Fisheries Act , 1939

PART I. Preliminary and General.

1 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.

2 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.

3 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).

4 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.

5 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.

6 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.

7 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.

8 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.

9 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.

10 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.

11 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.

12 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.

13 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.

14 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.

15 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.

16 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.

17 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