FISHERIES (CONSOLIDATION) ACT, 1959

47.—A board of conservators shall not in any fishery year incur any expenditure save only such expenditure as is mentioned in the estimate of expenditure for that fishery year as approved of by the Minister under section 46 and such further expenditure (if any) as may be specially sanctioned by the Minister.

48 Accounts of boards of conservators.

48.—The provisions set out in the Third Schedule to this Act shall apply in relation to the accounts of boards of conservators and the audit and auditor thereof.

49 The Salmon Conservancy Fund.

49.—(1) In this section—

“the Act of 1954” means the Salmon Conservancy Fund Act, 1954 (No. 4 of 1954) (repealed by the Act of 1958);

“the Act of 1958” means the Fisheries (Amendment) Act, 1958 (No. 15 of 1958) (repealed by this Act);

“the Fund” means the Salmon Conservancy Fund established by section 5 of the Act of 1954 and continued in existence by subsection (2) of section 8 of the Act of 1958;

“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 68, 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 68, 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 68, 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 68, 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 68, 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 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.

• (13) Any order or regulation made under the Act of 1954 which, by virtue of subsection (14) of section 8 of the Act of 1958, is in force immediately before the operative date, shall, notwithstanding the repeal of the Act of 1958, continue in force and be deemed to have been made under this section.

50 Inquiries in respect of, and dissolution of boards of conservators. Inquiries in respect of boards of conservators.

50.—(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) 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.

• (3) 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.

• (4) Any sum recovered by the Minister under subsection (3) 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.

51 Power to dissolve boards of conservators.

51.—(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 subsection (2) 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 subsection (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 subsection (5) 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.

52 Miscellaneous provisions in relation to boards of conservators. Seal of board of conservators.

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

53 Proceedings of board of conservators.

53.—(1) The board of conservators for a fishery district shall from time to time fix and determine and duly publish notice of the times and places for the ordinary meetings of the board.

• (2) The board of conservators for a fishery district may at any ordinary meeting fix the time and place for holding an ordinary meeting of the board and may hold adjourned meetings.

• (3) Any three members of the board of conservators for a fishery district may from time to time call a special meeting of the board provided—

• (a) that notice of the place and time of each such special meeting, subscribed by three or more members or by the clerk of the board on their requisition on him, shall be inserted at least twice in some two newspapers circulating in the county or counties in which such fishery district is situate, at least ten days before such meeting shall be held, or

• (b) that the clerk of the board shall, on such requisition as aforesaid, give ten days' notice in writing of such meeting to each member of the board.

• (4) At all meetings of a board of conservators three members present shall form a quorum.

• (5) All questions arising at a meeting of a board of conservators shall be decided by a majority of the members present and, in case of an equal division of votes, the chairman of the meeting shall have a second or casting vote.

• (6) The Minister or an officer of the Minister authorised by him may attend any meeting of a board of conservators and advise, consult and confer with the board upon the regulation, management and improvement of the fisheries, and may at all convenient times have access to and peruse, when he shall think fit, the books and accounts kept for the purposes of any fishery district.

54 Protection of salmon spawning in Northern Ireland.

54.—Where part of a river consists of special tidal waters and another part (being a part in which salmon spawn) of such river is situate in Northern Ireland, the board of conservators within whose district such tidal waters are situate may, with the approval of the Minister, enter into such arrangements or agreements as it considers expedient for ensuring the protection of salmon and trout, and their eggs and fry in the part of such river which is situate in Northern Ireland and for the purpose of such arrangements or agreements make payments out of its funds.

PART V. Rates on Fisheries.

55 Rates on fisheries.

55.—(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.

• (2) Every rate struck by a board of conservators under this section shall be subject to confirmation by the Minister who may confirm the same either without modification or with such modification (whether by way of increase or reduction) as he shall think proper.

• (3) If a board of conservators fails to strike on or before the 31st day of December in any fishery year to which this section applies a rate for that fishery year the Minister may, if he thinks fit so to do, strike a rate for the district of such board of conservators for such fishery year and in such case the rate so struck by the Minister shall be levied, collected, and recovered by such board of conservators in like manner in all respects as if such rate had been struck by the board and confirmed by the Minister under this section.

• (4) 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 (3) 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.

• (5) Every rate struck under this section shall be paid by the several persons rated for the same in two moieties on the 1st day of April and the 1st day of August in the fishery year for which the rate is struck, and shall be so paid over and above all or any licence duties paid by such persons under this Act for that or any other fishery year.

• (6) Every person who is liable to be rated under this Act in respect of a fishery shall be exempt from liability for any rate leviable by the council of any county, county borough, or urban district in respect of that fishery for any local financial year commencing before 1st day of April, 1965, and no such council shall levy or collect any rate in respect of such fishery for any such local financial year.

• (7) If the Minister for Local Government certifies that by reason of the exemption conferred by subsection (6) of this section from liability for rates in respect of fisheries, the amount of the rate which but for this subsection would require to be made and levied upon and in any area for the service of a local financial year commencing before the 1st day of April, 1965, by the council of a county, county borough, or urban district has been increased by an amount greater than one penny in the pound, the Minister shall out of moneys to be from time to time provided by the Oireachtas pay to such council before the end of such local financial year an amount equal to the sum which would be produced by a rate upon and in such area equivalent to the amount in the pound by which such increase exceeds one penny in the pound.

• (8) This section applies to every fishery year commencing before the 1st day of October, 1964.

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

56.—Where in any fishery year a board of conservators strike a rate under section 55 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.

57 Amendment of fishery rates.

57.—(1) Where a fishery rate on a fishery has been struck under section 55 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.

58 Liability for fishery rate.

58.—The person liable to pay a fishery rate in respect of a fishery shall be the occupier thereof.

59 Collection and recovery of fishery rate.

59.—(1) Fishery rate payable to a board of conservators shall be collected by such persons as the board may from time to time appoint, adequate security being taken by the board from the persons so appointed for the duly accounting for the rate collected, and the costs of the collection of the rate shall be part of the expenses of the board.

• (2) Fishery rate payable to a board of conservators may be recovered at the suit of the clerk of the board of conservators as a simple contract debt in any court of competent jurisdiction.

• (3) Where any person (in this subsection referred to as the rated person) rated in respect of a fishery for fishery rate fails to pay any moiety of such fishery rate within one month after the date on which such moiety is required by subsection (5) of section 55 to be paid, such moiety shall be recoverable (at the option of the person entitled by law to collect and recover it) 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 provides 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.

60 Payments by Minister in lieu of fishery rate.

60.—(1) No fishery rate shall be payable by the Minister in respect of any vested (Part XII) fishery.

• (2) Subject to the provisions of this section the Minister may, if he so thinks fit, in respect of each vested (Part XII) 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 rateable valuation existing at the date when the fishery rate is made.

• (3) Where a vested (Part XII) fishery is for the time being an unused fishery (within the meaning of Part XII) 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 (Part XII) 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 (Part XII) fishery is leased by the Minister under Part XII, 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 August.

61 Fishery rates on leased fisheries.

61.—(1) Whenever the Minister grants a lease of a fishery under Part XII, 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 section the expression “the appointed amount” means, in relation to a fishery which is the subject of a lease under Part XII, 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 Part XII, 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:—

• (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.

62 Grants to certain boards of conservators.

62.—(1) In every fishery year, the Minister shall, out of moneys provided by the Oireachtas, pay to every board of conservators within whose district there are during that year or part thereof any special tidal waters an amount equal to such percentage of the sum which was on the 1st day of January, 1933, the total rateable valuation of the fisheries in such tidal waters as was fixed for the purpose of the rate leviable for such year on the other fisheries in such district under section 55.

• (2) If the Minister is satisfied that in any fishery year the receipts (including the moneys payable in such year under subsection (1) of this section) of any board of conservators within whose district there are during that year or part thereof any special tidal waters will be insufficient to defray the expenditure to be incurred by such board in such year, he may, with the consent of the Minister for Finance, pay to such board out of moneys provided by the Oireachtas a grant not exceeding the estimated deficit.

63 Suspended provisions as to rates on fisheries.

63.—(1) Subsections (2), (3), (4) and (5) of this section shall not have effect during any fishery year to which section 55 applies by virtue of subsection (8) thereof.

• (2) The occupier of every fishery in a fishery district, which is entered on the Valuation List prepared under the Valuation Acts as a rateable hereditament, shall in each year pay to the board of conservators for that fishery district as an annual rate, in two equal half yearly gales, on the 1st day of February and the 1st day of July in that year, such sum, in addition to the licence duties to be paid for fishing engines used in fishing that fishery, as shall be equal to the amount of the difference between the sums paid by him for such licence duties and the annual sum of ten per cent. on the rateable valuation of that fishery, subject to such reduction of that percentage as may, from time to time, be made by that board of conservators under subsection (3) of this section.

• (3) The board of conservators of a fishery district may, with the approval of the Minister, reduce in respect of that fishery district the percentage specified in subsection (2) of this section, and any such reduction shall have effect on and from the 1st day of January in the then succeeding year.

• (4) A rate payable to a board of conservators under this section may be recovered at the suit of the clerk of the board of conservators as a simple contract debt in any court of competent jurisdiction.

• (5) A rate payable to a board of conservators under this section shall be collected by such persons as the board may from time to time appoint, adequate security being taken by the board from the persons so appointed for the duly accounting for the rate collected, and the costs of the collection of the rate shall be part of the expenses of the board.

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

Chapter I. Ordinary Fishing Licences.

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

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

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

65.—(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.

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

66.—(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 68 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.

67 Provisions in relation to ordinary fishing licences.

67.—(1) Every board of conservators shall, in accordance with 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.

• (b) The Minister may by order (either on his own motion or on the application of the board of conservators) authorise a board of conservators to issue salmon rod (late season) (district) ordinary licences.

• (c) The Minister may at any time by order revoke an order made under paragraph (b) of this subsection.

• (3)
• (a) The periods for which ordinary fishing licences are to be issued shall be—

• (i) in the case of salmon rod ordinary licences—seven days, twenty-one days, one year and a period of six months commencing on a first day of July,

• (ii) in the case of other ordinary fishing licences—one year.

• (b) Salmon rod ordinary licences issuable for seven days shall be called, and are in this Act referred to as, salmon rod (seven day) ordinary licences.

• (c) Salmon rod ordinary licences issuable for twenty-one days shall be called, and are in this Act referred to as, salmon rod (twenty-one day) ordinary licences.

• (d) Salmon rod ordinary licences issuable for a year and available for use in every fishery district shall be called, and are in this Act referred to as, salmon rod (annual) ordinary licences.

• (e) Salmon rod ordinary licences issuable for a year and available for use in the fishery district of the board of conservators by which they were issued and in no other fishery district shall be called, and are in this Act referred to as, salmon rod (annual) (district) ordinary licences.

• (f) Salmon rod ordinary licences issuable for a period of six months commencing on a first day of July and available for use in every fishery district shall be called, and are in this Act referred to as, salmon rod (late season) ordinary licences.

• (g) Salmon rod ordinary licences issuable for a period of six months commencing on a first day of July and available for use in the fishery district of the board of conservators by which they were issued and in no other fishery district shall be called, and are in this Act referred to as, salmon rod (late season) (district) ordinary licences.

• (4)
• (a) A salmon rod (seven day) ordinary licence shall be valid and in force for the period of seven days commencing on the date specified in that behalf in the licence.

• (b) A salmon rod (twenty-one day) ordinary licence shall be valid and in force for the period of twenty-one days commencing on the date specified in that behalf in the licence.

• (c) A salmon rod (late season) ordinary licence or a salmon rod (late season) (district) ordinary licence shall be valid and in force for the period of six months commencing on the date (being a first day of July) specified in that behalf in the licence.

• (d) An ordinary fishing licence (other than a salmon rod (seven day) ordinary licence, a salmon rod (twenty-one day) ordinary licence, a salmon rod (late season) ordinary licence or a salmon rod (late season) (district) ordinary licence) shall be valid and in force for the year specified in that behalf in the licence.

• (5) A separate ordinary fishing licence shall be issued for each separate fishing engine.

• (6) Every ordinary fishing licence issued by the board of conservators for a fishery district shall—

• (a) be in such form as the Minister may from time to time direct,

• (b) state thereon—

• (i) the period for which it is to be valid and in force,

• (ii) the number or name of that fishery district,

• (iii) unless it is a salmon rod (seven day) ordinary licence, or a salmon rod (twenty-one day) ordinary licence, or a salmon rod (late season) ordinary licence, or a salmon rod (late season) (district) ordinary licence or a salmon rod (annual) ordinary licence to which subsection (2) of section 68 applies or a salmon rod (annual) (district) ordinary licence to which subsection (3) of the said section 68 applies—the name of the electoral division (being an electoral division of such fishery district) in which it is issued,

• (iv) the kind of fishing engine to which it relates.

• (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 fishery district, in the electoral division of such fishery district in which such fishery is situate, or

• (b) in any other case—

• (i) if there is only one freshwater electoral division of such fishery district, in such freshwater electoral division, or

• (ii) if there are two or more freshwater electoral divisions of such fishery district, in such one of the said divisions as the applicant may request.

• (8) Where an application is made to a board of conservators for a licence for a fishing engine (being a fixed engine, a box in a fishing weir or a fishing mill dam or an eye, gap or basket for taking eels in or on a fishing weir or a fishing mill dam), such licence shall be issued in the electoral division in which such engine is situate.

• (9) Every ordinary licence issued in respect of an engine for fishing (other than rod and line) shall contain on the face thereof—

• (a) in the case of an engine to be 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 the notice, or

• (b) in every other case, the name and address of the person paying the licence duty on such engine.

• (10) Every ordinary fishing licence shall be sealed with the seal of the board of conservators by which it is issued.

• (11) Each of the following ordinary fishing licences shall be available for use in the fishery district of the board of conservators by which it was issued and in no other fishery district—

• (a) an ordinary fishing licence (not being a salmon rod ordinary licence),

• (b) a salmon rod (annual) (district) ordinary licence,

• (c) a salmon rod (late season) (district) ordinary licence.

• (12) A salmon rod ordinary licence (not being a salmon rod (annual) (district) ordinary licence or a salmon rod (late season) (district) ordinary licence) shall be available for use in every fishery district.

• (13) Every salmon rod ordinary licence shall specify the name and address of the person to whom it is issued and such licence shall not be available for use by any person except the person named therein or be transferred to any other person.

• (14) Every ordinary fishing licence (other than a salmon rod ordinary licence) shall operate to authorise the use, during the period specified therein and in the fishery district specified therein, of a fishing engine of the kind specified therein, but subject to the provisions of this Act and any instrument made thereunder.

• (15) Every salmon rod ordinary licence (not being a salmon rod (annual) (district) ordinary licence or a salmon rod (late season) (district) ordinary licence) shall operate to authorise the person named therein, but no other person, to use, during the period specified therein and in every fishery district, a salmon rod, but subject to the provisions of this Act and any instrument made thereunder.

• (16) Every salmon rod ordinary licence (being a salmon rod (annual) (district) ordinary licence or a salmon rod (late season) (district) ordinary licence) shall operate to authorise the person named therein, but no other person, to use, during the period specified therein and in the fishery district of the board of conservators by which it was issued, a salmon rod, but subject to the provisions of this Act and any instrument made thereunder.

• (17) An ordinary fishing licence shall not be construed as giving or conferring any right of fishing or of using any engine for taking fish by any means or in any place which the person having or using the licence would not have possessed if this Act had not been passed or as altering or affecting the rights of any other person.

68 Duties on ordinary fishing licences.

68.—(1) (a) Subject to paragraphs (b) and (c) of this subsection, the ordinary licence duty in respect of a salmon rod ordinary licence of the class specified in column (2), (3), (4), (5), (6) or (7) of Part I of the Fourth Schedule to this Act shall be the sum set out in whichever of those columns relates to a salmon rod ordinary licence of that class.

• (b) The Minister may, from time to time, by order alter the ordinary licence duty in respect of a salmon rod ordinary licence of a particular class specified in Part I of the Fourth Schedule to this Act, so however that the ordinary licence duty in respect of such a licence shall not be so altered that it exceeds twice the sum fixed in respect thereof by paragraph (a) of this subsection.

• (c) This subsection does not apply to the ordinary licence duty payable in respect of—

• (i) a salmon rod (annual) ordinary licence to which subsection (2) of this section applies, or

• (ii) a salmon rod (annual) (district) ordinary licence to which subsection (3) of this section applies.

• (2)
• (a) This subsection applies to a salmon rod (annual) ordinary licence which is 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.

• (b) Subject to paragraph (c) of this subsection the ordinary licence duty payable in respect of a salmon rod (annual) ordinary licence to which this subsection applies shall be ten shillings.

• (c) Wherever the Minister makes, under paragraph (b) of subsection (1) of this section, an order altering the ordinary licence duty in respect of a salmon rod (annual) ordinary licence, he may by order alter the annual licence duty payable in respect of a salmon rod (annual) ordinary licence to which this subsection applies.

• (3)
• (a) This subsection applies to a salmon rod (annual) (district) ordinary licence which is 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.

• (b) Subject to paragraph (c) of this subsection the ordinary licence duty payable in respect of a salmon rod (annual) (district) ordinary licence to which this subsection applies shall be ten shillings.

• (c) Whenever the Minister makes, under paragraph (b) of subsection (1) of this section, an order altering the ordinary licence duty in respect of a salmon rod (annual) (district) ordinary licence, he may by order alter the annual licence duty payable in respect of a salmon rod (annual) (district) ordinary licence to which this subsection applies.

• (4)
• (a) Subject to paragraph (b) of this subsection, the ordinary licence duty in respect of an ordinary fishing licence authorising the use of a fishing engine of a kind specified in column (2) of Part II of the Fourth Schedule to this Act at any reference number shall be the sum set out in column (3) of the said Part II at that reference number.

• (b) The Minister may, from time to time, by order alter the ordinary licence duty in respect of an ordinary fishing licence authorising the use of a fishing engine of a kind specified in column (2) of Part II of the Fourth Schedule to this Act at any reference number, so however that the said ordinary licence duty shall not be so altered that it exceeds twice the sum specified in column (3) of the said Part II at that reference number.

• (5) Where the licence duty in respect of a licence to use an engine (not being a scheduled engine) has been fixed under section 69 in respect of a particular fishery district, then, as respects such fishery district, the following provisions shall have effect—

• (a) such engine shall for the purposes of this Act become and be a scheduled engine,

• (b) the ordinary licence duty payable in respect of a licence to use such engine shall, subject to paragraph (c) of this subsection, be that so fixed under the said section 69,

• (c) the Minister may, from time to time, by order alter the ordinary licence duty in respect of a licence to use such engine, so however that the ordinary licence duty in respect of such a licence shall not be so altered that it exceeds twice the sum fixed in respect thereof under the said section 69.

• (6) Where the ordinary licence duty in respect of an ordinary fishing licence is altered under any of the following provisions of this section, namely, paragraph (b) of subsection (1), paragraph (c) of subsection (2), paragraph (c) of subsection (3), paragraph (b) of subsection (4) and paragraph (c) of subsection (5), the duty as so altered shall be payable in respect of any such ordinary fishing licence which is to be valid for a period commencing on or after the 1st day of January next following the making of the order which effected the alteration.

69 Licence duties on engines not specified in Fourth Schedule, and restrictions on user of such engines.

69.—(1) Where a person proposes to use in any fishery district an engine (not being a scheduled engine), for fishing for salmon, trout, or eels, in respect of which no ordinary licence duty has been fixed under this section by the board of conservators for such fishery district, such person may apply in accordance with this section, to the said board of conservators to fix the ordinary licence duty in respect of an ordinary fishing licence to use such engine, and upon receipt of such application the said board of conservators may, with the approval of the Minister, fix such licence duty, regard being had as far as practicable to the estimated catching power of such engine as compared with scheduled engines.

• (2) Every application under this section in relation to an engine shall contain a description of the engine, its estimated catching power as compared with scheduled engines, and the name by which it is to be designated.

• (3) Where the board of conservators for a fishery district fixes, under subsection (1) of this section, the ordinary licence duty in respect of an ordinary fishing licence to use in that fishery district a non-scheduled engine, it shall cause to be published in some newspaper circulating in such fishery district notice of the fixing of such licence duty.

• (4) Where the board of conservators for a fishery district fixes, in pursuance of an application under subsection (1) of this section, the licence duty in respect of a licence to use in that fishery district a non-scheduled engine, the following provisions shall have effect:—

• (a) the applicant or any other person aggrieved by the amount of the licence duty so fixed, may, upon giving, within ten days after publication of notice of the fixing of the licence duty, to the county registrar for the county or county borough wherein the said engine is proposed to be used, and to the said board of conservators notice of intention to do so, appeal against the said amount,

• (b) the said appeal shall be heard by the Judge of the Circuit Court, assigned to the Circuit which includes such county or county borough,

• (c) the said Judge, after hearing the appellant and the said board of conservators, may, as he thinks fit, reduce, confirm or increase the amount of such duty and his decision shall be final,

• (d) the decision on the said appeal shall relate back to the date on which such duty was fixed by the said board of conservators and accordingly—

• (i) if the amount of such duty is reduced on the said appeal, the excess paid shall be refunded by the said board of conservators,

• (ii) if the amount of such duty is increased on the said appeal, the payment already made shall operate by way of discharge pro tanto.

• (5) If any person (other than the Minister) uses in any fishery district any non-scheduled engine, without previously having complied with subsections (1) and (2) of this section and without having deposited with the board of conservators of such fishery district such sum as the board may demand on account of the licence duty thereafter to be fixed in respect of such engine, then 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.

70 Agents for issue of ordinary fishing licences.

70.—(1) The board of conservators for a fishery district may appoint such and so many persons as it thinks fit to be agents of the board for the issue of ordinary fishing licences, and every person so appointed by a board of conservators shall be an authorised agent of that board for that purpose.

• (2) The board of conservators shall take from every person who is an authorised agent of such board adequate security for duly accounting for any licence duty paid to him and for the due performance of his duty, and the cost of any allowance to be made for the issue of licences shall be part of the expenses of such board of conservators.

• (3) Every authorised agent of a board of conservators shall furnish to such board of conservators an account of all licence duties received by him monthly or as often as it may require and shall set out in such account—

• (a) the sums received by him for licences for each particular engine for taking fish, and

• (b) the names and residences of the persons to whom licences were issued, and

• (c) the electoral division for which each such licence was issued.

71 Right to issue of ordinary fishing licences.

71.—Where—

• (a) a person applies to a board of conservators for a fishery district or to an authorised agent of such board of conservators for the issue to him of an ordinary fishing licence to use a specified engine for taking fish, and

• (b) such person tenders to such board of conservators or authorised agent the ordinary licence duty payable in respect of such licence,

such board of conservators or authorised agent shall, subject to the provisions of this Act, issue such licence to that person.

72 Payment by instalments of ordinary licence duties on draft nets and drift nets.

72.—Where—

• (a) not later than the first day of the open season for fishing with engines other than 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 for salmon with a draft net or a drift net, and

• (b) the applicant tenders with his application one moiety of the licence duty payable in respect of such licence,

the following provisions shall have effect—

• (i) 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,

• (ii) 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.

Chapter II. Licences for Fishing in Special Tidal Waters.

73 Penalty for fishing in special tidal waters by unlicensed person.

73.—(1) It shall not be lawful for any person to use in any special tidal waters any kind of fishing engine for the taking of salmon or trout, unless such person is the holder of a special local licence for the time being in force authorising such person to use in such tidal waters a fishing engine of that particular kind.

• (2) If any person uses in contravention of this section in any special tidal waters any fishing engine for the taking of salmon or trout, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to, in case the Minister has authorised the issue of special local licences to use in such tidal waters a fishing engine for the taking of salmon or trout of the kind so used by such persons, a fine not exceeding three times the appropriate special local licence duty in respect of such special local licences and, in any other case, a fine not exceeding fifty pounds.

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

74 Special local licences and licence duty thereon.

74.—(1) The Minister may from time to time by order authorise the board of conservators within whose district special tidal waters are situate to issue licences (in this Act referred to as special local licences) to use in such tidal waters any specific kind of fishing engine (being a fishing engine of a kind in respect of which ordinary licences are issuable) for the taking of salmon or trout, and no special local licence to use in special tidal waters any kind of fishing engine for the taking of salmon or trout shall be issued unless an order has been made under this section authorising the board of conservators within whose district such tidal waters are situate to issue special local licences to use in such tidal waters such kind of fishing engine.

• (2) Whenever the Minister makes an order authorising the issue of special local licences to use in special tidal waters any particular kind of fishing engine for the taking of salmon or trout, he shall by the same order, with the consent of the Minister for Finance, fix the licence duty to be paid in respect of such licences.

• (3) Different licence duties may be fixed under this section in respect of special local licences to use in special tidal waters different kinds of fishing engines for the taking of salmon or trout, and different licence duties may be fixed under this section in respect of different special tidal waters.

• (4) The licence duty to be fixed under this section in respect of special local licences to use a particular kind of fishing engine for taking salmon or trout shall not in any case be less than the licence duty payable under this Act in respect of ordinary licences to use a similar kind of fishing engine.

• (5) Any order under this section may provide that where a special local licence to fish for salmon with rod and line is granted for any year to a person to whom an ordinary licence of a similar kind has been granted for such year, the licence duty payable in respect of such special local licence shall be reduced by such sum as may with the consent of the Minister for Finance be specified in the order.

• (6) The Minister may with the consent of the Minister for Finance make an order under this subsection amending any order previously made by him under this section (including this subsection) so far as such order relates to licence duties.

75 Form and effect of special local licences.

75.—(1) Every special local licence in respect of special tidal waters shall—

• (a) be in such form and contain such particulars as the Minister may direct;

• (b) be sealed with the seal of the board of conservators of the district within which such tidal waters are situate;

• (c) specify the year for which such licence is issued.

• (2) A separate special local licence shall be issued for each separate fishing engine for the taking of salmon or trout.

• (3) Every special local licence in respect of special tidal waters shall be expressed and operate to authorise the person to whom such licence is issued to use in such tidal waters during the year for which such licence is issued a fishing engine of the particular kind specified therein for the taking of salmon or trout, but subject to the provisions of this Act and any instrument made thereunder.

76 Issue of special local licences.

76.—Where a board of conservators is authorised by order of the Minister under this Act to issue special local licences to use in special tidal waters situate in the fishery district of the board any particular kind of fishing engine for the taking of salmon or trout, the board shall, subject to the provisions of this Act, upon application being made to it by any person for the issue of a special local licence to use in such tidal waters a fishing engine of such kind for the taking of salmon or trout and upon payment to it by such person of the appropriate special local licence duty, issue through their clerk to such person such special local licence.

77 Payment of special local licence duty by instalments.

77.—(1) Where a board of conservators is authorised by order of the Minister under this Act to issue special local licences to use, in special tidal waters situate in the fishery district of the board, any particular kind of fishing engine for the taking of salmon or trout, the Minister may, whenever and as often as he thinks fit, by order do the following things:—

• (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 a fishing engine 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 a fishing engine 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 a fishing engine 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 fishing engine for the taking of salmon or trout, and in that case may contain different provisions in relation to each kind of fishing engine 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 subsection).

• (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:—

• (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.

78 Forfeiture of special local licences.

78.—(1) Where the holder of a special local licence is convicted of an offence under the repealed enactments or an offence under any provision of this Act, the Court by whom such person is convicted may, in addition to any other penalty, direct such licence to be forfeited.

• (2) Where a special local licence is directed to be forfeited under this section, such licence shall thereupon cease to be in force.

Chapter III. Licences for Fishing for Trout with Rod and Line in Certain Waters.

79 Scheduled trout waters.

79.—(1) A board of conservators may from time to time by order declare that any river or lake or portion thereof situate in the fishery district of such board shall be scheduled trout waters for the purposes of this Act.

• (2) A board of conservators may by order revoke any order made by it under subsection (1) of this section.

• (3) Every order made under this section shall be in such form and shall be published in such manner as the Minister may direct.

80 Penalty for fishing in scheduled trout waters for trout with rod and line by unlicensed person.

80.—(1) It shall not be lawful for any person to fish for trout with 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) 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) 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, or

• (e) such person is the holder of a salmon rod licence for the time being in force issued by such board of conservators.

• (2) If any person acts in contravention of subsection (1) 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.

81 Kinds of trout rod licences and licence duties thereon.

81.—(1) Trout rod licences shall be of three kinds, namely—

• (a) trout rod (general) licences,

• (b) trout rod (riparian owner) licences, and

• (c) trout rod (juvenile) licences.

• (2) There shall be payable on—

• (a) a trout rod (general) licence, a licence duty of five shillings,

• (b) a trout rod (riparian owner) licence, a licence duty of sixpence,

• (c) a trout rod (juvenile) licence, a licence duty of sixpence.

82 Area of validity of trout rod licences.

82.—(1) A trout rod (general) licence shall be valid throughout the State.

• (2) A trout rod (riparian owner) licence shall be valid only in that portion of scheduled trout waters—

• (a) in which the holder of the licence is entitled to fishing rights, and

• (b) which is contiguous to land occupied by the holder.

• (3) A trout rod (juvenile) licence shall be valid only in the fishery district of the board of conservators by whom it is issued.

83 Right to issue of trout rod licences.

83.—(1) Where—

• (a) a person applies to a board of conservators for a fishery district or to an authorised agent of such board for the issue to him of a trout rod (general) licence and

• (b) such person tenders the sum of five shillings,

such board or agent shall, subject to the provisions of this Act, issue a trout rod (general) licence to that person.

• (2) Where—

• (a) a person applies to a board of conservators within whose fishery district any scheduled trout waters are situate or to an authorised agent for such board for the issue to him of a trout rod (riparian owner) licence, and

• (b) such person satisfies such board or agent that he is the occupier of land contiguous to any portion of such scheduled trout waters and that he is entitled to fishing rights in such scheduled trout waters, and

• (c) such person tenders the sum of sixpence,

such board or agent shall, subject to the provisions of this Act, issue a trout rod (riparian owner) licence to such person.

• (3) Where—

• (a) a person applies to a board of conservators within whose fishery district any particular scheduled trout waters are situate or to an authorised agent for such board for the issue to him of a trout rod (juvenile) licence, and

• (b) such person satisfies such board or agent that he is for the time being under the age of seventeen years, and

• (c) such person tenders the sum of sixpence,

such board or agent shall, subject to the provisions of this Act, issue a trout rod (juvenile) licence to such person.

84 Provisions in relation to trout rod licences.

84.—(1) The following provisions shall apply in respect of trout rod licences:—

• (a) a separate trout rod licence shall be issued for each rod,

• (b) each trout rod licence shall be valid for one year only and that year shall be the year in which it is issued,

• (c) every trout rod licence shall—

• (i) be prepared and printed in such form as the Minister may direct,

• (ii) have printed thereon the period for which it is available and such other particulars as the Minister may direct,

• (iii) be sealed with the seal of the board of conservators within whose fishery district it is issued,

• (d) each trout rod licence shall specify the name and address of the person to whom it is issued and shall not be transferred to any other person.

• (2) A trout rod licence shall not be construed as giving or conferring on the holder thereof any right of fishing in any place which the person holding or using the licence would not have possessed if this Act had not been passed or as altering or affecting the rights of any other person.

Chapter IV. Restrictions on Issue of Fishing Licences.

85 Prohibition of issue of ordinary fishing licences in respect of special tidal waters.

85.—No ordinary fishing licence shall be issued in respect of any special tidal waters.

86 Prohibition of issue of licences for snap nets in the tidal portion of the River Shannon.

86.—No ordinary licence shall be issued for fishing with a snap net in the tidal portion of the River Shannon.

87 Prohibition of issue of licences for snap nets in tidal portion of rivers (other than the River Shannon) in which the Electricity Supply Board has acquired a fishery or fishing right.

87.—(1) The Minister, if he so thinks fit on the application of the Electricity Supply Board, may by order prohibit the issue of ordinary licences for fishing with a snap net in the tidal portion of any river in which the said Board has acquired a fishery or fishing right under Part III of the Electricity (Supply) (Amendment) Act, 1945 (No. 12 of 1945).

• (2) Whenever the Minister has made an order under subsection (1) of this section, no ordinary licence shall be issued in contravention of such order.

88 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.

88.—(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 repealed enactments or an offence under any provision of this Act, such person shall not be entitled to any preferential right to obtain a licence under this section.

• (5)
• (a) In this subsection—