Fisheries (Amendment) Act , 1958

PART I. Preliminary and General.

1 Short title and collective citation.

1.—(1) This Act may be cited as the Fisheries (Amendment) Act, 1958.

(2) The Fisheries Acts, 1842 to 1956, and this Act may be cited together as the Fisheries Acts, 1842 to 1958.

2 Commencement.

2.—(1) This Act (except sections 4, 6, 9 to 18, 23, 24, 28 to 30 and the First and Second Schedules) shall come into operation immediately upon the passing thereof.

(2) The following provisions of this Act namely, sections 4, 6, 9 to 18 and the First and Second Schedules shall come into operation on the 1st day of December, 1958.

(3) The following provisions of this Act, namely, sections 23, 24 and 28 to 30 shall come into operation on such day or days as shall be fixed for that purpose by order of the Minister either generally or with reference to any particular provision and different days may be so fixed for different such provisions.

3 Interpretation generally.

3.—(1) In this Act—

the expression “the Acts” means the Fisheries Acts, 1842 to 1956;

the expression “the Act of 1848” means the Fisheries (Ireland) Act, 1848;

the expression “the Act of 1850” means the Fisheries (Ireland) Act, 1850;

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

the expression “the Act of 1934” means the Fisheries (Tidal Waters) Act, 1934 (No. 24 of 1934);

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

the expression “the Minister” means the Minister for Lands;

the expression “election year” means the year 1958 and every third successive year thereafter;

the expression “ordinary fishing licence” means a fishing licence issued under Chapter I of Part V of this Act;

the expression “ordinary licence duty” means the duty payable under Chapter I of Part V of this Act for an ordinary fishing licence;

the expression “oyster fishing licence” means a fishing licence issued under Part IX of this Act;

the expression “salmon rod licence” means a licence to fish with rod and line for salmon;

the expression “salmon rod ordinary licence” means an ordinary fishing licence to fish with rod and line for salmon;

the expression “salmon rod (annual) ordinary licence” means a salmon rod ordinary licence which is valid for a period of one year and is available for use in every fishery district;

the expression “salmon rod (annual) (district) ordinary licence” means a salmon rod ordinary licence which is valid for a period of one year and is available for use in the fishery district of the board of conservators by which it was issued and in no other fishery district;

the expression “salmon rod (Foyle Area) licence” means a salmon rod licence issued in pursuance of regulations made under the Foyle Fisheries Act, 1952 (No. 5 of 1952), which is valid for a year;

the expression “salmon rod (late season) ordinary licence” means a salmon rod ordinary licence which is valid for a period of six months commencing on a first day of July and is available for use in every fishery district;

the expression “salmon rod (late season) (district) ordinary licence” means a salmon rod ordinary licence which is valid for a period of six months commencing on a first day of July and is available for use in the fishery district of the board of conservators by which it was issued and in no other fishery district;

the expression “salmon rod (seven day) ordinary licence” means a salmon rod ordinary licence which is valid for a period of seven days;

the expression “salmon rod (twenty-one day) ordinary licence” means a salmon rod ordinary licence which is valid for a period of twenty-one days;

the expression “scheduled engine” means an engine of the kind specified in the Second Schedule to this Act;

the expression “special local licence” has the meaning assigned to it by the Act of 1934;

the expression “special tidal waters” means any tidal waters in respect of which an order, made under section 2 of the Act of 1934, is for the time being in force.

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

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

4 Repeals.

4.—The enactments specified in the First Schedule to this Act are hereby repealed to the extent specified in column (3) of the said Schedule.

PART II. Miscellaneous Powers of the Minister.

5 Power of Minister to grant fish culture licences.

5.—(1) The Minister may, whenever and so often as he thinks fit, by licence (in this section referred to as a fish culture licence) authorise, subject to such conditions as he thinks fit and specifies in the licence, a named person to carry on at a specified place such operations, in relation to the culture of fish of a specified kind, as may be specified in the licence.

(2) Notwithstanding anything contained in the Acts or this Act or any instrument made thereunder, a person to whom a fish culture licence is granted and any person acting under the directions of such first-mentioned person may, subject to the conditions specified in the licence, do any of the things authorised by the licence.

(3) The Minister, if he so thinks fit, may amend a fish culture licence within ten years from the date on which the licence was granted.

(4) The Minister may revoke a fish culture licence—

(a) if the licensee is convicted of an offence under the Acts or this Act or any instrument made thereunder, or

(b) if he is satisfied that there has been a breach of any condition specified in the licence.

(5) The following provisions shall apply in relation to the amendment or revocation of a fish culture licence under this section—

(a) the Minister shall not amend or revoke the licence unless and until he has given by post to the licensee at least one fortnight's notice in writing stating that the Minister has under consideration, as the case may be, the amendment or revocation of the licence,

(b) the notice shall also state—

(i) in case it states that the Minister has under consideration the amendment of the licence— the specific amendment under consideration and the grounds on which it is so under consideration, or

(ii) in case it states that the Minister has under consideration the revocation of the licence— the grounds on which such revocation is so under consideration,

(c) the Minister shall consider any representations in relation to such amendment or revocation, as the case may be, made to him by the licensee before the expiration of the notice.

PART III. Boards of Conservators.

6 Exclusion of certain licence duties in computing scale of votes at elections of conservators.

6.—(1) In this section the expression “excepted licence” means any licence being—

(a) a fishing licence issued in an election year, but after the 31st day of July in that year, or

(b) a salmon rod licence which is valid for a period of less than one year, or

(c) a salmon rod ordinary licence valid for a particular year which is issued to a person who is the holder of a salmon rod (Foyle Area) licence valid for that year, or

(d) a salmon rod licence in respect of which a reduced rate of licence duty is payable under subsection (5) of section 4 of the Act of 1934, or

(e) a trout rod licence.

(2) In computing for the purposes of the scale contained in subsection (1) of section 8 of the Act of 1925, the licence duty paid by any person, no account shall be taken of the licence duty paid in respect of an excepted licence.

7 Right of holders of oyster fishing licences to vote at election of conservators and scale of votes.

7.—(1). Every person, who is the holder of one or more oyster fishing licences which or each of which is valid for a particular election year and is issued in a particular electoral division, shall be entitled to vote in person at the election of conservators to be held in that year for that electoral division and shall have thereat a vote or votes according to the scale set out in subsection (1) of section 8 of the Act of 1925.

(2) A person who is entitled by virtue of subsection (1) of this section to vote at any election of conservators for an electoral division to be held in a particular election year shall—

(a) be deemed, for the purpose of the choosing of the chairman to preside at the meeting for such election, a person who has paid licence duty for such year in such electoral division, and

(b) be eligible to be chosen as chairman of such meeting.

8 The Salmon Conservancy Fund.

8.—(1) In this section—

“the Act of 1954” means the Salmon Conservancy Fund Act, 1954 (No. 4 of 1954) (repealed by this Act);

“the Fund” means the Salmon Conservancy Fund established by section 5 of the Act of 1954;

“prescribed” means prescribed by regulations made by the Minister;

“salmon” does not include salmon preserved and contained in tins, bottles, jars or similar containers holding only portions of fish or products of fish.

(2) The Minister shall continue to maintain the Fund.

(3) (a) The Minister may from time to time by order provide that no person shall export salmon unless there is produced at the time of exportation evidence in such form as may be prescribed of the payment at the prescribed rate of levy on such salmon.

(b) The Minister may, after consultation with the Minister for Finance, by order revoke an order under paragraph (a) of this subsection.

(4) (a) The Minister may, from time to time, after consultation with the Minister for Finance, by regulations prescribe the rate of levy to be paid on salmon for export and the manner of payment.

(b) Different rates of levy may be prescribed for different periods.

(c) Subject to paragraph (d) of this subsection the rate of levy shall not exceed two pence per lb.

(d) The Minister may from time to time by order provide that the levy may be prescribed at a specified rate exceeding two pence per lb. but no such order shall have effect unless and until it is confirmed by resolution of each House of the Oireachtas.

(5) Every board of conservators and every other person collecting levy under this section shall as soon as may be pay to the Minister all sums so collected.

(6) (a) Whenever, by virtue of an order made under paragraph (b) of subsection (1) of section 15 of this Act, the ordinary licence duty for the time being payable in respect of a salmon rod (annual) ordinary licence which is to be valid for a particular year exceeds two pounds, each board of conservators shall, in respect of each such licence issued by it which is valid for that year, pay to the Minister, before the expiration of that year, a sum equal to the excess.

(b) Whenever, by virtue of an order made under paragraph (b) of subsection (1) of section 15 of this Act, the ordinary licence duty for the time being payable, in respect of a salmon rod (seven day) ordinary licence which is to be valid for a particular period of seven days exceeds one pound, each board of conservators shall, in respect of each such licence issued by it which is valid for that period, pay to the Minister, before the expiration of the year in which that period falls, a sum equal to the excess.

(c) Whenever, by virtue of an order made under paragraph (b) of subsection (1) of section 15 of this Act, the ordinary licence duty for the time being payable in respect of a salmon rod (twenty-one day) ordinary licence which is to be valid for a particular period of twenty-one days exceeds one pound and ten shillings, each board of conservators shall, in respect of each such licence issued by it which is valid for that period, pay to the Minister, before the expiration of the year in which that period falls, a sum equal to the excess.

(d) Whenever, by virtue of an order made under paragraph (b) of subsection (1) of section 15 of this Act, the ordinary licence duty for the time being payable in respect of a salmon rod (late season) ordinary licence which is to be valid for a particular period of six months commencing on a first day of July exceeds one pound and ten shillings, each board of conservators shall, in respect of each such licence issued by it which is valid for that period, pay to the Minister, before the expiration of the year in which that period falls, a sum equal to the excess.

(e) Whenever, by virtue of an order made under paragraph (c) of subsection (2) of section 15 of this Act, the ordinary licence duty for the time being payable in respect of a salmon rod (annual) ordinary licence (being a licence which is to be valid for a particular year and is issued to a person who is the holder of a salmon rod (Foyle Area) licence which is valid for that year) exceeds ten shillings, each board of conservators shall, in respect of each such licence issued by it which is valid for that year, pay to the Minister, before the expiration of that year, a sum equal to the excess.

(7) Any moneys received by the Minister under subsection (5) or (6) of this section shall be paid into the Fund.

(8) (a) The Minister may from time to time, with the consent of the Minister for Finance, pay into the Fund out of moneys provided by the Oireachtas such sums as may be required to enable payments to be made under paragraph (a) of subsection (9) of this section.

(b) Payments into the Fund under this subsection may be made either by way of grant or of advances repayable on such terms as may be approved by the Minister for Finance.

(9) (a) The Minister may pay out of the Fund—

(i) such sums as he thinks proper to supplement the income of any board of conservators whose income in any year appears to him to be insufficient to defray the expenses of such board of conservators in the performance of its duties,

(ii) such sums towards the expenses incurred in connection with any scheme for the improvement of the inland fisheries as the Minister thinks proper.

(b) The Minister shall pay out of the Fund the costs of the administration of the Fund.

(c) The Minister shall pay out of the Fund all payments due in respect of advances to the Fund under subsection (8) of this section.

(10) An account of the Fund shall be prepared for each financial year in a form approved of by the Minister for Finance and the account shall be audited by the Comptroller and Auditor General and, together with the report of the Comptroller and Auditor General thereon, shall be laid before each House of the Oireachtas.

(11) (a) The Minister may make regulations requiring persons by whom levy is payable under this section or any class of such persons to be registered in the prescribed manner, to keep such records and afford such facilities for their inspection and to furnish such returns as may be prescribed.

(b) Any person who contravenes, whether by action or omission, any regulation made under this subsection shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds.

(12) The Minister may make regulations in relation to any matter or thing referred to in this section as prescribed.

(13) The expenses incurred by the Minister in the administration of this section and not elsewhere provided for shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

(14) Any order or regulation made under the Act of 1954 and in force immediately before the passing of this Act shall continue in force and be deemed to have been made under this section.

(15) The Act of 1954 is hereby repealed.

9 Seal of board of conservators.

9.—The board of conservators for a fishery district shall provide itself with a seal.

PART IV. Rates on Fisheries.

10 Amendment of section 23 of the Act of 1848.

10.—The references in section 23 (which relates to rates on fisheries) of the Act of 1848, as amended by subsection (8) of section 13 of the Act of 1925, to the licence duties by the Act of 1848 provided shall be construed as references to the licence duties provided by section 15 of this Act.

PART V. Licences for Fishing for Salmon, Trout and Eels.

Chapter I. Ordinary Fishing Licences.

11 Non-application of this Chapter to special tidal waters.

11.—This Chapter shall not apply to the use in any special tidal waters of a fishing engine for the taking of salmon or trout.

12 Penalty for using unlicensed scheduled engine, other than rod and line.

12.—(1) If any person uses or erects in any fishery district any scheduled engine, for the taking of salmon, trout or eels, in respect of which there is not for the time being in force an ordinary fishing licence authorising the use of that engine in that fishery district, 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 double and not more than treble the ordinary licence duty for the time being payable in respect of an ordinary fishing licence to use that engine.

(2) Where a person is convicted of an offence under this section the engine in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.

(3) This section does not apply to the use of rod and line.

13 Penalty for fishing for or taking salmon with rod and line by unlicensed person.

13.—(1) If—

(a) any person fishes for or takes or kills salmon with rod and line in a fishery district and

(b) such person is not the holder of a salmon rod ordinary licence which is for the time being in force and is available for use in that fishery district,

such person shall be guilty of an offence under this section and shall be liable on summary conviction to a fine of not less than double and not more than treble the ordinary licence duty for the time being payable in respect of a salmon rod (annual) ordinary licence, other than a salmon rod (annual) ordinary licence to which subsection (2) of section 15 of this Act applies.

(2) Where a person is convicted of an offence under this section, the rod and line in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.

14 Provisions in relation to ordinary fishing licences.

14.—(1) Every board of conservators shall, in accordance with the provisions of the Acts and the subsequent subsections of this section, issue fishing licences (in this Act referred to as ordinary fishing licences) in respect of scheduled engines.

(2) (a) A board of conservators shall not issue salmon rod (late season) (district) ordinary licences unless there is for the time being in force an order under paragraph (b) of this subsection authorising that board of conservators to issue licences of that class.