Fisheries (Statute Law Revision) Act , 1956

1 Interpretation of this Act.

1.—(1) In this Act—

the expression “the Acts” means the Fisheries Acts, 1842 to 1953;

the expression “the Act of 1925” means the Fisheries Act, 1925 (No. 32 of 1925);

the expression “the Act of 1933” means the Sea Fisheries Protection Act, 1933 (No. 53 of 1933);

the expression “the Act of 1935” means the Shannon Fisheries Act, 1935 (No. 4 of 1935);

the expression “the Act of 1937” means the Sea Fisheries (Protection of Immature Fish) Act, 1937 (No. 33 of 1937);

the expression “the Act of 1939” means the Fisheries Act, 1939 (No. 17 of 1939);

the expression “the Act of 1945” means the Electricity (Supply) (Amendment) Act, 1945 (No. 12 of 1945);

the expression “the Act of 1953” means the Fisheries (Amendment) Act, 1953 (No. 16 of 1953);

the expression “District Justice” means a Justice of the District Court;

the expression “the Minister” means the Minister for Agriculture.

(2) In this Act, references to any enactment shall be construed as references to that enactment as amended by any subsequent enactment, including this Act.

(3) This Act shall be construed as one with the Acts.

2 Definition of certain expressions in the Acts and this Act.

2.—(1) In the Acts and this Act—

the expression “deleterious matter” means any substance (including an explosive) which, on entry or discharge into any waters, is liable to render the waters poisonous or injurious to fish, spawning grounds or the food of any fish;

the expression “officer of the Minister” includes a servant of the Minister;

the expression “unseasonable salmon or trout” means any salmon or trout which is about to spawn, or which has spawned and has not recovered from spawning;

the word “waters” means any river, lake, watercourse, estuary or any part of the sea.

(2) In section 35 of the Act of 1939 and section 2 of the Act of 1953, the word “lake” means a freshwater lake.

3 Fishery districts and electoral divisions.

3.—(1) Subject to an order under section 4 of this Act, each area mentioned in column (4) of the First Schedule to this Act at any reference number shall be a fishery district for the purposes of the Acts and this Act and shall be known by the number and name mentioned in columns (2) and (3) respectively of the said Schedule at that reference number.

(2) Subject to an order under section 4 of this Act, each of the several waters mentioned in column (6) of the First Schedule to this Act at any reference number shall, for the purposes of the Acts and this Act, be an electoral division of the fishery district, the name whereof is mentioned in column (3) of the said Scheduleat that reference number, and each such electoral division shall be known by the name mentioned opposite it in column (5) of the said Schedule.

(3) (a) The Minister shall cause to be prepared maps (in this subsection referred to as the official maps) showing, in such manner as the Minister thinks fit and indicates thereon, the boundaries of each of the several fishery districts.

(b) The official maps shall be sealed with the official seal of the Minister.

(c) The official maps shall, for the purposes of any proceedings under the Acts or this Act, be conclusive evidence of the boundaries (as shown thereon) of each fishery district.

(d) The official maps shall be deposited at the office of the Minister in Dublin and shall be there open to inspection by any interested person free of charge at such times as the Minister may direct.

(e) In any proceedings under the Acts or this Act, a map certified by an officer of the Minister to be a true copy of the official maps or any portion thereof shall be prima facie evidence of the official maps or such portion thereof (as the case may be) and it shall not be necessary to prove the signature of the person certifying such map or that he was an officer of the Minister.

4 Creation of new fishery districts and electoral divisions.

4.—(1) The Minister may from time to time by order do any one or more of the following things—

(a) create (by union, subdivision or otherwise) new fishery districts,

(b) create (by union, subdivision or otherwise) new electoral divisions,

(c) appoint the number of conservators (which shall not be more than nine or less than three) to be elected for any new electoral division created under this section.

(2) Whenever the Minister creates a new electoral division by an order under this section he may either—

(a) provide by the order for the election of persons to act as conservators for such electoral division until the next triennial election, or

(b) nominate persons to act as conservators for such electoral division until the next triennial election.

(3) Whenever the Minister by an order made under this section creates a new fishery district, he shall by such order appoint the boundaries of such fishery district and shall annex to such order a suitable map showing such boundaries.

(4) Whenever the Minister by an order made under this section creates a new fishery district, he may, by the same order or by a subsequent order, direct that all or any specified part of the moneys and other assets which at the date of the order belong to the board of conservators of any fishery district affected by the order shall, subject to the liabilities of such board, be disposed of in such manner as the Minister thinks proper to direct and specify in such order, and when any such order is made the moneys and other assets to which it relates shall, subject to the said liabilities, be disposed of accordingly.

(5) Whenever the Minister by order made under this section creates a new fishery district, he may by the same order or a subsequent order provide for the holding of the first meeting of the board of conservators for such new fishery district.

(6) Every order made by the Minister under this section shall, as soon as may be after it is made, be published (without the map (if any) annexed thereto but with a statement of where such map (if any) may be inspected) in the Iris Oifigiúil and in one or more newspapers circulating in the fishery districts affected by the order, and a copy of such order and of the map (if any) annexed thereto shall be deposited with the County Registrar for every county and the District Court Clerk of every district which, or any part of which, is affected by the order, and in every station of the Garda Síochána within the fishery districts affected by the order.

5 Number of conservators for electoral divisions.

5.—(1) Subject to an order under subsection (2) of this section, the number of conservators for each electoral division, the name whereof is mentioned in column (5) of the First Schedule to this Act shall be the number set out in column (7) of the said Schedule opposite the mention of that electoral division.

(2) (a) The Minister may, whenever and so often as he thinks proper, by order alter the number of conservators for any electoral division, but the number of such conservators shall not by any such order be increased to more than nine or reduced to less than three.

(b) Every order made under this subsection in respect of an electoral division shall come into operation at the triennial election of conservators for that electoral division held next after the date of the order.

(c) This subsection shall not apply to the two tidal electoral divisions of the No. 8 or Limerick Fishery District.

6 Amendment of section 13 of the Act of 1925.

6.—(1) (a) The following subsection shall be substituted for subsection (1) of section 13 of the Act of 1925—

“(1) Every board of conservators shall on or before the 31st day of December in every fishery year to which this section applies strike on all fisheries within its fishery district (which appear in the revised Valuation Lists required under the Valuation Acts to be issued by the Commissioner of Valuation by the 1st day of March immediately preceding the commencement of that fishery year and are not distinguished therein by the Commissioner of Valuation pursuant to section 2 of the Valuation (Ireland) Act, 1854) a rate of such amount per cent. of their valuations as will, with the estimated amount of other income, be sufficient to meet the estimated amount of the board's expenditure for that fishery year.”

(b) Paragraph (a) of this subsection shall be deemed to have come into operation on the commencement of section 13 of the Act of 1925.

(2) The following new subsection shall be inserted in section 13 of the Act of 1925—

“(4A) Where in any fishery year a board of conservators strike a rate under subsection (1) of this section or the Minister, by reason of the failure of the board of conservators to strike the rate, strikes a rate under subsection (4) of this section for the fishery district of the board of conservators, the board of conservators or the Minister may make such departure, not affecting value, from the particulars, relating to a fishery in that fishery district, contained in the revised Valuation Lists required under the Valuation Acts to be issued by the Commissioner of Valuation by the 1st day of March immediately preceding the commencement of that fishery year, as may be necessary, at the time of making the rate, to enable the board of conservators or the Minister to make a valid rating.”

(3) In subsection (5) of section 13 of the Act of 1925—

(a) the words “Every rate struck under this section” shall be substituted for the words “Every rate made under this section and every rate struck by the Minister under this section”;

(b) the word “August” shall be substituted for the word “September”.

7 Valuations by reference to which fishery rates are to be struck, and provisions in relation to appeals against valuations of fisheries.

7.—(1) Where in any fishery year a board of conservators strike a rate under section 13 of the Act of 1925 or the Minister, by reason of the failure of the board of conservators to strike the rate, strikes a rate under that section for the fishery district of the board of conservators, the board of conservators or the Minister shall make the rate according to the valuations appearing in the revised Valuation List required under the Valuation Acts to be issued by the Commissioner of Valuation by the 1st day of March immediately preceding the commencement of that fishery year, and the board of conservators may levy, collect and recover any sum due on account of any rate so made, notwithstanding any pending appeal or notice of appeal under the Valuation Acts with respect to valuation but where the valuation of any fishery is altered on appeal, the board of conservators—

(a) shall, if the valuation is decreased, repay any sum paid in respect of the rate in excess of the sum which would have been payable if the valuation had originally stood as altered on appeal, and

(b) may, if the valuation is increased, recover as arrears of the rate, an amount equal to the difference between the sum payable in respect of the rate as made and the sum which would have been payable in respect of the rate if the valuation had originally stood as altered on appeal.

(2) Subsection (1) of this section shall be deemed to have come into operation on the commencement of section 13 of the Act of 1925.

8 Amendment of fishery rates.

8.—(1) Where a fishery rate on a fishery has been struck (whether before or after the passing of this Act) under section 13 of the Act of 1925 in a particular fishery year, the board of conservators in whose fishery district the fishery is situate may, but not later than the expiration of the next following fishery year, make such amendments in the rate as are necessary to correct occupiers' names, misdescriptions and clerical, arithmetical and other errors therein.

(2) Whenever a board of conservators propose to make an amendment of a rate on a fishery under this section—

(a) the board of conservators shall serve by post notice of the proposed amendment on any person who is the occupier of the fishery,

(b) the notice shall contain an intimation that written objections to the proposed amendment may be sent to the board of conservators within seven days after the posting of the notice,

(c) before making the proposed amendment, the board of conservators shall consider the objections (if any) received as the result of the notice.

(3) A board of conservators shall make such refunds or give such credits (as the case may require) in respect of fishery rate and shall be entitled to make such recoveries of fishery rates as may be from time to time appropriate in consequence of any amendment under this section.

9 Amendment of section 95 of the Act of 1939.

9.—In subsection (6) of section 95 of the Act of 1939, the word “August” shall be substituted for the word “September”.

10 Amendment of section 24 of the Act of 1935.

10.—In section 24 of the Act of 1935, the words “tidal portion of the River Shannon” shall be substituted for the words “tidal waters of the River Shannon within the meaning of those Acts”.

11 Restrictions on issue of drift net and draft net licences in tidal portions of rivers in which the Electricity Supply Board has a fishery or fishing rights.

11.—(1) In this section, the expression “tidal portion of a river to which this section applies” means—

(a) the tidal portion of the River Shannon,

(b) the tidal portion of any river in which the Electricity Supply Board has acquired a fishery or a fishing right under Part III of the Act of 1945 (No. 12 of 1945).

(2) The Minister may, if he so thinks proper, do, in respect of the tidal portion of a river to which this section applies, the following things—

(a) make regulations prescribing the maximum number (which shall not, in case that river is the River Shannon, exceed seventy) of licences for fishing with drift nets therein which may be issued in any year in which the open season for such fishing begins after the date of such regulations;

(b) make regulations prescribing the maximum number (which shall not, in case that river is the River Shannon, exceed twenty-five) of licences for fishing with draft nets therein which may be issued in any year in which the open season for such fishing begins after the date of such regulations;

(c) make regulations in relation to the issue of such licences as are mentioned in either paragraph (a) or (b) of this subsection with a view to securing to persons who held such drift net licences or draft net licences (as the case may be) in the year before the date of the regulations under paragraph (a) or (b) of this subsection a preferential right to purchase such drift net licences or draft net licences (as the case may be) before the commencement of any open season for fishing under such licences in respect of which the number of such licences is limited by the last-mentioned regulations.

(3) Whenever the Minister makes under this section regulations prescribing the maximum number of licences of any particular kind which may be issued in respect of the tidal portion of any particular river in any particular open season, the number of such licences issued in respect of such tidal portion in any such open season shall not exceed the maximum number so prescribed.

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

(5) Unless and until regulations are made under subsection (2) of this section in relation to the tidal portion of the River Shannon, the provisions of subsection (1) of section 23 (repealed by this Act) of the Act of 1935, shall, notwithstanding such repeal, continue in force and shall, for the purposes of this section, be deemed to have been made by regulations under paragraphs (a) and (b) of subsection (2) of this section.

(6) The River Shannon Tidal Waters (Issue of Fishing Licences) Regulations, 1935 (S. R. & O. No. 664 of 1935), made under subsection (2) of section 23 (repealed by this Act) of the Act of 1935 shall, notwithstanding such repeal, continue in force and be deemed to have been made under paragraph (c) of subsection (2) of this section.

12 Restriction on possession of nets, etc.

12.—(1) If any person has in his possession or control in any waters or on or near the bank of any waters—

(a) any net, the use of which in such waters for the purpose of taking fish is prohibited by any provision (other than section 35 of the Act of 1939) of the Acts or by any bye-law made thereunder, or

(b) any instrument (other than a net) or lure or bait, the use of which in such waters for the purpose of taking fish is prohibited by any provision of the Acts or by any bye-law made thereunder,

such person shall be guilty of an offence under this subsection.

(2) If any person has in his possession or control in, or in the vicinity of, a freshwater lake or the freshwater portion of any river any net constructed or mounted so as to be capable of being used for the capture of fish with intent to use it in contravention of section 35 of the Act of 1939, such person shall be guilty of an offence under this subsection.

(3) Any person guilty of an offence under subsection (1) or (2) of this section 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 six months.

(4) Where a person is convicted of an offence under subsection (1) or (2) of this section, the net, other instrument, lure or bait in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.

(5) Where—

(a) a person is charged with an offence under subsection (2) of this section in relation to the possession or control of a net, and

(b) it is proved that he was found in possession or control of such net in, or in the vicinity of, a freshwater lake or the freshwater portion of any river,

it shall be presumed that he had the possession or control of such net with intent to use it in such freshwater lake or the freshwater portion of such river in contravention of section 35 of the Act of 1939, unless and until he satisfies the Court that, at the time the offence is alleged to have been committed,—

(i) he intended and was entitled to use such net in a manner which comes within one of the matters of exception mentioned, in relation to a net of a similar kind, in subsection (1) of section 35 of the Act of 1939, or, if such net is a draft net, in a manner which is permitted by bye-laws made under section 2 of the Act of 1953, or