payment thereof;
(d) authorise such board to issue during the third issue period in any year special local licences to use in such tidal waters an engine, net, instrument or device of such kind for the taking of salmon or trout on payment of a specified proportion of the appropriate special local licence duty, subject however to the following condition (which shall be endorsed on each such licence), that the balance of such duty shall be paid not later than the date specified in such order as the date for the payment thereof.
(2) An order under this section may relate to different kinds of engines, nets, instruments or devices for the taking of salmon or trout, and in that case may contain different provisions in relation to each kind of engine, net, instrument or device for the taking of salmon or trout to which the order relates,
(3) The Minister may by order revoke or amend any order made under this section (including this sub-section).
(4) Where a special local licence is issued by a board of conservators in exercise of the powers conferred on such board by an order under this section, the following provisions shall have effect, that is to say:—
(a) if there is a breach of the condition endorsed on such licence in accordance with such order, such licence shall cease to be in force immediately upon such breach, and
(b) upon payment of any instalment, or, in the case of a special local licence issued during a third issue period under such order, the balance, of the appropriate special local licence duty in accordance with such condition, the clerk of such board shall, upon production of such licence, endorse thereon a certificate of such payment.
(5) In this section the expressions “special local licence” and “the appropriate special local licence duty” have the same respective meanings as they have in the Act of 1934.
(6) Any order made by the Minister under section 2 of the Fisheries (Tidal Waters) (Amendment) Act, 1937 (No. 34 of 1937) and in force at the commencement of this section shall be deemed to be made under this section and may accordingly be revoked or amended by an order made under this section, and until so revoked and subject to any such amendment shall continue in force.
Amendment of section 13 of the Act of 1934.
55.—In paragraph (a) of sub-section (1) of section 13 of the Act of 1934—
(a) the reference to the Fisheries Acts, 1842 to 1925, shall be construed as a reference to the said Acts as amended by Part II of this Act,
(b) the reference to an ordinary licence shall be construed as including a reference to a trout rod licence.
Amendment of section 14 of the Act of 1934.
56.—For the purposes of sub-sections (1) and (2) of section 14 of the Act of 1934, the expression “fishery year” shall, notwithstanding sub-section (3) of the said section 14 or section 3 of the Fisheries (Tidal Waters) (Amendment) Act, 1937 (No. 34 of 1937), be construed as meaning the fishery year current at the date of the passing of this Act and each subsequent fishery year.
PART IV.
Evidence of Existence of Several Fisheries in Tidal Waters.
Evidence of existence of several fisheries in tidal waters.
57.—(1) Where—
(a) a fishery in the tidal waters or part of the tidal waters of any river or estuary was, for a period of not less than sixty years ending on the 31st day of December, 1932, included as a rateable hereditament in the Valuation List prepared pursuant to the Valuation Acts, and
(b) an order is made, under sub-section (1) of section 59 (which relates to the transition period in respect of several fisheries) of this Act, appointing a day to be the appointed day in respect of the fishery district in which the tidal waters of such river or estuary or such part of the tidal waters of such river or estuary are situate,
then, unless it had been judicially determined before the 1st day of January, 1939, by a court of competent jurisdiction that a several or exclusive fishery did not exist in the tidal waters of such river or estuary or such part of the tidal waters of such river or estuary, it shall, as and from the day so appointed, by virtue of this sub-section be deemed for all purposes that a several or exclusive fishery exists in the tidal waters of such river or estuary or in such part of the tidal waters of such river or estuary.
(2) Where a fishery in the tidal waters or part of the tidal waters of any river or estuary was, for not less than sixty years ending on the 31st day of December, 1932, included as a rateable hereditament in the Valuation List prepared pursuant to the Valuation Acts, the Commissioner of Valuation may, upon the application of any person and upon payment of such fee as may be fixed by the Minister for Finance, issue to such person a certificate under his hand certifying that such fishery was so included, and any certificate issued under this sub-section shall be conclusive evidence for all purposes of the matters certified therein.
(3) The following provisions shall have effect in relation to all fees payable under this section, that is to say:—
(a) such fees shall be collected and taken in such manner as the Minister for Finance shall from time to time direct and shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the said Minister;
(b) the Public Offices Fees Act, 1879, shall not apply in respect of such fees.
PART V.
Transfer to the Minister of Certain Fisheries and Provisions in Relation to Fisheries so Transferred.
Chapter I.
Preliminary.
Definitions for purposes of Part V.
58.—(1) In this Part of this Act—
the expression “fixed engine (tidal waters) fishery” means a fishery for salmon, trout or eels carried on in tidal waters by means of a stake weir or other fixed engine in respect of which a certificate has been issued under section 6 of the Salmon Fisheries (Ireland) Act, 1863, and all other rights of fishing for salmon, trout or eels in or on the site of such fishery;
the expression “weir (tidal waters) fishery” means a fishery for salmon, trout or eels carried on in tidal waters by means of a fishing weir (whether constructed of stone or other materials) and the structure of such weir and all other rights of fishing for salmon, trout or eels in or on the site of such fishery;
the expression “weir (fresh water) fishery” means a fishery for salmon, trout, or eels carried on in fresh water by means of a fishing weir (whether constructed of stone or other materials), and the structure of such weir and the land on which such weir is erected and all other rights of fishing for salmon, trout and eels in or on the site of such fishery;
the expression “mill-dam fishery” means a fishery carried on by means of so much of a fishing mill-dam as is used for the purpose of catching or facilitating the catching of fish and so much of the structure of such fishing mill-dam as is used for that purpose, and all other rights of fishing for salmon, trout and eels in or on the site of such fishery;
the expression “transferable fishery” means any fishery which is—
(a) a several fishery in tidal waters (other than a fixed engine (tidal waters) fishery or a weir (tidal waters) fishery), and all rights of fishing for salmon, trout and eels in or at the site of such fishery, or
(b) a fixed engine (tidal waters) fishery, or
(c) a weir (tidal waters) fishery, or
(d) a weir (fresh water) fishery, or
(e) a mill-dam fishery,
but does not include—
(i) any fishery which is vested in the Minister, or
(ii) any fishery which is vested in the Electricity Supply Board or which the Electricity Supply Board is authorised by law to acquire, or
(iii) any fishery vested in the Irish Land Commission, or
(iv) any fishery vested in the Commissioners of Public Works in Ireland;
the expression “vested fishery” means a fishery which is either—
(a) vested in the Minister under Chapter II of this Part of this Act, or
(b) transferred to the Minister under Chapter III of this Part of this Act;
(2) Where the right to fish with rod and line or by any other means in any portion of a river or lake contiguous to a transferable fishery, which is a weir (fresh water) fishery or a mill-dam fishery, is in the same ownership as such transferable fishery, such transferable fishery shall, for the purposes of this Part of this Act, be deemed to include such right and also, in case such right exists by virtue of the ownership of the bed and soil of such portion of such river or lake, the bed and soil of such portion of such river or lake.
Chapter II.
Transfer to the Minister of Transferable Fisheries.
Transition period in respect of transferable fisheries.
59.—(1) The Minister may by order appoint a day to be the appointed day in respect of any fishery district for the purposes of this Part of this Act, and in this Part of this Act the expression “the appointed day” means in relation to a fishery district the day so appointed to be the appointed day in respect of such district.
(2) Where an order has been made, under sub-section (1) of this section, appointing a day to be the appointed day in respect of a fishery district, then for the purposes of this Part of this Act, the transition period for each transferable fishery situate in such district shall be the period commencing on the appointed day in respect of such district and ending on the day immediately preceding the tenth anniversary of the appointed day or, if an order in relation to such fishery has been made under sub-section (3) or sub-section (4) or sub-section (5) of this section, the day appointed by such last-mentioned order as the day on which the transition period in respect of such fishery is to end, and the expression “the transition period” when used in this Part of this Act in relation to any transferable fishery shall be construed and have effect accordingly.
(3) Where at any time after the completion of the survey record of a transferable fishery but not earlier than thirty-six months after the commencement of the transition period in respect of such fishery, the owner of such fishery makes to the Minister, not less than six months before the last day of the close season for fishing by single rod or line in the river or the portion thereof in which such fishery is situate or the last day of the close season for fishing by other engines in such river or portion thereof, whichever of the said days is the earlier, an application for an order under this sub-section, the following provision shall have effect, that is to say:—
(a) the Minister shall, subject to the provisions of this sub-section, make in relation to such fishery an order appointing such day (being earlier than the day immediately preceding the tenth anniversary of the appointed day in respect of the fishery district in which such fishery is situate, but not being earlier than three months after the making of such application) as the Minister thinks proper as the day on which the transition period in respect of such fishery shall end,
(b) the Minister may refuse to make such order if such owner is in his opinion in default in any matter under this Part of this Act,
(c) where such fishery is in the occupation of any person under a lease and such lease will not expire before the tenth anniversary of the date of the commencement of such transition period or has still not less than two years unexpired at the date of the application, the Minister shall not make such order unless such person consents to the making thereof.
(4) At any time after the completion of the survey record of a transferable fishery, but not earlier than thirty-six months after the commencement of the transition period in respect of such fishery, the Minister if he thinks fit may, not less than six months before the last day of the close season for fishing by single rod or line in the river or portion thereof in which such fishery is situate or the last day for fishing by other engines in such river or portion, whichever of the said days is the earlier, make in relation to such fishery an order appointing such day (being earlier than the day immediately preceding the tenth anniversary of the appointed day in respect of the fishery district in which such fishery is situate, but not being earlier than three months after the making of such order) as the Minister thinks proper as the day on which the transition period in respect of such fishery shall end.
(5) At any time after the commencement of the transition period in respect of a transferable fishery, the Minister may make in relation to such fishery an order appointing such day (being later than the day immediately preceding the tenth anniversary of the appointed day in respect of the fishery district in which such fishery is situate) as he thinks proper as the day on which the transition period in respect of such fishery shall end.
(6) Every order made under this section shall be published in the Iris Oifigiúil as soon as may be after it is made.
(7) A copy of every order made under sub-section (1) in relation to any fishery district shall be served on the owner of every transferable fishery situate in such district.
(8) A copy of every order made in relation to a transferable fishery under sub-section (3), sub-section (4) or sub-section (5) of this section shall be served on the owner of such fishery.
Right of access to certain transferable fisheries.
60.—(1) At any time after the appointed day in respect of a fishery district, any authorised person shall have a right of free access at all times to any transferable fishery situate in such district for the purposes of examining any structures connected therewith or of viewing the operation of such fishery or the disposal of fish.
(2) If any person obstructs any authorised person in the exercise of the powers conferred on such authorised person by 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 pounds.
(3) In this section the expression “authorised person” means a person authorised by the Minister to exercise the powers conferred on an authorised person by this section.
(4) An offence under this section may be prosecuted by the Minister.
Survey records of transferable fisheries.
61.—(1) At any time after the commencement of the transition period in respect of a transferable fishery, the Minister may, in accordance with this section, cause a survey to be made of such fishery, and a record to be prepared of the following matters in relation to such fishery, that is to say:—
(a) the situation thereof;
(b) the condition thereof;
(c) all weirs or other structures existing thereon;
(d) all lands and premises lawfully used in connection there-with;
(e) all means of access thereto;
(f) all means and methods of operating it;
(g) all fishing gear used in connection therewith.
(2) The following provisions shall have effect in relation to the survey and record of a transferable fishery, that is to say:—
(a) the Minister shall appoint a fit and proper person (in this section referred to as the engineer) to make a survey of such fishery, and such survey may, in case such fishery is a mill-dam fishery, include a survey of the whole dam and any adjoining structures, so far as may be necessary for determining the condition of the dam, and the measurement of the flow of water in any river, lake or watercourse connected with such dam;
(b) upon completion of such survey the engineer shall prepare and sign a report of such survey in the form of plans (including sections where necessary) and descriptive schedules and submit such report to the Minister;
(c) the Minister shall cause a copy of such report to be served on the owner and on the occupier of such fishery;
(d) such owner or occupier may, within forty-eight days after the service of such copy, send to the Minister a statement in writing objecting to such report and specifying the grounds of his objection;
(e) if no objection is sent to the Minister within the said forty-eight days or if any such objection is so sent but is subsequently withdrawn, the Minister shall cause an instrument to be prepared in the terms of such report and shall cause his official seal to be affixed to such instrument and such instrument shall, for the purposes of this Part of this Act, be the survey record of such fishery;
(f) if an objection is sent to the Minister within the said forty-eight days and such objection is not subsequently withdrawn, the following provisions shall have effect, that is to say:—
(i) the Minister may, with the consent of the person making the objection, amend such report, and in that case, the Minister shall cause an instrument to be prepared in the terms of such report, as so amended, and shall cause his official seal to be affixed to such instrument and such instrument shall, for the purposes of this Part of this Act, be the survey record of such fishery;
(ii) if the Minister does not, with the consent of the person making the objection amend such report, 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, confirm or amend such report, and thereupon the Minister shall cause an instrument to be prepared in the terms of such report with such amendments (if any) thereon as may have been made thereon under this clause and cause such instrument to be sealed with his official seal, and such instrument shall, for the purposes of this Part of this Act, be the survey record of such fishery, and
(II) 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 report is wholly or mainly confirmed, be paid to the Minister by the person making the objection a sum equal to the said fee, and such sum shall be recoverable by the Minister as a simple contract debt in any court of competent jurisdiction and when 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) Where, during the transition period in respect of any transferable fishery, any alteration is made, with the consent of the Minister, in the situation, construction or condition of such fishery, after the making of the record survey of such fishery, the Minister shall cause particulars of such alteration to be entered in such record survey and such record survey shall have effect subject to such alteration as so entered.
(4) For the purposes of this Act the record survey of any transferable fishery shall be conclusive evidence in any proceedings of the situation, construction and condition of such fishery.
(5) For the purposes of making a survey of a transferable fishery under this section, the person (in this sub-section referred to as the engineer) appointed by the Minister under this section to make such survey and any persons acting under the directions of the engineer may do all or any of the following things, that is to say:—
(a) enter on such fishery and any land which it may be necessary to survey or which it may be necessary to pass through for the purpose of such survey;
(b) cut or cause to be cut any bushes or other vegetation and remove or cause to be removed any other obstructions (except permanent buildings) which may interfere with such survey;
(c) erect or construct or make any permanent or temporary marks which may be required to enable such survey to be checked or compared with the site at a later date;
(d) require any person (being the owner or occupier of such fishery or an employee of such owner or occupier) to supply any information which the engineer or the persons so acting under his directions may reasonably require for the purposes of such survey;
(e) do any other act or thing which may be necessary for or incidental to the doing of anything which the engineer or the said persons so acting under his directions are authorised by the foregoing provisions of this sub-section to do.
(6) If any person interferes with a person appointed by the Minister to make a survey under this section or any persons acting under the directions of such last-mentioned person in exercise of the powers conferred on him or them by this section, such first-mentioned person shall be guilty of an offence under this section.
(7) If any person (being the owner or occupier of a transferable fishery or an employee of such owner or occupier) refuses to give to any person appointed by the Minister to make a survey under this section or any persons acting under the direction of such last-mentioned person, any information which he or they may lawfully demand under this section, the following provisions shall have effect, that is to say:—
(a) if such first-mentioned person is the owner or occupier of such fishery, such person shall be guilty of an offence under this section,
(b) if such first-mentioned person is an employee of the occupier of such fishery, such person and such occupier shall each be guilty of an offence under this section.
(8) Every person guilty of an offence under this section shall be liable on summary conviction thereof to a fine not exceeding fifty pounds.
(9) An offence under this section may be prosecuted by the Minister.
(10) There shall be paid to any person (not being an officer of the Minister) who is appointed either to make a survey under this section or to act under the direction of the person making any such survey such remuneration and such allowances for expenses as the Minister may with the consent of the Minister for Finance determine.
Obligation of occupiers of transferable fisheries to furnish accounts to the Minister.
62.—(1) At any time after the commencement of the transition period in respect of a transferable fishery the Minister may serve on the occupier of such fishery a notice requiring such occupier to do the following things, that is to say:—
(a) to keep in such form as may be specified in such notice and furnish to the Minister at such times and for such periods falling within the said transition period as may be specified in such notice an account of—
(i) the costs of operating such fishery (including wages, insurance and marketing costs),
(ii) all moneys received from the sale of fish taken in such fishery,
(iii) all moneys received from the letting of fishing rights to anglers and other persons,
(iv) such other particulars (if any) relevant to the matters mentioned in the preceding paragraphs of this sub-section, as the Minister may from time to time direct;
(b) furnish to the Minister such explanations of any matter contained in any such account as the Minister may from time to time require.
(2) Where a notice has been served under this section on the occupier of a transferable fishery and such occupier fails or neglects to comply with the requirements of such notice such occupier 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) An offence under this section may be prosecuted by the Minister.
Acquisition of portions of rivers or lakes contiguous to certain weir (fresh water) fisheries.
63.—(1) Where the bed and soil of any portion of a river or lake contiguous to a transferable fishery, which is a weir (fresh water) fishery, is not in the same ownership as such fishery, the Minister may, if it appears necessary for the maintenance or operation of such fishery, by order made during the transition period but not later than three months before the expiration of the transition period declare that so much of such bed and soil not exceeding fifty yards above or below or both above and below such fishery, as the Minister shall specify in such order, shall be deemed for the purpose of this Part of this Act to be part of such fishery, and upon the making of such order such part of the bed and soil of such river or lake and all right of fishing in such part shall be deemed to form part of such fishery.
(2) Where the Minister makes an order under this section he shall cause a copy of such order to be served on the owner of the bed and soil of the river or lake to which such order relates.
Reservation of angling rights in transferable fisheries.
64.—(1) The owner of the exclusive angling rights in a transferable fishery may, at any time not less than three months before the expiration of the transition period in respect of such fishery, apply to the Minister to make in respect of such fishery an order (in this Part of this Act referred to as an angling rights (reservavation) order) (reserving to him the exclusive angling rights in such fishery and in that case the Minister may make such order and such order shall operate and have effect to reserve such angling rights to such owner.
(2) Where the Minister makes an angling rights (reservation) order, he shall publish notice of the making of such order in the Iris Oifigiuil.
Vesting orders.
65.—(1) Not less than two months before the end of the transition period in respect of a transferable fishery the Minister shall, unless he has already made in respect of such fishery an order under sub-section (2) of this section, make an order (in this Part of this Act referred to as an ordinary vesting order) vesting as on and from the day next following the expiration of such transition period such fishery in the Minister.
(2) The Minister may, with the consent of the owner of a transferable fishery to which this sub-section applies, and whether an appointed day has or has not been fixed in relation to the fishery district in which such fishery is situate, make an order (in this Part of this Act referred to as a special vesting order) vesting as on and from a day specified in such order such fishery in the Minister.
This sub-section applies to every transferable fishery in respect of which the person who was the owner thereof on the 1st day of January, 1933, or the successor in title of such person has not, in each fishery year between the said 1st day of January, 1933, and the 31st day of December, 1938, used such fishery,
(3) An order made under this section in relation to any transferable fishery shall state therein the nature and the area and situation of such fishery and shall have attached thereto a map showing the area and situation of such fishery.
(4) An order made under this section in relation to a transferable fishery shall operate to transfer to the Minister, as on and from the date specified therein in that behalf, such fishery in fee simple free from incumbrances and from all estates and interests therein, except, in case an angling rights (reservation) order has been made in relation to such fishery, the angling rights reserved thereby, and such first mentioned order shall be conclusive evidence as to the nature and the area of such fishery as stated therein.
(5) Whenever the Minister makes an order under this section in relation to any fishery, he shall cause notice of the making of such order to be published in the Iris Oifigiúil and shall serve on the owner of such fishery a copy of such notice.
Registration of title of the Minister to vested fisheries.
66.—Where any transferable fishery has become vested in the Minister under this Chapter of this Part of this Act, the Minister shall, as soon as may be after such vesting, send to the registering authority under the Local Registration of Title (Ireland) Act, 1891, the vesting order made in relation to such fishery and on receipt thereof the said registering authority shall cause the title of the Minister to the ownership of such fishery in fee simple to be registered under the last-mentioned Act.
Compensation in respect of transferable fisheries.
67.—(1) Compensation shall be paid by the Minister for every transferable fishery vested in the Minister under this Chapter of this Part of this Act to the several persons entitled thereto or having estates or interests therein, 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.
(2) The following provisions shall have effect in relation to the fixing of the compensation under this section in respect of a transferable fishery vested in the Minister by the operation of an ordinary vesting order, that is to say:—
(a) the arbitrator shall have regard primarily to—
(i) in case such fishery was used during the transition period, the profits of such fishery during the transition period,
(ii) in case such fishery was not used during the transition period, the sum which in the opinion of the arbitrator would have been the profits of such fishery if such fishery had been used during the transition period;
(b) such arbitrator shall also take into account (in addition to evidence submitted by other persons) any evidence submitted by the owner or occupier of the fishery of—
(i) the profits of such fishery before the commencement of the transition period, or
(ii) exceptional meteorological conditions or other conditions affecting the average catch during the transition period, or
(iii) the extent to which the owner or occupier has been permitted peaceful occupation during the transition period, or
(iv) any circumstances antecedent to the transition period which may have affected the earning power of the fishery during the transition period;
(c) such arbitrator may take into account any depreciation of such fishery during the transition period or of the structures or buildings used in connection therewith and described in the record survey of such fishery in so far as the same may be due to causes other than fair wear and tear.
(3) In assessing the compensation in respect of a transferable fishery vested in the Minister by the operation of a special vesting order, the value of such fishery shall be calculated as at the date on which it was last used.
(4) Where—
(a) a transferable fishery which has become vested in the Minister under this Chapter of this Part of this Act consisted of the exclusive right of catching salmon in the whole of the tidal waters of any river, and
(b) the proprietor of such fishery was at the date of such vesting the proprietor of the fisheries in all tributary rivers and lakes upon the course of such river, and
(c) such proprietor was lawfully entitled by virtue of the proviso to section 3 of the Salmon Fishery (Ireland) Act, 1863, to place any bag nets within three statute miles from the mouth of such river,
the right to so place such bag nets shall be deemed for the purposes of this section to form part of such fishery and shall be taken into account in determining compensation in respect of such fishery under this section.
(5) Sections 69 to 74 and 76 to 80 of the Lands Clauses Consolidation Act, 1845, shall apply to any compensation payable by the Minister under this section, and for the purposes of such application the Minister shall be deemed to be the promoter of the undertaking.
(6) No claim for compensation under this section in respect of a transferable fishery shall be considered unless made within twenty-four months after the date on which such fishery was vested in the Minister.
Compensation to employees on transferable fisheries.
68.—(1) Whenever a transferable fishery becomes vested in the Minister under this Chapter of this Part of this Act, every person who proves to the satisfaction of the Minister or the arbitrator appointed to fix compensation in respect of such fishery 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 on which such fishery became so vested, he was constantly and regularly employed by the occupier of such fishery in or about the operation or protection of such fishery 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 fishery, and
(d) that his employment has been terminated as the result of the vesting of such fishery, and
(e) that equivalent alternative occupation is not open to him during the fishing season,
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 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 such person, that is to say:—
(I) that during the whole or substantially the whole of such season, he was constantly and regularly employed by such occupier in or about the operation or protection of such fishery 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 fishery,
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.
(2) Whenever a transferable fishery becomes vested in the Minister under this Chapter of this Part of this Act, every person who proves to the satisfaction of the Minister or to the arbitrator appointed to fix compensation in respect of such fishery all the following matters, that is to say:—
(a) that, during the whole of the period (in this sub-section referred to as the appointed period) of five years ending on the day next preceding the date on which such fishery became so vested, he was employed on a whole-time or substantially whole-time basis by the occupier of such fishery in a managerial or supervising capacity in connection with the operation of such fishery, and was so employed at a fixed monthly salary, with or without additional remuneration calculated by reference to the value of the catch, and
(b) that his said employment has been terminated as the result of the vesting of such fishery, and
(c) that equivalent alternative occupation is not open to him,
shall be entitled to be paid by the Minister, in respect of his loss of employment, compensation of an amount equivalent to whichever is the less of the following, that is to say:—
(i) a sum equivalent to the total amount (in this sub-section referred to as his annual salary) paid to such person by way of fixed monthly salary during the fifth year of the appointed period, together with one-fifth of the amount (in this sub-section referred to as his additional remuneration for the appointed period) paid to him as such additional remuneration (if any) during the appointed period;
(ii) an amount calculated as follows, namely, for each year of the appointed period and each previous year (if any) during the whole of which he was similarly so employed, a sum equal to one-twelfth of his annual salary together with one-sixtieth of his additional remuneration for the appointed period (if any).
Apportionment of valuations or revaluation of transferable fisheries.
69.—(1) Where a transferable fishery forms part of a fishery or right of fishery which is valued as a whole under the Valuation Acts and an appointed day has been fixed in respect of the fishery district in which such transferable fishery is situate, the Minister shall as soon as conveniently may be furnish the appropriate rating authority with particulars of such transferable fishery, and request that separate valuations be made (either by apportionment or revaluation) in respect of such transferable fishery and the residue of the fishery so valued as a whole, and such valuations shall have effect as on and from the date on which such transferable fishery is vested in the Minister.
(2) Where any transferable fishery forms portion of a connected body of fishing rights or is appurtenant or adjacent to a demesne or private grounds or a private residence and is owned by the person who owns such connected body of fishing rights or such demesne, private grounds or private residence, and an appointed day has been fixed in respect of the fishery district in which such transferable fishery is situate, such person may apply to the appropriate rating authority for such district to have the remaining fishing rights, demesne, private grounds or residence revalued, but such revaluation shall not take effect until the date on which such transferable fishery is vested in the Minister.
Provisions in relation to orders.
70.—The validity or effect of any order made by the Minister under this Chapter of this Part of this Act shall not be affected by any non-compliance with any provision contained in the said Chapter relating to the service of a copy of such order on a particular person or to the publication of such order or notice of the making thereof in the Iris Oifigiuil.
Chapter III.
Transfer to the Minister of Certain State Fisheries.
Transfer of fisheries to the Minister by the Commissioners of Public Works.
71.—(1) The Commissioners of Public Works in Ireland may by order under their seal transfer to the Minister, on such terms and conditions as shall be agreed upon between the said Commissioners and the Minister with the sanction of the Minister for Finance, all the estate and interest of the said Commissioners in any fishery or fishing right which is for the time being in the possession or occupation of the said Commissioners and also any land, easement, way-leave, water-right, or other right which is in the possession or occupation of the said Commissioners and is ancillary to any such fishery or fishing right so transferred.
(2) An order made under this section shall operate to vest in the Minister, without any further or other conveyance, every fishery and fishing right and all lands, easements, way-leaves, water-rights, and other rights purported to be transferred to the Minister by such order.
Transfer fisheries to the Minister by the Irish Land Commission.
72.—(1) The Irish Land Commission may by order under their seal transfer to the Minister, on such terms and conditions as shall be agreed upon between the said Commission and the Minister with the sanction of the Minister for Finance, all the estate and interest of the said Commission in any fishery or fishing right which is for the time being in the possession or occupation of the said Commission and also any land, easement, way-leave, water-right, or other right which is so in the possession or occupation of the said Commission and is ancillary to any such fishery or fishing right so transferred.
(2) An order made under this section shall operate to vest in the Minister, without any further or other conveyance, every fishery and fishing right and all lands, easements, way-leaves, water-rights, and other rights purported to be transferred to the Minister by such order.
Chapter IV.
Acquisition of Lands, etc., by the Minister for Purposes of the Management, Operation and Protection of Vested Fisheries.
Acquisition of land, etc., by the Minister.
73.—(1) The Minister may, for the purposes of the management, operation, or protection of a vested fishery, do all or any of the following things, that is to say:—
(a) acquire (either compulsorily or by agreement) any lands or premises (including in case such fishery is a mill-dam fishery, the fishing mill-dam by means of part whereof such fishery is carried on and any mill or other premises connected with or depending on such dam for a supply of water);
(b) acquire (either compulsorily or by agreement) any easement, way-leave or other right whatsoever over or in respect of any lands or premises;
(c) terminate, restrict or otherwise interfere with (either compulsorily or by agreement) any easement, way-leave, or other right whatsoever existing over or in respect of any lands or premises.
(2) Nothing in sub-section (1) of this section shall authorise the Minister to acquire compulsorily—
(a) any land vested in the State or any right over or in respect of such land;
(b) any enclosed premises, yard, garden, or land surrounding a dwellinghouse or any right over or in respect of such premises, yard, garden or land.
(3) Nothing in sub-section (1) of this section shall authorise the Minister to acquire (compulsorily or by agreement), save with the consent of the Irish Land Commission, any land which is subject to a land purchase annuity or any right over or in respect of such land.
(4) Where the Minister proposes to acquire (either compulsorily or by agreement) any land or premises held or occupied by a local authority or any body corporate for the purposes of any railway, tramway, dock, canal, water, gas, electricity or other public undertaking, or to acquire or terminate, restrict or otherwise interfere with (either compulsorily or by agreement) any easement, way-leave or other right whatsoever existing over or in respect of any such land or premises, he shall before so doing consult with the Minister for Industry and Commerce.
(5) The Minister, before conveyance or ascertainment of price or compensation, but subject to serving not less than one month's previous notice in writing on the occupier of the lands or premises or the owner of the easement or other property or right affected, may enter on and take possession of any land or premises or exercise any right which the Minister is authorised by this section to acquire compulsorily or may terminate, restrict or otherwise interfere with any easement or other property or right which the Minister is authorised by this section compulsorily to terminate, restrict, or interfere with.
(6) Whenever the Minister under this section enters on and takes possession of any lands or exercises any right (as the case may be) before payment of the price or compensation, the Minister shall pay to the occupier of the lands or owner of the easement or other right affected (as the case maybe) interest, on the amount of such price or compensation when fixed, at the rate of four pounds per cent. per annum from the date of such entry and taking possession or the exercise of such right (as the case may be) until the date of the conveyance from such occupier or owner to the Minister.
(7) Whenever the Minister acquires under this section any land which is subject, either alone or in conjunction with other land, to a purchase annuity, payment in lieu of rent, or other annual payment (not being merely rent under a contract of tenancy) payable to the Irish Land Commission, the Minister shall become and be liable, as from the date on which the Minister enters on and takes possession of the land so acquired, for the payment to the Irish Land Commission of such purchase annuity, payment in lieu of rent or other annual payment (not being merely rent under a contract of tenancy) or such portion thereof as shall be apportioned by the Irish Land Commission on such land as if such land had been transferred to the Minister by the proprietor thereof on that date.
(8) A notice under, this section may be served on any person by sending such notice by registered post addressed to such person at his usual or last known address or, in the case of a notice to the occupier of any lands or premises, at such lands or premises.
(9) A notice under this section to the occupier of any lands or premises may be addressed to such occupier by the description “the occupier” without stating his name.
Payment and ascertainment of compensation in respect of land, etc.
74.—(1) Compensation shall be paid by the Minister—
(a) for lands and premises compulsorily acquired by the Minister under this Chapter of this Part of this Act to the several persons entitled thereto or having estates or interests therein, and
(b) for or in respect of easements, way-leaves, and other rights acquired by the Minister under the said Chapter, to the owner thereof or the several persons entitled to or having estates or interests in the lands and premises over or in respect of which such rights are so acquired,
and such compensation shall, in default of agreement, be fixed under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919.
(2) Compensation shall be paid by the Minister, on account of the termination, restriction or other interference under this Chapter of this Part of this Act of or with any easement, way-leave or other right over or in respect of any land or premises, to the owner of such easement, way-leave or other right, and such compensation shall, in default of agreement, be fixed under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919, in like manner as if such compensation were the price of land compulsorily acquired.
(3) Sections 69 to 83 of the Lands Clauses Consolidation Act, 1845, shall apply to any compensation payable by the Minister under this section and to the conveyance to the Minister of property, corporeal or incorporeal, acquired by the Minister under this Act, and for the purpose of such application the Minister shall be deemed to be the promoter of the undertaking.
(4) No claim for compensation under this section in respect of any land or right compulsorily acquired or any right terminated, restricted, or otherwise interfered with shall be considered unless made within twenty-four months after the date of such acquisition or termination, restriction or interference.
Chapter V.
Management, Operation, and Disposal of Vested Fisheries.
Operation of Vested Fisheries by the Minister.
Operation of vested fisheries by the Minister.
75.—The Minister may with the consent of the Minister for Finance from time to time operate any vested fishery or part of a vested fishery.
Powers of the Minister in operating a vested fishery.
76.—(1) The Minister may, for the purpose of operating a vested fishery, do all such things as he may consider necessary for carrying on such fishery as a commercial undertaking and which he could do if he were a private individual and the owner of such fishery, and without prejudice to the generality of the foregoing provision may do all or any of the following things, that is to say:—
(a) buy and sell fish anywhere;
(b) buy or manufacture any article required in connection with the capture, storage, transport, treatment, purchase or sale of fish;
(c) carry on any business which is ancillary or incidental to the operation of such fishery;
(d) enter into contracts;
(e) employ such and so many persons as he thinks fit;
(f) purchase fishing licences.
(2) The provisions of section 16 of the Fisheries Act, 1925 (No, 32 of 1925), shall not apply in respect of the Minister.
(3) The remuneration of all persons employed in connection with the operation by the Minister of any vested fishery shall be determined with the consent of the Minister for Finance.
(4) The Civil Service Regulation Acts, 1924 and 1926, shall not apply to any person employed or appointed by the Minister under this section.
Sale of land and business.
77.—(1) The Minister may, with the consent of the Minister for Finance, sell any land acquired by him under this Chapter of this Part of this Act and also the goodwill and stock in trade and other assets of any business (being a business ancillary or incidental to the operation of a vested fishery) carried on by him under the said Chapter at such price as he may think proper.
(2) Any moneys received on a sale under this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.
Financial provisions.
78.—All moneys received by the Minister in respect of the operation of a vested fishery or of any business carried on by him under this Chapter of this Part of this Act shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.
Accounts, audit and report of proceedings.
79.—(1) The Minister shall cause to be kept, in respect of every vested fishery operated by him, a set of accounts in such, form, for such periods and including such particulars as the Minister for Finance may direct.
(2) The accounts to be kept by the Minister in accordance with the provisions of the immediately preceding sub-section shall, at the end of every accounting period, be transmitted to the Comptroller and Auditor-General, who shall audit, certify and report upon such accounts.
(3) Upon the completion of an audit under the provisions of this section, the Minister shall cause to be laid before each House of the Oireachtas a copy of the report of the Comptroller and Auditor-General upon the accounts as passed by him, together with a general report by the Minister of his proceedings under this Chapter of this Part of this Act in relation to the operation of vested fisheries.
Leases of Vested Fisheries.
Leases of vested fisheries.
80.—(1) If, in the opinion of the Minister, it is in the public interest that a vested fishery or part of a vested fishery should be granted by way of lease to any person, the Minister may, in accordance with this section, demise such fishery or such part of such fishery to such person by way of lease for such term not exceeding twenty years as the Minister shall think proper.
(2) Every lease made under this section shall be made subject to the payment to the Minister of such moneys, whether by way of fine or other preliminary payment or by way of rent or by both such ways, as the Minister and the Minister for Finance shall jointly think proper and shall agree upon with the person to whom such lease is made, and all such moneys when received by the Minister shall be paid into or disposed of for the benefit of the Exchequer by the Minister in such manner as the Minister for Finance shall direct.
(3) Every lease made under this section shall be made subject to and shall contain such covenants, conditions and agreements as the Minister shall think proper or desirable and shall agree upon with the person to whom such lease is granted.
Returns by lessees.
81.—(1) The person for the time being entitled to the lessee's interest under a lease granted under this Chapter of this Part of this Act shall furnish to the Minister in such form as the Minister may direct within twenty-eight days after being required by the Minister so to do, such information as the Minister may require in relation to the fishery the subject of such lease and the working of such fishery.
(2) If any person on being required under this section by the Minister to furnish to him any information fails or refuses to furnish such information or furnishes information which is false or misleading in any material respect or otherwise makes default in complying with this section he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds and in the case of a continuing offence a further fine not exceeding ten pounds for every day during which the offence is continued.
(3) An offence under this section may be prosecuted by the Minister.
Reports by the Minister in relation to leases.
82.—(1) The Minister shall, as soon as may be, after every 30th day of June and every 31st day of December, after the passing of this Act lay on the table of each House of the Oireachtas a report containing particulars of every lease for a term exceeding two years made under this Chapter of this Part of this Act during the six months ending on such 30th day of June and 31st day of December respectively.
(2) The period commencing on the passing of this Act and ending on the 31st day of December, 1939, shall for the purposes of this section be deemed to be a period of six months ending on the said 31st day of December, 1939.
Fishery rates on leased fisheries.
83.—(1) Whenever the Minister grants a lease of a fishery under this Part of this Act he may, if he so thinks fit, cause to be inserted in such lease a covenant by the Minister to the following effect, namely, that, if the amount paid by the lessee as fishery rate in respect of such fishery for any fishery year falling within the term granted by such lease exceeds the appointed amount, the Minister will pay to the lessee a sum equal to the excess.
(2) In this sub-section the expression “the appointed amount” means, in relation to a fishery which is the subject of a lease under this Part of this Act, the sum of the following:—
(a) the amount (hereinafter referred to as the standard amount) payable by the occupier as fishery rate or by the Minister in lieu of fishery rate in respect of such fishery for the fishery year current at the date on which such lease is granted or, if the fishery rate for that fishery year for the fishery district in which such fishery is situate has not been made before the said date, the immediately preceding fishery year, and
(b) one-twentieth of the standard amount.
(3) Where—
(a) a judgment of a competent court has been obtained by a board of conservators against the lessee of a fishery, the subject of a lease under this Part of this Act, for any fishery rate due in respect of such fishery, and
(b) the Minister is satisfied that such lessee has no goods which could be taken in execution under any process of such court,
the following provisions shall have effect, that is to say:—
(i) the Minister may, if he so thinks fit, pay to such board of conservators a sum not exceeding the amount of such fishery rate and any costs and expenses incurred by such board of conservators in relation to the obtaining and attempted enforcement of such judgment,
(ii) any sum so paid shall be a debt due by such lessee to the Minister and may be recovered as a simple contract debt in a court of competent jurisdiction.
Non-user of Vested Fisheries.
Non-user of vested fisheries.
84.—(1) The Minister may, subject to the consent of the Minister for Finance, from time to time refrain from using any vested fishery which is not for the time being the subject of a lease under this Chapter of this Part of this Act.
(2) Where the Minister proposes to refrain from using any vested fishery he shall give notice to the board of conservators within whose fishery district such fishery is situate of his intention to refrain from using such fishery and thereupon such fishery shall, unless and until the Minister makes a lease of such fishery or operates such fishery, be an unused fishery for the purposes of this Part of this Act.
Provisions in relation to unused fisheries.
85.—The following provisions shall have effect in relation to any unused fishery, that is to say:—
(a) in case such fishery is a weir (tidal waters) fishery or a weir (fresh water) fishery—
(i) the Minister may demolish the weir forming part of such fishery, and thereafter shall not be liable for any effects due to changes in the flow or level of the water to whomsoever caused, save only that any obstruction to the migration of fish which may be caused by the demolition of such weir shall be remedied by him,
(ii) if the weir is not demolished the Minister shall remain liable for its maintenance in such condition that it shall not obstruct the migration of fish or cause any damage or loss of water beyond what was normal while it was being used for the purposes of the fishery;
(b) in case such fishery is a mill-dam fishery—
(i) the Minister may demolish or remove any structures incidental to the use of the fishery, but in doing so he shall leave the mill-dam in such a condition that the water supply to the mill shall not be prejudiced and the cost of the maintenance of the mill-dam shall not be increased,
(ii) if the structures incidental to the use of the fishery are not demolished the Minister shall remain liable for their maintenance in such condition that they shall not obstruct the migration of fish or cause any damage or loss of water beyond what was normal while they were being used for the purposes of the fishery;
(c) in case such fishery is a fixed engine (tidal waters) fishery, the Minister shall remove all stakes or other structures which may constitute a danger to navigation or to the use of lawful nets under common law rights.
Re-erection or re-equipment of unused fisheries.
86.—(1) Where a vested fishery which is a weir (tidal waters) fishery or a weir (fresh water) fishery or a mill-dam fishery has become an unused fishery and the Minister has demolished the structure by means of which such fishery was carried on, the Minister may within five years after the date on which such fishery became an unused fishery but not later re-erect it on the same site for fishing in the same place and with the same dimensions and, in the case of a weir (tidal waters) fishery or a weir (fresh water) fishery, the same provision for a free gap (if any) as is shown in the record survey of the fishery.
(2) Where a vested fishery which is a fixed engine (tidal waters) fishery has become an unused fishery, the Minister may at any time re-erect or re-equip it in accordance with the certificate issued in respect thereof under the provisions of the Salmon Fishery (Ireland) Act, 1863.
Chapter VI.
Supplementary Provisions.
Right of access to vested fisheries.
87.—(1) Any authorised person shall at all times have a right of free access to any vested fishery and shall be entitled, subject to the provisions of this Act, with boats or vehicles to enter on any watercourse or land for the purpose of operating the fishery, and may remove (subject in the case of the foreshore to the consent of the Minister for Industry and Commerce) any obstruction, natural or otherwise, to his passage.
(2) If any person obstructs any authorised person in the exercise of the powers conferred on such authorised person by 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 pounds.
(3) In this section the expression “authorised person” means a person authorised by the Minister to exercise the powers conferred on an authorised person by this section.
(4) Where the normal access to a transferable fishery vested in the Minister was before such vesting through any enclosed premises, yard, garden or land surrounding or adjacent to a dwelling house, the right of free access conferred by sub-section (1) of this section shall not be exercisable by way of such premises, yard, garden or land, save where the same are separated from, and were before such vesting used solely in connection with, such fishery.
(5) An offence under this section may be prosecuted by the Minister.
Exercise of angling rights.
88.—(1) Where a transferable fishery in any water flowing through land surrounding or adjacent to a dwelling house has become vested in the Minister and the angling rights in such water have not been reserved under an angling rights (reservation) order, any person lawfully entitled to fish with rod and line on such water and his paid servants or attendants shall be entitled to pass along the banks of such water for the purpose of such fishing or of going to or returning from such fishing, but for no other purpose.
(2) This section shall not entitle any person to enter any enclosed yard or garden or any buildings.
Liability of Minister for damage by flooding.
89.—No claim shall lie against the Minister for flooding of lands or other consequential damage due to the continued existence of any structure (including a weir and a mill-dam which on the date of vesting formed part of or existed in a fishery vested in the Minister under Chapter II of this Part of this Act) unless the Minister shall have increased the height of such structure or shall have closed the openings or gaps therein to an extent to which they could not have been legally closed on the said date.
Provisions in relation to mill-dam fisheries.
90.—(1) The following provisions shall have effect in relation to any mill-dam fishery vested in the Minister under Chapter II of this Part of this Act, and to the fishing mill-dam, by means of part of which such fishery is carried on, that is to say:—
(a) so long as the Minister makes no alteration, other than repairs to casual defects in those parts of the structure of such dam essential to the carrying on of such fishery, he shall not be liable for any part of the cost of maintaining the mill-dam;
(b) any authorised person shall have a right of free access to such fishery and such right shall extend if necessary to the mill, power-house, or other premises adjacent to or connected with such mill-dam, but if the owner or occupier of such mill, power-house or premises shall offer to the Minister facilities for other reasonable means of access, the Minister shall accept such facilities in lieu of such first mentioned right of access, and shall carry out such works as may be necessary to render the same effective;
(c) the Minister may cause to be erected such walls, fences or other structures as he may think necessary for the protection of such fishery against trespass in such situation as he may require, but where any such walls, fences or other structures may interfere with the access of the owner or occupier to such mill-dam, the Minister shall provide such owner or occupier with the necessary means of getting through or over them;
(d) if the mill, power-house or premises which such mill-dam is intended to serve becomes vacant, or if the water impounded by such mill-dam, ceases to be used for power purposes, either partly or wholly, the Minister shall none the less continue to be entitled to use such fishery, and the provisions of section 31 (which relates to alteration of abandoned and disused dams) of this Act shall apply.
(2) If any person obstructs any authorised person in the exercise of the powers conferred on such authorised person by 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 pounds.
(3) In this section the expression “authorised person” means a person authorised by the Minister to exercise the powers conferred on an authorised person by this section.
(4) An offence under this section may be prosecuted by the Minister.
Restrictions on Minister's powers.
91.—Nothing in this Act shall operate to authorise the Minister—
(a) to construct or erect on tidal lands (within the meaning of the Foreshore Act, 1933 (No. 12 of 1933)), any work or structure, other than a fixed engine for the capture of salmon, trout or eels legally existing, or for which a certificate existed, in the year in which this Act is passed, without the consent of the Minister for Industry and Commerce or otherwise than in accordance with the terms and conditions of such consent;
(b) to erect any buildings or structures which may interfere with the amenities of the residence or pleasure grounds of a person who was the owner or occupier of a fishery vested in the Minister under Chapter II of this Part of this Act or operate such fishery in such a way as to interfere with such amenities.
Fishing licences in vested fisheries operated by the Minister.
92.—Where any vested fishery is being operated by the Minister under this Part of this Act all licences for fishing engines used in such fishery shall be taken out in the name of the Minister.
Voting by Minister at elections of conservators.
93.—(1) The Minister as a licence holder shall have power to vote at elections of conservators by a proxy appointed under his hand and the voting power of such proxy shall be calculated separately in respect of each fishing licence held by the Minister.
(2) Any instrument appointing a proxy under this section shall not require a stamp.
Nomination of ex-officio conservators by the Minister.
94.—(1) Where on the date on which the fishery rate for any fishery year is struck by a board of conservators any vested fishery situate in the fishery district of such board is valued at not less than fifty pounds, the Minister may nominate one person as his representative to be, until the next fishery rate is struck by such board, an ex-officio member in respect of such fishery of such board.
(2) Where—
(a) two or more vested fisheries in the same fishery district were vested in the Minister on the same date, and
(b) such fisheries were immediately before being so vested in the ownership or occupation of the same person,
then such fisheries shall for the purposes of sub-section (1) of this section be deemed to be one fishery the value of which is the aggregate value of all such fisheries.
(3) Where any vested fishery is for the time being leased or is for the time being an unused fishery, the value of such fishery shall for the purposes of sub-sections (1) and (2) of this section be deemed to be nil.
(4) Where the Minister is entitled under sub-section (1) of this section to nominate ex-officio members of two or more boards of conservators he may nominate the same person to be an ex-officio member of each of such boards.
(5) Where the Minister is entitled under sub-section (1) of this section to nominate two or more ex-officio members of a board of conservators, he may nominate, one person only, and in that case such one person shall have and may exercise at meetings of such board a number of votes equal to the number of ex-officio members of such board which the Minister is for the time being entitled to nominate.
(6) A person nominated by the Minister under this section to be an ex-officio member of a board of conservators shall have and may exercise as such member all the rights which are conferred by section 6 of the Fisheries (Ireland) Act, 1848, and this Act on a person who is an ex-officio member of a board of conservators.
Payments by Minister in lieu of fishery rate.
95.—(1) No fishery rate shall be payable by the Minister in respect of any vested fishery.
(2) Subject to the provisions of this section the Minister may, if he so thinks fit, in respect of each vested fishery, as on and from the payment day next following the date of vesting, pay in any fishery year to the board of conservators for the fishery district in which such fishery is situate in lieu of fishery rate a half-yearly sum calculated as a moiety of the fishery rate for the current fishery year on the poor law valuation existing at the date when the fishery rate is made.
(3) Where a vested fishery is for the time being an unused fishery no payment in lieu of fishery rate shall be made by the Minister in respect of such fishery after the commencement of the fishery year next after the date on which the Minister gives notice to the board of conservators within whose fishery district such fishery is situate of his intention to refrain from using such fishery.
(4) Where a vested fishery which has ceased to be worked by the Minister is subsequently worked by the Minister, payment in lieu of fishery rate may be made on and from the payment day next following the date on which such fishery is subsequently worked.
(5) Where a vested fishery is leased by the Minister under this Part of this Act, no payment in lieu of fishery rate shall be made by the Minister in respect of such fishery for any period during which any person is under an obligation to pay fishery rate in respect of such fishery.
(6) For the purposes of this section each of the following dates in each year shall be a payment day—
(a) the 1st day of April;
(b) the 1st day of September.
PART VI.
Miscellaneous Provisions.
Power of Minister to take on lease fisheries for research purposes.
96.—(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 V of this Act relating to the operation of 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 V of this Act, has for the time being been leased under this section, the provisions of Part V. of this Act shall, notwithstanding such lease, apply in respect of such fishery.
Service of documents.
97.—(1) Where any document is required or permitted by the Fisheries Acts or this Act (including sub-section (2) of this section) to be served on any person such document shall be addressed to such person and shall be served on such person in some one of the following ways, that is to say:—
(a) by delivering it to such person;
(b) by leaving it at the address at which such person ordinarily resides;
(c) by sending it by post in a prepaid registered letter addressed to such person at the address at which he ordinarily resides.
For the purposes of this sub-section a company registered under the Companies Acts, 1908 to 1924, shall be deemed to be ordinarily resident at its registered office, and every body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business within the State.
(2) Where any document is required or permitted by the Fisheries Acts or this Act to be served on the owner of a fishery and either such owner cannot be found within the State or the name or address of such owner cannot after reasonable inquiry be ascertained, such document shall be deemed to have been duly served on such owner if it is served on the occupier of such fishery.
Legal Proceedings.
Form of conviction.
98.—Where a person is convicted by the District Court of an offence against the Fisheries Acts or this Act the conviction shall be in the form for the time being authorised by the District Court Rules.
Form of dismissal.
99.—Where any proceedings for an offence under the Fisheries Acts or this Act are dismissed by the District Court, the dismissal shall be in the form for the time being authorised by the District Court Rules.
Appeals from the District Court.
100.—(1) Where any proceedings for an offence under the Fisheries Acts or this Act are dismissed, whether on the merits or without prejudice, by the District Court, the prosecutor may appeal against the order of dismissal to the Judge of the Circuit Court within whose Circuit the Courthouse in which such order was made is situate.
(2) Where by virtue of any enactment (including sub-section (1) of this section) a right of appeal against an order of the District Court in any proceedings under the Fisheries Acts or this Act lies to a Judge of the Circuit Court, such Judge on such appeal may vary, confirm, or reverse such order, and the decision of such Judge on such appeal shall be final and conclusive and not appealable.
How offences may be tried.
101.—(1) Notwithstanding anything contained in any other enactment, any offence under the Fisheries Acts or this Act may be heard and determined in a summary way by a Justice of the District Court upon the complaint, verbal or otherwise, of a member of the Gárda Síochána, any officer or employee of a board of conservators, or any other person.
(2) An offence under the Fisheries Acts or this Act may be brought before and heard and disposed of by a Justice of the District Court irrespective of the place in which the person alleged to have committed such offence resides or in which such offence is alleged to have been committed.
Proof of bye-laws, etc.
102.—(1) In any proceedings under the Fisheries Acts or this Act, a document purporting to be a copy of any instrument in writing made or issued under the said Fisheries Acts or this Act shall, if it is certified by an officer of the Minister to be a true copy of such instrument, be prima facie evidence of such instrument, and it shall not be necessary to prove the signature of the person so certifying such document or that he is an officer of the Minister.
(2) Nothing in this section shall be construed as limiting or affecting the operation of section 4 of the Documentary Evidence Act, 1925 (No. 24 of 1925).
SCHEDULE.
Enactments Repealed.
Session and Chapter or Number and Year | Short Title | Extent of Repeal |
5 & 6 Vic., c. 106. | The Fisheries (Ireland) Act, 1842. | In Section 78 the words “if any person shall, between sunset and sunrise, have or use any light or fire of any kind, or any spear, gaff, stroke-haul, or other such instrument with intent to take salmon or other fish in or on the banks of any lake or river, or”; Sections 80, 101 and 102. |
13 & 14 Vic., c. 88. | The Fisheries (Ireland) Act, 1850. | Sections 40, 50, 51, 52 and 53. |
26 Vic., c. 10. | The Salmon Acts (Amendment) Act, 1863. | The whole Act. |
33 & 34 Vic., c. 33. | The Salmon Acts (Amendment) Act, 1870. | The whole Act. |
40 & 41 Vic., c. 65. | The Fisheries (Dynamite) Act, 1877. | The whole Act. |
47 & 48 Vic., c. 48. | The Oyster Cultivation (Ireland) Act, 1884. | Section 8; section 9; in section 10 the words “that has been confirmed by the Lord Lieutenant”; in section 15 the words “and that same has been confirmed by the Lord Lieutenant.” |
No. 6 of 1924. | The Fisheries Act, 1924. | Sections 5 and 6. |
No. 32 of 1925. | The Fisheries Act, 1925. | Sections 26 and 35; sub-section (1) of Section 37. |
No. 24 of 1934. | Sub-section (3) of Section 14. | |
No. 33 of 1935. | The whole Act. | |
No. 34 of 1937. | The whole Act. |