Fisheries (Consolidation) Act , 1959

PART I. Preliminary and General.

1. Short title.

1.—This Act may be cited as the Fisheries (Consolidation) Act 1959.

2. Commencement.

2.—(1)This Act (except the postponed provisions) shall come into operation on the 1st day of October, 1959.

(2)The postponed provisions shall come into operation on such day (not being earlier than the 1st day of October, 1959) 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)In this section the expression “the postponed provisions” means the following provisions of this Act, namely section 16, subsection (3) of section 24, section 39, section 61, section 72, sections 79 to 84, sections 185 to 191, subsection (1) of section 192, subsection (2) of section 194, sections 195 and 196, sections 198 to 209, sections 216, 218 and 305.

3. Interpretation generally.

3.—(1)In this Act—

F1[references to angling for salmon, trout and coarse fish, or references to angling for any such fish, shall be construed as references to angling with rod and line;]

the expression “the annual close season for angling for salmon” has the meaning assigned to it by subsection (1) of section 137;

the expression “the annual close season for angling for trout” has the meaning assigned to it by subsection (1) of section 138;

the expression “the annual close season for eels” has the meaning assigned to it by section 151;

the expression “the annual close season for pollen” has the meaning assigned to it by section 148;

the expression “the annual close season for salmon and trout” has the meaning assigned to it by section 126;

the expression “bag net” includes a fixed engine of similar construction to a bag net;

the word “bay” includes any harbour or roadstead;

the word “boat” includes barge, cot, curragh or other vessel;

the word “box”, in relation to a fishing weir or a fishing mill dam, includes a crib or cruive;

the expression “close season for oysters” has the meaning assigned to it by subsection (1) of section 271;

F1[the expression“coarse fish”means any freshwater fish or the spawn or fry thereof other than salmon, trout (including rainbow trout and char) or eels or their spawn or fry;]

F2[the expression "coarse fish rod ordinary licence" means an ordinary fishing licence to fish with rod and line for coarse fish;]

F2[the expression "coarse fish rod (annual) ordinary licence" means a coarse fish rod ordinary licence which is valid for a period of one year and is available for use in every fishery district;]

F2[the expression "coarse fish rod (twenty-one day) ordinary licence" means a coarse fish rod ordinary licence which is valid for a period of twenty-one days and is available for use in every fishery district;]

F2[the expression "composite freshwater angling ordinary licence" means an ordinary fishing licence to fish with rod and line for salmon, trout and coarse fish and which is valid for the period of one year and is available for use in every fishery district;]

F3[the expression "consequential disqualification order" has the meaning assigned to it by subsection (2)(b) of section 90, as amended by section 51 of the Fisheries Act 1980;]

the word “dam” means (except in section 115) dam, weir, dyke, sluice, embankment or other structure built or placed in or in connection with any river for or in connection with the sustaining of water for any purpose;

the word “day-time” means the period between sunrise and sunset;

F4[“deleterious matter" means any substance (including any explosive, liquid or gas) the entry or discharge of which into any waters is liable to render those or any other waters poisonous or injurious to fish, spawning grounds or the food of any fish or to injure fish in their value as human food or to impair the usefulness of the bed and soil of any waters as spawning grounds or their capacity to produce the food of fish;]

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

the expression “draft net” includes a seine;

the word “eel” includes the fry and young of eels, commonly called elvers;

the expression “election year” means the year F4[1964]and every F4[fifth] successive year thereafter;

the expression “electoral division” means waters declared by subsection (2) of section 19 to be an electoral division for the purposes of this Act;

the word “estuary” includes any harbour or roadstead;

the word “fish” includes F5[all marine invertebrates,] all crustaceans and molluscs found in the sea, and brood and spawn of fish, and references to a fish shall be construed as including references to part of that fish;

the expression “fish pass” means a channel for the free run or migration of fish in, over or in connection with an obstruction in a river, lake or watercourse and includes a fish ladder or any other contrivance which facilitates the passage of fish;

the expression “fishery district” means an area declared by subsection (1) of section 19 to be a fishery district for the purposes of this Act;

the expression “fishery rate” means a rate—

(a)struck by a board of conservators and confirmed by the Minister under section 55, or

(b)struck by the Minister under the said section;

the expression “fishery year” means the period of twelve months commencing on the 1st day of October in any year;

the expression “fishing engine” means any engine, net or other instrument whatsoever capable of being used for the taking of fish;

the expression “fishing licence”, when used without qualification, means a licence being either—

(a)an ordinary fishing licence, or

(b)a special local licence;

the expression “fishing mill dam” means a dam used or intended to be used partly for the purpose of taking or facilitating the taking of fish and partly for the purpose of sustaining water for milling or other purposes;

the expression “fishing weir” means any erection, structure or obstruction, which—

(a)is fixed to the soil across or partly across a river,

(b)is used solely for the purpose of taking or facilitating the taking of fish,

(c)incorporates one or more openings wherein fish may be taken, and

(d)is not a head weir;

F6[“fixed engine” means any engine, being—

(a) a stake net,

(b) a bag net,

(c) a fixed draft net,

F7[(cc) a fixed long line, or]

(d) a head weir, or

(e) any net, implement, engine or device, fixed to the soil or secured by one or more anchors or by any other means, and used solely for the purpose of taking or facilitating the taking of fish, not being a fishing weir, a fishing mill dam or a drift net;]

the expression “free gap” means a free gap in a fishing weir in accordance with section 107;

F2[the expression "freshwater rod ordinary licence" means a salmon rod ordinary licence, a trout rod ordinary licence, a coarse fish rod ordinary licence or a composite freshwater angling ordinary licence;]

the expression “head weir” means the fixed engine commonly called a head weir or an ebb and flow weir;

the word “heck” means a grating mounted at the upstream end of a box in a fishing weir or fishing mill dam and so constructed as to prevent the passage of fish without obstructing the flow of water;

the word “inscales” means a pair of gratings mounted at the downstream end of a box in a fishing weir or fishing mill dam and converging towards the centre in the upstream direction to form between the upstream ends a vertical gap, the effect of the arrangement being to permit the passage of fish into the box and hinder their escape therefrom;

the expression “lawful fishing engine” means any fishing engine the use of which (except during particular times, in particular places or in a particular manner) is not prohibited by this Act or any bye-law made thereunder;

the expression “licence duty” means—

(a)in relation to an ordinary fishing licence, the licence duty payable for such licence,

(b)in relation to a special local licence, in respect of special tidal waters, the special local licence duty payable for such licence;

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

references to the mouth of a river shall be construed as references to the mouth of that river as defined by an order under section 10;

the expression “non-scheduled engine” means an engine of a kind not specified in the Fourth Schedule to this Act;

the expression “the October close period for angling” means the period commencing on the 13th day of October and ending on the 31st day of that month;

the expression “offence under any provision of this Act” means an offence under any section or subsection of this Act or any instrument made thereunder;

the expression “offence under the repealed enactments” includes an offence against any instrument made under the repealed enactments;

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

the expression “the operative date” means the 1st day of October, 1959;

the expression “ordinary fishing licence” means a fishing licence granted under Chapter I of Part VI;

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

the word “owner” means any person who is in the actual possession or use and enjoyment of any land or fishery (as the case may be);

the expression “oyster fishing licence” means a fishing licence granted under Chapter VI of Part XIV;

the word “prescribed” means prescribed by regulations made by the Minister under this Act;

the expression “the repealed enactments” means the enactments repealed by this Act;

the word “rivers” includes tributaries of rivers and all other streams and watercourses;

the expression “rod and line” means a single rod and line;

the word “salmon” includes all fish of the salmon species, sea trout and the spawn and fry thereof;

the expression “salmon river” means any river frequented by salmon;

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;

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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;

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F1[the expression "salmon rod (twenty-one day) ordinary licence" means a salmon rod ordinary licence which is valid for the period of twenty-one days and is available for use in every fishery district;]

the expression “scheduled engine” means any engine of a kind specified in the Fourth Schedule to this Act;

the expression “scheduled trout waters” means any river or lake or portion thereof declared by an order, made under section 79 and for the time being in force, to be scheduled trout waters for the purposes of this Act;

the expression “sea fisheries protection officer” means a person declared by section 220 to be a sea fisheries protection officer;

F2[the expression "season game fishing rod and line (Foyle Area) licence" means a licence to fish with rod and line for salmon and trout issued in pursuance of regulations made under the Foyle Fisheries Act 1952 (No. 5 of 1952), which is valid for a year;]

the expression “several fishery” means any fishery lawfully enjoyed as such under any title whatsoever, being a good and valid title at law, exclusively of the public by any person, whether in navigable waters or in waters not navigable, and whether the soil covered by such waters be vested in such person or in any other person;

the expression “special local licence” means a licence granted under section 74 in respect of special tidal waters;

the expression “special local licence duty” means the duty payable under section 74 for a special local licence granted in respect of special tidal waters;

the expression “special tidal waters” means any tidal waters in respect of which an order, made under section 7, is for the time being in force;

the expression “stake net” includes a stake weir and any fixed engine of similar construction to a stake net;

F1[the word "trout", when used without any qualification includes—

(a) all fish of the brown trout kind,

(b) rainbow trout and char—

(i) in Part VI,

(ii) in any other provision, when that provision also applies to salmon and coarse fish,

(c) save in Part IX pollen or freshwater herring, and

(d) any spawn or fry of a trout,

but does not include sea trout;]

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F2[the expression "trout rod ordinary licence" means an ordinary fishing licence to fish with rod and line for trout;]

F2[the expression "trout rod (annual) ordinary licence" means a trout rod ordinary licence which is valid for a period of one year and is available for use in every fishery district;]

F2[the expression "trout rod (twenty-one day) ordinary licence" means a trout rod ordinary licence which is valid for a period of twenty-one days and is available for use in every fishery district;]

the expression “unlawful fishing engine” means a fishing engine which is not a lawful fishing engine;

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 expression “vested (Part XII) fishery” means a fishery which is either—

(a)vested in the Minister under Chapter II of Part XII, or

(b)transferred to the Minister under Chapter III of Part XII;

the word “waste” includes all uncultivated or unprofitable lands;

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

the expression “weekly close time” has the meaning assigned to it by section 139.

(2)In this Act—

(a)a reference by number to a Part or section is to the Part or section of this Act bearing that number unless it is indicated that reference to some other Act is intended,

(b)references to any bye-law, order or regulation made under this Act shall be construed as including references to any bye-law, order or regulation deemed by section 10 or section 334 to have been made under this Act.

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

4. Regulations.

4.—(1)The Minister may make regulations in relation to any matter referred to in this Act as prescribed.

(2)Every regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling such regulation is passed by either such House within the next subsequent twenty-one days on which such House has sat after such regulation is so laid before it, such regulation shall be annulled accordingly but without prejudice to the validity of anything previously done under such regulation.

5. Repeals.

5.—The enactments specified in the First Schedule to this Act are hereby repealed to the extent specified in the third column of the said Schedule.

6. Expenses.

6.—All expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

PART II. Miscellaneous Powers and Duties of the Minister.

7. Special tidal waters.

7.—(1)The Minister may, with the concurrence of the Minister for Finance, from time to time by order declare that any particular tidal waters to which this section applies shall be special tidal waters for the purposes of this Act.

(2)Every order made under this section shall specify and define the tidal waters to which it purports to relate and shall be final and conclusive as to the area of such tidal waters notwithstanding any discrepancy between the extent of the tidal waters as so defined and the extent of the tidal waters in which a several fishery was previously enjoyed.

(3)The Minister may, with the concurrence of the Minister for Finance, at any time by order revoke or amend any order previously made under this section.

(4)This section applies to the tidal waters of any particular river or estuary in which, for not less than twenty years before the 1st day of January, 1933, a several fishery was believed to exist and was enjoyed as of right, but in respect of which either—

(a)it was, after the 1st day of January, 1933 (whether before or after the passing of this Act), judicially determined in a court of competent jurisdiction that no several fishery existed in such tidal waters, or

(b)the person, who on the 1st day of January, 1933, exercised as of right the said several fishery in such tidal waters does not nor does any other person claim to have or enjoy as of right a several fishery in such tidal waters.

8. Power of Minister to hold inquiries into fisheries.

8.—(1)The Minister may from time to time cause an inquiry to be held in any fishery district in relation to the fisheries therein or any of them and the best means to be adopted for the regulation, improvement or protection thereof, and for this purpose may appoint an officer of the Minister to hold such inquiry.

(2)The Minister shall cause to be given, in accordance with section 322, notice of the holding of an inquiry under this section.

9. Power of Minister to make bye-laws for the government, management, protection and improvement of fisheries.

9.—F9[…]

10. Definitions of mouths of rivers, boundaries between tidal and freshwater portions of rivers, points of mouths of rivers from which distances are to be measured, etc.

10.—(1)The Minister may from time to time by order—

(a)define, by reference to a map or otherwise, what is to be the boundary of the mouth of any river,

(b)define, by reference to a map or otherwise, what is to be the boundary of the mouth of any tributary river at its entrance into any other river,

(c)define, by reference to a map or otherwise, what is to be the boundary between the tidal and freshwater portions of any river,

(d)define the points of termination of the distances referred to in sections 94 and 103 and illustrate, by map or otherwise, the said points of termination and the space within which it is prohibited by the said section to use or practise certain modes of fishing,

(e)define, by reference to a map or otherwise, the point or points of the mouth of any river from which distances are to be measured under this Act.

(2)Where several streams flow into a common mouth or estuary the Minister may by order declare that the outlets of such streams shall form separate mouths.

(3)The Minister may by order revoke or amend any order made under subsection (1) or (2) of this section.