FISHERIES (CONSOLIDATION) ACT, 1959

(ii)he proves that the trout was captured by rod and line at a particular place during a period other than the annual close season for angling for trout at that place, and

(iii)if the capture of the trout was prohibited save in accordance with a licence to fish with rod and line for trout, he proves that the trout was captured by the holder of such a licence, and

(iv)he proves that otherwise the trout was lawfully captured,

the charge against him shall be dismissed.

• (f) Where—

• (i) a person is charged with the offence under this subsection of purchasing or having in his possession or control any salmon or trout unlawfully captured, and

• (ii) he proves that the salmon or trout was purchased by him from the holder of a licence (whether original or renewed) for the sale of salmon and trout issued under subsection (1) of section 159 and in force at the date of purchase and was so purchased at a place specified in the licence,

the charge against that person shall be dismissed.

• (3) If any person in a certificate signed by him and delivered to a common carrier under subparagraph (ii) of paragraph (c) of subsection (2) of this section makes any statement which is false, he shall be guilty of an offence under this subsection.

• (4) Every person guilty of an offence under subsection (1), (2) or (3) of this section shall be liable on summary conviction thereof to a fine not exceeding twenty five pounds, together with an additional fine not exceeding two pounds for each salmon or trout in respect of which the offence was committed or, at the discretion of the Court, to imprisonment for any term not exceeding six months.

• (5) Where a person is convicted of an offence under subsection (1) or (2) of this section, any salmon or trout in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.

183 Marking of packages containing salmon or trout.

183.—(1) Every package containing salmon or trout in course of transit in the State shall be marked conspicuously on the outside with the words “salmon and trout”, or the word “salmon” or the word “trout”, as the case may require, and shall also have marked thereon or on a label affixed thereto the name and address of the consignor.

• (2) Every person who sends or consigns for transit in the State any package containing salmon or trout which is not marked in the manner required by this section shall be guilty of an offence under this section.

• (3) Every person who carries for reward by land in the State or by sea from any port in the State any package containing salmon or trout which is not marked in the manner required by this section shall be guilty of an offence under this section unless he proves that he did not know and could not reasonably have known that such package contained salmon or trout.

• (4) Every person guilty of an offence under this section shall be liable on summary conviction thereof in the case of a first offence to a fine not exceding ten pounds and in the case of a second or any subsequent offence to a fine not exceeding twenty-five pounds or, at the discretion of the Court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.

• (5) For the purpose of this section a package shall be deemed to be in course of transit in the State when the same is being carried by any means whatsoever from any premises or place in the State to any other premises or place within or outside the State or is in any place, public or private, in the course of or for the purpose of such carriage.

PART XII. Transfer To the Minister of Certain Fisheries and Provisions in Relation to Fisheries so Transferred.

Chapter I. Definitions and Evidence of Existence of Several Fisheries in Tidal Waters.

184 Definitions for purposes of Part XII.

184.—(1) In this Part—

the expression “fixed engine (tidal waters) fishery” means a fishery for salmon, trout or eels carried on in tidal waters by means of a fixed engine in respect of which a certificate has been issued under section 6 of the Salmon Fishery (Ireland) Act, 1863, and all other rights of fishing for salmon, trout and eels in or on the site of such fishery;

the expression “weir (tidal waters) fishery” means a fishery for salmon, trout or eels carried on in tidal waters by means of a fishing weir, and the structure of such weir and all other rights of fishing for salmon, trout and eels in or on the site of such fishery;

the expression “weir (fresh water) fishery” means a fishery for salmon, trout or eels carried on in fresh water by means of a fishing weir, and the structure of such weir and the land on which such weir is erected and all other rights of fishing for salmon, trout and eels in or on the site of such fishery;

the expression “mill-dam fishery” means a fishery carried on by means of so much of a fishing mill-dam as is used for the purpose of catching or facilitating the catching of fish and so much of the structure of such fishing mill-dam as is used for that purpose, and all other rights of fishing for salmon, trout and eels in or on the site of such fishery;

the expression “transferable fishery” means any fishery which is—

• (a) a several fishery in tidal waters (other than a fixed engine (tidal waters) fishery or a weir (tidal waters) fishery), and all rights of fishing for salmon, trout and eels in or at the site of such fishery, or

• (b) a fixed engine (tidal waters) fishery, or

• (c) a weir (tidal waters) fishery, or

• (d) a weir (fresh water) fishery, or

• (e) a mill-dam fishery,

but does not include—

• (i) any fishery vested in the Minister, or

• (ii) any fishery vested in the Electricity Supply Board, or

• (iii) any fishery vested in the Irish Land Commission, or

• (iv) any fishery vested in the Commissioners of Public Works in Ireland;

the expression “vested fishery” means a fishery which is either—

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

• (b) transferred to the Minister under Chapter III of this Part.

• (2) Where the right to fish with rod and line or by any other means in any portion of a river or lake contiguous to a transferable fishery, which is a weir (fresh water) fishery or a mill-dam fishery, is in the same ownership as such transferable fishery, such transferable fishery shall, for the purposes of this Part, be deemed to include such right and also, in case such right exists by virtue of the ownership of the bed and soil of such portion of such river or lake, the bed and soil of such portion of such river or lake.

185 Evidence of existence of several fisheries in tidal waters.

185.—(1) Where—

• (a) a fishery in the tidal waters or part of the tidal waters of any river or estuary was, for a period of not less than sixty years ending on the 31st day of December, 1932, included as a rateable hereditament in the Valuation List prepared pursuant to the Valuation Acts, and

• (b) an order is made, under subsection (1) of section 186 appointing a day to be the appointed day in respect of the fishery district in which the tidal waters of such river or estuary or such part of the tidal waters of such river or estuary are situate, then, unless it had been judicially determined before the 1st day of January, 1939, by a court of competent jurisdiction that a several or exclusive fishery did not exist in the tidal waters of such river or estuary or such part of the tidal waters of such river or estuary, it shall, as on and from the day so appointed, by virtue of this subsection be deemed for all purposes that a several or exclusive fishery exists in the tidal waters of such river or estuary or in such part of the tidal waters of such river or estuary.

• (2) Where a fishery in the tidal waters or part of the tidal waters of any river or estuary was, for not less than sixty years ending on the 31st day of December, 1932, included as a rateable hereditament in the Valuation List prepared pursuant to the Valuation Acts, the Commissioner of Valuation may, upon the application of any person and upon payment of such fee as may be fixed by the Minister for Finance, issue to such person a certificate under his hand certifying that such fishery was so included, and any certificate issued under this subsection shall be conclusive evidence for all purposes of the matters certified therein.

• (3) The following provisions shall have effect in relation to all fees payable under this section:—

• (a) such fees shall be collected and taken in such manner as the Minister for Finance shall from time to time direct and shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the said Minister;

• (b) the Public Offices Fees Act, 1879, shall not apply in respect of such fees.

Chapter II. Transfer to the Minister of Transferable Fisheries.

186 Transition period in respect of transferable fisheries.

186.—(1) The Minister may by order appoint a day to be the appointed day in respect of any fishery district for the purposes of this Part, and in this Part the expression “the appointed day” means in relation to a fishery district the day so appointed to be the appointed day in respect of such district.

• (2) Where an order has been made, under subsection (1) of this section, appointing a day to be the appointed day in respect of a fishery district, then for the purposes of this Part, the transition period for each transferable fishery situate in such district shall be the period commencing on the appointed day in respect of such district and ending on the day immediately preceding the tenth anniversary of the appointed day or, if an order in relation to such fishery has been made under subsection (3) or subsection (4) or subsection (5) of this section, the day appointed by such last-mentioned order as the day on which the transition period in respect of such fishery is to end, and the expression “the transition period” when used in this Part in relation to any transferable fishery shall be construed and have effect accordingly.

• (3) Where at any time after the completion of the survey record of a transferable fishery but not earlier than thirty-six months after the commencement of the transition period in respect of such fishery, the owner of such fishery makes to the Minister, not less than six months before the last day of the next ensuing annual close season for angling for salmon and trout in the river or the portion thereof in which such fishery is situate or the last day of the next ensuing annual close season for salmon and trout in such river or portion thereof, whichever of the said days is the earlier, an application for an order under this subsection, the following provisions shall have effect:—

• (a) the Minister shall, subject to the provisions of this subsection, make in relation to such fishery an order appointing such day (being earlier than the day immediately preceding the tenth anniversary of the appointed day in respect of the fishery district in which such fishery is situate, but not being earlier than three months after the making of such application) as the Minister thinks proper as the day on which the transition period in respect of such fishery shall end,

• (b) the Minister may refuse to make such order if such owner is in his opinion in default in any matter under this Part,

• (c) where such fishery is in the occupation of any person under a lease and such lease will not expire before the tenth anniversary of the date of the commencement of such transition period or has still not less than two years unexpired at the date of the application, the Minister shall not make such order unless such person consents to the making thereof.

• (4) At any time after the completion of the survey record of a transferable fishery, but not earlier than thirty-six months after the commencement of the transition period in respect of such fishery, the Minister if he thinks fit may, not less than six months before the last day of the next ensuing annual close season for angling for salmon and trout in the river or portion thereof in which such fishery is situate or the last day of the next ensuing annual close season for salmon and trout in such river or portion, whichever of the said days is the earlier, make in relation to such fishery an order appointing such day (being earlier than the day immediately preceding the tenth anniversary of the appointed day in respect of the fishery district in which such fishery is situate, but not being earlier than three months after the making of such order) as the Minister thinks proper as the day on which the transition period in respect of such fishery shall end.

• (5) At any time after the commencement of the transition period in respect of a transferable fishery, the Minister may make in relation to such fishery an order appointing such day (being later than the day immediately preceding the tenth anniversary of the appointed day in respect of the fishery district in which such fishery is situate) as he thinks proper as the day on which the transition period in respect of such fishery shall end.

• (6) Every order made under this section shall be published in the Iris Oifigiúil as soon as may be after it is made.

• (7) A copy of every order made under subsection (1) of this section in relation to any fishery district shall be served on the owner of every transferable fishery situate in such district.

• (8) A copy of every order made in relation to a transferable fishery under subsection (3), subsection (4) or subsection (5) of this section shall be served on the owner of such fishery.

187 Right of access to transferable fisheries.

187.—(1) At any time after the appointed day in respect of a fishery district, any authorised person shall have a right of free access at all times to any transferable fishery situate in such district for the purpose of examining any structures connected therewith or of viewing the operation of such fishery or the disposal of fish.

• (2) If any person obstructs any authorised person in the exercise of the powers conferred on such authorised person by 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 twenty pounds.

• (3) In this section the expression “authorised person” means a person authorised by the Minister to exercise the powers conferred on an authorised person by this section.

188 Survey records of transferable fisheries.

188.—(1) At any time after the commencement of the transition period in respect of a transferable fishery, the Minister may, in accordance with this section, cause a survey to be made of such fishery, and a record to be prepared of the following matters in relation to such fishery:—

• (a) the situation thereof;

• (b) the condition thereof;

• (c) all weirs or other structures existing thereon;

• (d) all lands and premises lawfully used in connection therewith;

• (e) all means of access thereto;

• (f) all means and methods of operating it;

• (g) all fishing gear used in connection therewith.

• (2) The following provisions shall have effect in relation to the survey and record of a transferable fishery:—

• (a) the Minister shall appoint a fit and proper person (in this subsection referred to as the engineer) to make a survey of such fishery, and such survey may, in case such fishery is a mill-dam fishery, include a survey of the whole dam and any adjoining structures, so far as may be necessary for determining the condition of the dam, and the measurement of the flow of water in any river, lake or watercourse connected with such dam;

• (b) upon completion of such survey the engineer shall prepare and sign a report of such survey in the form of plans (including sections where necessary) and descriptive schedules and submit such report to the Minister;

• (c) the Minister shall cause a copy of such report to be served on the owner and on the occupier of such fishery;

• (d) such owner or occupier may, within forty-eight days after the service of such copy, send to the Minister a statement in writing objecting to such report and specifying the grounds of his objection;

• (e) if no objection is sent to the Minister within the said forty-eight days or if any such objection is so sent but is subsequently withdrawn, the Minister shall cause an instrument to be prepared in the terms of such report and shall cause such instrument to be sealed with his official seal and such instrument shall, for the purposes of this Part, be the survey record of such fishery;

• (f) if an objection is sent to the Minister within the said forty-eight days and such objection is not subsequently withdrawn, the following provisions shall have effect:—

• (i) the Minister may, with the consent of the person making the objection, amend such report, and in that case, the Minister shall cause an instrument to be prepared in the terms of such report, as so amended, and shall cause such instrument to be sealed with his official seal and such instrument shall, for the purposes of this Part, be the survey record of such fishery;

• (ii) if the Minister does not, with the consent of the person making the objection, amend such report, then—

• (I) the Minister shall refer the matter to the President of the Institute of Civil Engineers in Ireland or some person appointed by the said President, who may, after investigating the matter, either as he thinks fit, confirm or amend such report, and thereupon the Minister shall cause an instrument to be prepared in the terms of such report with such amendments (if any) thereon as may have been made thereon under this clause and cause such instrument to be sealed with his official seal, and such instrument shall, for the purposes of this Part, be the survey record of such fishery, and

• (II) there shall be paid to the person investigating the matter such fee as the Minister, with the consent of the Minister for Finance, may fix, and there shall, in case such report is wholly or mainly confirmed, be paid to the Minister by the person making the objection a sum equal to the said fee, and such sum shall be recoverable by the Minister as a simple contract debt in any court of competent jurisdiction and when paid to, or recovered by, the Minister shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.

• (3) Where, during the transition period in respect of any transferable fishery, any alteration is made, with the consent of the Minister, in the situation, construction or condition of such fishery, after the making of the survey record of such fishery, the Minister shall cause particulars of such alteration to be entered in such survey record and such survey record shall have effect subject to such alteration as so entered.

• (4) For the purposes of this Act the survey record of any transferable fishery shall be conclusive evidence in any proceedings of the situation, construction and condition of such fishery.

• (5) For the purpose of making a survey of a transferable fishery under this section, the person (in this subsection referred to as the engineer) appointed by the Minister under this section to make such survey and any persons acting under the directions of the engineer may do all or any of the following things:—

• (a) enter on such fishery and any land which it may be necessary to survey or which it may be necessary to pass through for the purposes of such survey;

• (b) cut or cause to be cut any bushes or other vegetation and remove or cause to be removed any other obstructions (except permanent buildings) which may interfere with such survey;

• (c) erect or construct or make any permanent or temporary marks which may be required to enable such survey to be checked or compared with the site at a later date;

• (d) require any person (being the owner or occupier of such fishery or an employee of such owner or occupier) to supply any information which the engineer or the persons so acting under his directions may reasonably require for the purposes of such survey;

• (e) do any other act or thing which may be necessary for or incidental to the doing of anything which the engineer or the said persons so acting under his directions are authorised by the foregoing provisions of this subsection to do.

• (6) If any person interferes with a person appointed by the Minister to make a survey under this section or any persons acting under the directions of such last-mentioned person in exercise of the powers conferred on him or them by this section, such first-mentioned person shall be guilty of an offence under this section.

• (7) If any person (being the owner or occupier of a transferable fishery or an employee of such owner or occupier) refuses to give to any person appointed by the Minister to make a survey under this section or any persons acting under the direction of such last-mentioned person, any information which he or they may lawfully demand under this section, the following provisions shall have effect:—

• (a) if such first-mentioned person is the owner or occupier of such fishery, such person shall be guilty of an offence under this section,

• (b) if such first-mentioned person is an employee of the occupier of such fishery, such person and such occupier shall each be guilty of an offence under this section.

• (8) Every person guilty of an offence under this section shall be liable on summary conviction thereof to a fine not exceeding fifty pounds.

• (9) There shall be paid to any person (not being an officer of the Minister) who is appointed either to make a survey under this section or to act under the direction of the person making any such survey such remuneration and such allowances for expenses as the Minister may with the consent of the Minister for Finance determine.

189 Obligation of occupiers of transferable fisheries to furnish accounts to the Minister.

189.—(1) At any time after the commencement of the transition period in respect of a transferable fishery the Minister may serve on the occupier of such fishery a notice requiring such occupier to do the following things:—

• (a) to keep in such form as may be specified in such notice and furnish to the Minister at such times and for such periods falling within the said transition period as may be specified in such notice an account of—

• (i) the costs of operating such fishery (including wages, insurance and marketing costs),

• (ii) all moneys received from the sale of fish taken in such fishery,

• (iii) all moneys received from the letting of fishing rights to anglers and other persons,

• (iv) such other particulars (if any) relevant to the matters mentioned in the preceding paragraphs of this subsection, as the Minister may from time to time direct;

• (b) furnish to the Minister such explanations of any matter contained in any such account as the Minister may from time to time require.

• (2) Where a notice has been served under this section on the occupier of a transferable fishery and such occupier fails or neglects to comply with the requirements of such notice such occupier shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds.

190 Acquisition of portions of rivers or lakes contiguous to certain weir (fresh water) fisheries.

190.—(1) Where the bed and soil of any portion of a river or lake contiguous to a transferable fishery, which is a weir (freshwater) fishery, is not in the same ownership as such fishery, the Minister may, if it appears necessary for the maintenance or operation of such fishery, by order made during the transition period but not later than three months before the expiration of the transition period declare that so much of such bed and soil, not exceeding fifty yards above or below or both above and below such fishery, as the Minister shall specify in such order shall be deemed for the purpose of this Part to be part of such fishery, and upon the making of such order such part of the bed and soil of such river or lake and all right of fishing in such part shall be deemed to form part of such fishery.

• (2) Where the Minister makes an order under this section he shall cause a copy of such order to be served on the owner of the bed and soil of the river or lake to which such order relates.

191 Reservation of angling rights in transferable fisheries.

191.—(1) The owner of the exclusive angling rights in a transferable fishery may, at any time not less than three months before the expiration of the transition period in respect of such fishery, apply to the Minister to make in respect of such fishery an order (in this Part referred to as an angling rights (reservation) order) reserving to him the exclusive angling rights in such fishery and in that case the Minister may make such order and such order shall operate and have effect to reserve such angling rights to such owner.

• (2) Where the Minister makes an angling rights (reservation) order, he shall publish notice of the making of such order in the Iris Oifigiúil.

192 Vesting orders.

192.—(1) Not less than two months before the end of the transition period in respect of a transferable fishery the Minister shall, unless he has already made in respect of such fishery an order under subsection (2) of this section, make an order (in this Part referred to as an ordinary vesting order) vesting as on and from the day next following the expiration of such transition period such fishery in the Minister.

• (2)
• (a) The Minister may, with the consent of the owner of a transferable fishery to which this subsection applies, and whether an appointed day has or has not been fixed in relation to the fishery district in which such fishery is situate, make an order (in this Part referred to as a special vesting order) vesting as on and from a day specified in such order such fishery in the Minister.

• (b) This subsection applies to every transferable fishery in respect of which the person who was the owner thereof on the 1st day of January, 1933, or the successor in title of such person did not, in each fishery year between the said 1st day of January, 1933, and the 31st day of December, 1938, use such fishery.

• (3) An order made under this section in relation to any transferable fishery shall state therein the nature and the area and situation of such fishery and shall have attached thereto a map showing the area and situation of such fishery.

• (4) An order made under this section in relation to a transferable fishery shall operate to transfer to the Minister, as on and from the date specified therein in that behalf, such fishery in fee simple free from incumbrances and from all estates and interests therein, except, in case an angling rights (reservation) order has been made in relation to such fishery, the angling rights reserved thereby, and such first mentioned order shall be conclusive evidence as to the nature and the area of such fishery as stated therein.

• (5) Whenever the Minister makes an order under this section in relation to any fishery, he shall cause notice of the making of such order to be published in the Iris Oifigiúil and shall serve on the owner of such fishery a copy of such notice.

193 Registration of title of the Minister to vested fisheries.

193.—Where any transferable fishery has become vested in the Minister under this Chapter of this Part, the Minister shall, as soon as may be after such vesting, send to the registering authority under the Local Registration of Title (Ireland) Act, 1891, the vesting order made in relation to such fishery and on receipt thereof the said registering authority shall cause the title of the Minister to the ownership of such fishery in fee simple to be registered under the last-mentioned Act.

194 Compensation in respect of transferable fisheries.

194.—(1) Compensation shall be paid by the Minister for every transferable fishery vested in the Minister under this Chapter of this Part to the several persons entitled thereto or having estates or interests therein, and such compensation shall, in default of agreement, be fixed by an official arbitrator under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919.

• (2) The following provisions shall have effect in relation to the fixing of the compensation under this section in respect of a transferable fishery vested in the Minister by the operation of an ordinary vesting order:—

• (a) the arbitrator shall have regard primarily to—

• (i) in case such fishery was used during the transition period, the profits of such fishery during the transition period,

• (ii) in case such fishery was not used during the transition period, the sum which in the opinion of the arbitrator would have been the profits of such fishery if such fishery had been used during the transition period;

• (b) such arbitrator shall also take into account (in addition to evidence submitted by other persons) any evidence submitted by the owner or occupier of the fishery of—

• (i) the profits of such fishery before the commencement of the transition period, or

• (ii) exceptional weather or other conditions affecting the average catch during the transition period, or

• (iii) the extent to which the owner or occupier has been permitted peaceful occupation during the transition period, or

• (iv) any circumstances antecedent to the transition period which may have affected the earning power of the fishery during the transition period;

• (c) such arbitrator may take into account any depreciation of such fishery during the transition period or of the structures or buildings used in connection therewith and described in the survey record of such fishery in so far as the same may be due to causes other than fair wear and tear.

• (3) In assessing the compensation in respect of a transferable fishery vested in the Minister by the operation of a special vesting order, the value of such fishery shall be calculated as at the date on which it was last used.

• (4) Where—

• (a) a transferable fishery which has become vested in the Minister under this Chapter consisted of the exclusive right of catching salmon in the whole of the tidal waters of any river, and

• (b) the proprietor of such fishery had at the vesting date the exclusive right of catching salmon in the whole of such river including all tributary rivers and lakes upon its course, and

• (c) such proprietor was lawfully entitled by virtue of the proviso to section 3 of the Salmon Fishery (Ireland) Act, 1863, to place any bag nets within three miles from the mouth of such river,

the right so to place such bag nets shall be deemed for the purposes of this section to form part of such fishery and shall be taken into account in determining compensation in respect of such fishery under this section.

• (5) Sections 69 to 74 and 76 to 80 of the Lands Clauses Consolidation Act, 1845, shall apply to any compensation payable by the Minister under this section, and for the purposes of such application the Minister shall be deemed to be the promoter of the undertaking.

• (6) No claim for compensation under this section in respect of a transferable fishery shall be considered unless made within twenty-four months after the date on which such fishery was vested in the Minister.

195 Compensation to employees on transferable fisheries.

195.—(1) Whenever a transferable fishery becomes vested in the Minister under this Chapter, every person who proves to the satisfaction of the Minister or the arbitrator appointed to fix compensation in respect of such fishery all the following matters:—

• (a) that, during the whole or substantially the whole of each of the three open fishing seasons (in this subsection referred to as the appointed seasons) next before the date on which such fishery became so vested, he was constantly and regularly employed by the occupier of such fishery in or about the operation or protection of such fishery at a fixed weekly wage or at a wage calculated by reference to the value of the catch, and

• (b) that the remuneration received by him in respect of such employment formed the whole or a substantial part of his livelihood while he was so employed, and

• (c) that his said employment related exclusively to the operation or protection of such fishery, and

• (d) that his said employment has been terminated as the result of the vesting of such fishery, and

• (e) that equivalent alternative occupation is not open to him during the open fishing season,

shall be entitled to be paid by the Minister, in respect of his loss of employment during the open fishing season, compensation of an amount calculated as follows:—

• (i) for each of the appointed seasons, a sum (in this section referred to as the appointed sum) equal to four times the average weekly amount received by such person in respect of such employment during the third of the appointed seasons, and

• (ii) for each open fishing season (if any) previous to the appointed seasons during which all the following conditions were complied with in respect of such person:—

• (I) that during the whole or substantially the whole of such season, he was constantly and regularly employed by such occupier in or about the operation or protection of such fishery at a fixed weekly wage or at a wage calculated by reference to the value of the catch, and

• (II) that the remuneration received by him in respect of such employment formed the whole or a substantial part of his livelihood while he was so employed, and

• (III) that his said employment related exclusively to the operation or protection of such fishery,

a sum equal to the appointed sum,

but subject to the overriding limitation that the amount of such compensation shall not in any case exceed thirteen times the appointed sum.

• (2) Whenever a transferable fishery becomes vested in the Minister under this Chapter, every person who proves to the satisfaction of the Minister or the arbitrator appointed to fix compensation in respect of such fishery all the following matters:—

• (a) that, during the whole of the period (in this subsection referred to as the appointed period) of five years ending on the day next preceding the date on which such fishery became so vested, he was employed on a whole-time or substantially whole-time basis by the occupier of such fishery in a managerial or supervising capacity in connection with the operation of such fishery, and was so employed at a fixed monthly salary, with or without additional remuneration calculated by reference to the value of the catch, and

• (b) that his said employment has been terminated as the result of the vesting of such fishery, and

• (c) that equivalent alternative occupation is not open to him,

shall be entitled to be paid by the Minister, in respect of his loss of employment, compensation of an amount equivalent to whichever is the less of the following:—

• (i) a sum equivalent to the total amount (in this subsection referred to as his annual salary) paid to such person by way of fixed monthly salary during the fifth year of the appointed period, together with one-fifth of the amount (in this subsection referred to as his additional remuneration for the appointed period) paid to him as such additional remuneration (if any) during the appointed period;

• (ii) an amount calculated as follows, namely, for each year of the appointed period and each previous year (if any) during the whole of which he was similarly so employed, a sum equal to one-twelfth of his annual salary, together with one-sixtieth of his additional remuneration (if any) for the appointed period.

196 Apportionment of valuations of transferable fisheries.

196.—(1) Where a transferable fishery forms part of a fishery or right of fishery which is valued as a whole under the Valuation Acts and an appointed day has been fixed in respect of the fishery district in which such transferable fishery is situate, the Minister shall as soon as conveniently may be furnish the appropriate rating authority with particulars of such transferable fishery, and request that separate valuations be made (either by apportionment or revaluation) in respect of such transferable fishery and the residue of the fishery or right of fishery so valued as a whole, and such valuations shall have effect as on and from the date on which such transferable fishery is vested in the Minister.

• (2) Where any transferable fishery forms portion of a connected body of fishing rights or is appurtenant or adjacent to a demesne or private grounds or a private residence and is owned by the person who owns such connected body of fishing rights or such demesne, private grounds or private residence, and an appointed day has been fixed in respect of the fishery district in which such transferable fishery is situate, such person may apply to the appropriate rating authority for such district to have the remaining fishing rights, demesne, private grounds or residence revalued, but such revaluation shall not take effect until the date on which such transferable fishery is vested in the Minister.

197 Provisions in relation to orders.

197.—The validity or effect of any order made by the Minister under this Chapter shall not be affected by any non-compliance with any provision contained in the said Chapter relating to the service of a copy of such order on a particular person or to the publication of such order or notice of the making thereof in the Iris Oifigiúil.

Chapter III. Transfer to the Minister of certain State Fisheries.

198 Transfer of fisheries to the Minister by the Commissioners of Public Works.

198.—(1) The Commissioners of Public Works in Ireland may by order under their seal transfer to the Minister, on such terms and conditions as shall be agreed upon between the said Commissioners and the Minister with the consent of the Minister for Finance, all the estate and interest of the said Commissioners in any fishery or fishing right which is in the possession or occupation of the said Commissioners and also any land, easement, way-leave, water-right or other right which is in the possession or occupation of the said Commissioners and is ancillary to any such fishery or fishing right so transferred.

• (2) An order made under this section shall operate to vest in the Minister, without any further or other conveyance, every fishery and fishing right and all lands, easements, way-leaves, water-rights and other rights purported to be transferred to the Minister by such order.

199 Transfer of fisheries to the Minister by the Irish Land Commission.

199.—(1) The Irish Land Commission may by order under their seal transfer to the Minister, on such terms and conditions as shall be agreed upon between the said Commission and the Minister with the consent of the Minister for Finance, all the estate and interest of the said Commission in any fishery or fishing right which is in the possession or occupation of the said Commission and also any land, easement, way-leave, water-right or other right which is in the possession or occupation of the said Commission and is ancillary to any such fishery or fishing right so transferred.

• (2) An order made under this section shall operate to vest in the Minister, without any further or other conveyance, every fishery and fishing right and all lands, easements, way-leaves, water-rights and other rights purported to be transferred to the Minister by such order.

Chapter IV. Acquisition of Land, etc. by the Minister for Purposes of the Management, Operation and Protection of Vested Fisheries.

200 Acquisition of land, etc. by the Minister.

200.—(1) The Minister may, for the purposes of the management, operation or protection of a vested fishery, do all or any of the following things:—

• (a) acquire (either compulsorily or by agreement) any land or premises (including in case such fishery is a mill-dam fishery, the fishing mill-dam by means of part whereof such fishery is carried on and any mill or other premises connected with or depending on such dam for a supply of water);

• (b) acquire (either compulsorily or by agreement) any easement, way-leave or other right whatsoever over or in respect of any land or premises;

• (c) terminate, restrict or otherwise interfere with (either compulsorily or by agreement) any easement, way-leave or other right whatsoever existing over or in respect of any land or premises.

• (2) Nothing in subsection (1) of this section shall authorise the Minister to acquire compulsorily—

• (a) any land vested in the State or any right over or in respect of such land;

• (b) any enclosed premises, yard, garden or land surrounding a dwellinghouse or any right over or in respect of such premises, yard, garden or land.

• (3) Nothing in subsection (1) of this section shall authorise the Minister to acquire (either compulsorily or by agreement), save with the consent of the Irish Land Commission, any land which is subject to a land purchase annuity or any right over or in respect of such land.

• (4) Where the Minister proposes to acquire (either compulsorily or by agreement) any land or premises held or occupied by a local authority or any body corporate for the purposes of any railway, tramway, dock, canal, water, gas, electricity or other public undertaking, or to acquire or terminate, restrict or otherwise interfere with (either compulsorily or by agreement) any easement, way-leave or other right whatsoever existing over or in respect of any such land or premises, he shall before so doing consult with the Minister for Industry and Commerce.

• (5) The Minister, before conveyance or ascertainment of price or compensation, but subject to serving not less than one month's previous notice in writing on the occupier of the land or premises or the owner of the easement or other property or right affected, may enter on and take possession of any land or premises or exercise any right which the Minister is authorised by this section to acquire compulsorily or may terminate, restrict or otherwise interfere with any easement or other property or right which the Minister is authorised by this section compulsorily to terminate, restrict or interfere with.

• (6) Whenever the Minister under this section enters on and takes possession of any land or premises or exercises any right (as the case may be) before payment of the price or compensation, the Minister shall pay to the occupier of the land or premises or owner of the easement or other right affected (as the case may be) interest, on the amount of such price or compensation when fixed, at the rate of four pounds per cent. per annum, from the date of such entry and taking possession or the exercise of such right (as the case may be) until the date of the conveyance from such occupier or owner to the Minister.

• (7) Whenever the Minister acquires under this section any land which is subject, either alone or in conjunction with other land, to a purchase annuity, payment in lieu of rent or other annual payment (not being merely rent under a contract of tenancy) payable to the Irish Land Commission, the Minister shall become and be liable, as from the date on which the Minister enters on and takes possession of the land so acquired, for the payment to the Irish Land Commission of such purchase annuity, payment in lieu of rent or other annual payment (not being merely rent under a contract of tenancy) or such portion thereof as shall be apportioned by the Irish Land Commission on such land as if such land had been transferred to the Minister by the proprietor thereof on that date.

• (8) A notice under this section may be served on any person by sending such notice by registered post addressed to such person at his usual or last known address or, in the case of a notice to the occupier of any land or premises, at such land or premises.

• (9) A notice under this section to the occupier of any land or premises may be addressed to such occupier by the description “the occupier” without stating his name.

201 Payment and ascertainment of compensation in respect of land, etc.

201.—(1) Compensation shall be paid by the Minister—

• (a) for land and premises compulsorily acquired by the Minister under this Chapter to the several persons entitled thereto or having estates or interests therein, and

• (b) for or in respect of easements, way-leaves and other rights acquired by the Minister under the said Chapter, to the owner thereof or the several persons entitled to or having estates or interests in the land and premises over or in respect of which such rights are so acquired,

and such compensation shall, in default of agreement, be fixed under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919.

• (2) Compensation shall be paid by the Minister, on account of the termination, restriction or other interference under this Chapter of or with any easement, way-leave or other right over or in respect of any land or premises, to the owner of such easement, way-leave or other right, and such compensation shall, in default of agreement, be fixed under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919, in like manner as if such compensation were the price of land compulsorily acquired.

• (3) Sections 69 to 83 of the Lands Clauses Consolidation Act, 1845, shall apply to any compensation payable by the Minister under this section and to the conveyance to the Minister of property, corporeal or incorporeal, acquired by the Minister under this Act, and for the purpose of such application the Minister shall be deemed to be the promoter of the undertaking.

• (4) No claim for compensation under this section in respect of any land, premises or right compulsorily acquired or any right terminated, restricted or otherwise interfered with shall be considered unless made within twenty-four months after the date of such acquisition or termination, restriction or interference.

Chapter V. Operation and Disposal of Vested Fisheries.

202 Operation of vested fisheries by the Minister. Operation of vested fisheries by the Minister.

202.—The Minister may with the consent of the Minister for Finance from time to time operate any vested fishery or part of a vested fishery.

203 Powers of the Minister in operating a vested fishery.

203.—(1) The Minister may, for the purpose of operating a vested fishery, do all such things as he may consider necessary for carrying on such fishery as a commercial undertaking and which he could do if he were a private individual and the owner of such fishery, and without prejudice to the generality of the foregoing provision may do all or any of the following things:—

• (a) buy and sell fish anywhere;

• (b) buy or manufacture any article required in connection with the capture, storage, transport, treatment, purchase or sale of fish;

• (c) carry on any business which is ancillary or incidental to the operation of such fishery;

• (d) enter into contracts;

• (e) employ such and so many persons as he thinks fit;

• (f) purchase fishing licences.

• (2) The remuneration of all persons employed in connection with the operation by the Minister of any vested fishery shall be determined with the consent of the Minister for Finance.

• (3) Neither the Civil Service Commissioners Act, 1956 (No. 45 of 1956), nor the Civil Service Regulation Act, 1956 (No. 46 of 1956) shall apply to any person employed or appointed by the Minister under this section.

204 Sale of land and business.

204.—(1) The Minister may, with the consent of the Minister for Finance, sell any land or premises acquired by him under this Part and also the goodwill and stock in trade and other assets of any business (being a business ancillary or incidental to the operation of a vested fishery) carried on by him under this Chapter at such price as he may think proper.

• (2) Any moneys received on a sale under 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.

205 Financial provisions.

205.—All moneys received by the Minister in respect of the operation of a vested fishery or of any business carried on by him under this Chapter shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.

206 Accounts, audit and report of proceedings.

206.—(1) The Minister shall cause to be kept, in respect of every vested fishery operated by him, a set of accounts in such form, for such periods and including such particulars as the Minister for Finance may direct.

• (2) The accounts to be kept by the Minister in accordance with the provisions of subsection (1) of this section shall, at the end of every accounting period, be transmitted to the Comptroller and Auditor-General, who shall audit, certify and report upon such accounts.

• (3) Upon the completion of an audit under the provisions of this section, the Minister shall cause to be laid before each House of the Oireachtas a copy of the report of the Comptroller and Auditor-General upon the accounts as passed by him, together with a general report by the Minister of his proceedings under this Chapter in relation to the operation of vested fisheries.

207 Leases of Vested Fisheries. Leases of vested fisheries.

207.—(1) If, in the opinion of the Minister, it is in the public interest that a vested fishery or part of a vested fishery should be granted by way of lease to any person, the Minister may, in accordance with this section, demise such fishery or such part of such fishery to such person by way of lease for such term not exceeding twenty years as the Minister shall think proper.

• (2) Every lease made under this section shall be made subject to the payment to the Minister of such moneys, whether by way of fine or other preliminary payment or by way of rent or by both such ways, as the Minister with the consent of the Minister for Finance shall agree upon with the person to whom such lease is made, and all such moneys when received by the Minister shall be paid into or disposed of for the benefit of the Exchequer by the Minister in such manner as the Minister for Finance shall direct.

• (3) Every lease made under this section shall be made subject to and shall contain such covenants, conditions and agreements as the Minister shall think proper and shall agree upon with the person to whom such lease is granted.

208 Returns by lessees.

208.—(1) The person for the time being entitled to the lessee's interest under a lease granted under this Chapter shall furnish to the Minister, in such form as the Minister may direct within twenty-eight days after being required by the Minister so to do, such information as the Minister may require in relation to the fishery the subject of such lease and the working of such fishery.

• (2) If any person, on being required under this section by the Minister to furnish to him any information, fails or refuses to furnish such information or furnishes information which is false or misleading in any material respect or otherwise makes default in complying with this section he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds and in the case of a continuing offence a further fine not exceeding ten pounds for every day during which the offence is continued.

209 Reports by the Minister in relation to leases.

209.—The Minister shall, as soon as may be after every 30th day of June and 31st day of December, after the commencement of this section cause to be laid before each House of the Oireachtas a report containing particulars of every lease for a term exceeding two years made under this Chapter during the six months ending on such 30th day of June and 31st day of December respectively.

210 Non-user of Vested Fisheries. Non-user of vested fisheries.

210.—(1) The Minister may, subject to the consent of the Minister for Finance, from time to time refrain from using any vested fishery which is not for the time being the subject of a lease under this Chapter.

• (2) Where the Minister proposes to refrain from using any vested fishery he shall give notice to the board of conservators within whose fishery district such fishery is situate of his intention to refrain from using such fishery and thereupon such fishery shall, unless and until the Minister makes a lease of such fishery or operates such fishery, be an unused fishery for the purposes of this Part.

211 Provisions in relation to unused fisheries.

211.—The following provisions shall have effect in relation to any unused fishery:—

• (a) in case such fishery is a weir (tidal waters) fishery or a weir (fresh water) fishery—

• (i) the Minister may demolish the weir forming part of such fishery, and thereafter shall not be liable for any effects due to changes in the flow or level of the water to whomsoever caused, save only that any obstruction to the migration of fish which may be caused by the demolition of such weir shall be remedied by him,

• (ii) if the weir is not demolished the Minister shall remain liable for its maintenance in such condition that it does not obstruct the migration of fish or cause any damage or loss of water beyond what was normal while it was being used for the purposes of the fishery;

• (b) in case such fishery is a mill-dam fishery—

• (i) the Minister may demolish or remove any structures incidental to the use of the fishery, but in doing so he shall leave the mill-dam in such a condition that the water supply to the mill shall not be prejudiced and the cost of the maintenance of the mill-dam shall not be increased.

• (ii) if the structures incidental to the use of the fishery are not demolished the Minister shall remain liable for their maintenance in such condition that they do not obstruct the migration of fish or cause any damage or loss of water beyond what was normal while they were being used for the purposes of the fishery;

• (c) in case such fishery is a fixed engine (tidal waters) fishery, the Minister shall remove all stakes or other structures which may constitute a danger to navigation or to the use of lawful nets under common law rights.

212 Re-erection or re-equipment of unused fisheries.

212.—(1) Where a vested fishery which is a weir (tidal waters) fishery or a weir (fresh water) fishery or a mill-dam fishery has become an unused fishery and the Minister has demolished the structure by means of which such fishery was carried on, the Minister may, within five years after the date on which such fishery became an unused fishery, but not later, re-erect it on the same site for fishing in the same place and with the same dimensions and, in the case of a weir (tidal waters) fishery or a weir (fresh water) fishery, the same provision for a free gap (if any) as is shown in the survey record of the fishery.

• (2) Where a vested fishery which is a fixed engine (tidal waters) fishery has become an unused fishery, the Minister may at any time re-erect or re-equip it in accordance with the certificate issued in respect thereof under section 6 of the Salmon Fishery (Ireland) Act, 1863.

Chapter VI. Supplementary Provisions.

213 Right of access to vested fisheries.

213.—(1) Any authorised person shall at all times have a right of free access to any vested fishery and shall be entitled, subject to the provisions of this Act, with boats or vehicles to enter on any watercourse or land for the purpose of operating the fishery, and may remove (subject in the case of the foreshore to the consent of the Minister for Industry and Commerce) any obstruction, natural or otherwise, to his passage.

• (2) If any person obstructs any authorised person in the exercise of the powers conferred on such authorised person by 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 twenty pounds.

• (3) In this section the expression “authorised person” means a person authorised by the Minister to exercise the powers conferred on an authorised person by this section.

• (4) Where the normal access to a transferable fishery vested in the Minister was before such vesting through any enclosed premises, yard, garden or land surrounding or adjacent to a dwelling house, the right of free access conferred by subsection (1) of this section shall not be exercisable by way of such premises, yard, garden or land, save where the same are separate from such dwelling house, and were before such vesting used solely in connection with such fishery.

214 Right of access for exercise of angling rights.

214.—(1) Where a transferable fishery in any water flowing through land surrounding or adjacent to a dwelling house has become vested in the Minister and the angling rights in such water have not been reserved under an angling rights (reservation) order, any person lawfully entitled to fish with rod and line on such water and his paid servants or attendants shall be entitled to pass along the banks of such water for the purpose of such fishing or of going to or returning from such fishing, but for no other purpose.

• (2) This section shall not entitle any person to enter any enclosed yard or garden or any buildings.

215 Liability of Minister for damage by flooding.

215.—No claim shall lie against the Minister for flooding of lands or other consequential damage due to the continued existence of any structure (including a fishing weir and a fishing mill-dam which on the date of vesting formed part of or existed in a fishery vested in the Minister under Chapter II of this Part) unless the Minister shall have increased the height of such structure or shall have closed the openings or gaps therein to an extent to which they could not have been lawfully closed on the said date.

216 Provisions in relation to mill-dam fisheries.

216.—(1) The following provisions shall have effect in relation to any mill-dam fishery vested in the Minister under Chapter II of this Part, and to the fishing mill-dam by means of part of which such fishery is carried on:—

• (a) so long as the Minister makes no alteration, other than repairs to casual defects in those parts of the structure of such dam essential to the carrying on of such fishery, he shall not be liable for any part of the cost of maintaining the mill-dam;

• (b) any authorised person shall have a right of free access to such fishery and such right shall extend if necessary to the mill, power-house or other premises adjacent to or connected with such mill-dam, but if the owner or occupier of such mill, power-house or premises offers to the Minister facilities for other reasonable means of access, the Minister shall accept such facilities in lieu of such first mentioned right of access, and shall carry out such works as may be necessary to render the same effective;

• (c) the Minister may erect such walls, fences or other structures as he thinks necessary for the protection of such fishery against trespass in such situation as he may require, but where any such walls, fences or other structures may interfere with the access of the owner or occupier to such mill-dam, the Minister shall provide such owner or occupier with the necessary means of getting through or over them;

• (d) if the mill, power-house or premises which such mill dam is intended to serve becomes vacant, or if the water impounded by such mill-dam ceases to be used for power purposes, either partly or wholly, the Minister shall nevertheless continue to be entitled to use such fishery, and the provisions of section 117 shall apply.

• (2) If any person obstructs any authorised person in the exercise of the powers conferred on such authorised person by 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 twenty pounds.

• (3) In this section the expression “authorised person” means a person authorised by the Minister to exercise the powers conferred on an authorised person by this section.

217 Restrictions on Minister's powers.

217.—Nothing in this Act shall operate to authorise the Minister—

• (a) to construct or erect on tidal lands (within the meaning of the Foreshore Act, 1933 (No. 12 of 1933)), any work or structure, other than a fixed engine for the capture of salmon, trout or eels lawfully existing, or for which a certificate granted under section 6 of the Salmon Fishery (Ireland) Act, 1863, existed, in the year 1939, without the consent of the Minister for Industry and Commerce or otherwise than in accordance with the terms and conditions of such consent;

• (b) to erect any buildings or structures which may interfere with the amenities of the residence or pleasure grounds of a person who was the owner or occupier of a fishery vested in the Minister under Chapter II of this Part or operate such fishery in such a way as to interfere with such amenities.

218 Fishing licences in vested fisheries operated by the Minister.

218.—Where any vested fishery is being operated by the Minister under this Part all licences for fishing engines used in such fishery shall be taken out in the name of the Minister.

PART XIII. Sea fisheries.

Chapter I. Preliminary.

219 Definitions for purposes of Part XIII.

219.—In this Part—

the expression “the exclusive fishery limits of the State” means that portion of the seas within which Irish citizens have, by international law, the exclusive right of fishing and, where such portion is defined by the terms of any convention, treaty or arrangement for the time feeing in force between the State and any other State, includes, as regards the ships and subjects of that other State, the portion so defined;

the expression “fishing gear” includes any net, trap, line or other apparatus of whatsoever kind used or capable of being used for catching fish, and any rope, warp, pole or other thing of whatsoever kind fastened to or capable of being used with such net, trap, line or other apparatus;

the expression “foreign sea-fishing boat” means a sea-fishing boat which is not an Irish sea-fishing boat;

the expression “Irish sea-fishing boat” means a sea-fishing boat which is either—

• (a) a boat registered in the State under the Merchant Shipping Acts, 1894 to 1947, or

• (b) a boat the owner or, if there is more than one owner the managing owner of which resides or has his principal place of business in the State;

the word “master”, when used in relation to a sea-fishing boat, means the master, skipper or other person for the time being in charge of such boat;

the word “net” means any trawl, seine or other net towed or hauled or intended to be towed or hauled, on or near the bottom of the sea;

the word “sea-fish” means fish of any kind (except salmon and fresh water eels) found in the sea and whether fresh or in other condition and includes crustaceans and molluscs found in the sea;

the expression “sea-fishing” means fishing for or taking sea-fish in tidal waters;

the expression “sea fishing boat” means—

• (a) where it occurs in Chapter II of this Part or in section 232 or in section 233 (so far as that section confers powers on a sea fisheries protection officer for the purposes of enforcing the said Chapter II or any instrument made thereunder)—any ship, boat or other vessel of whatsoever kind used for sea-fishing,

• (b) where it occurs in Chapter III of this Part or in section 233 (so far as that section confers powers on a sea fisheries protection officer for the purposes of enforcing the said Chapter III or any order made thereunder)—any ship, boat or other vessel of whatsoever kind used for sea fishing, and includes any vessel or boat used for the treatment of fish or partly or wholly for the transport of fish.

220 Sea Fisheries Protection Officers.

220.—Each of the following persons shall, for the purposes of this Act, be a sea fisheries protection officer:—

• (a) every officer of the Minister authorised in that behalf by the Minister;

• (b) every member of the Defence Forces (not below the rank of sergeant or the rating of petty officer) for the time being serving on board any ship or vessel belonging to or employed in the service of the State;

• (c) every member of the Garda Síochána;

• (d) every officer of Customs and Excise authorised in that behalf by the Revenue Commissioners;

• (e) every officer of the Minister for Industry and Commerce authorised in that behalf by the Minister.

Chapter II. Provisions applicable to exclusive fishery limits of the State.

221 Restrictions on foreign sea fishing boats entering the exclusive fishery limits of the State.

221.—(1) It shall not be lawful for any foreign sea-fishing boat to enter within the exclusive fishery limits of the State except for—

• (a) a purpose recognised by international law, or

• (b) a purpose recognised by any convention, treaty or arrangement for the time being in force between the State and the country to which such boat belongs, or

• (c) any other lawful purpose.

• (2) If any foreign sea-fishing boat enters within the exclusive fishery limits of the State in contravention of subsection (1) of this section, the master of such boat shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first offence under this section, to a fine not exceeding fifty pounds and, in the case of a second or any subsequent offence under this section, to a fine not exceeding one hundred pounds and (whether the offence is a first offence or not) the Court shall, in case any person on board such boat had fished or attempted to fish while such boat was within such exclusive fishery limits, and may, in any other case, order any fish and fishing gear found on such boat to be forfeited.

222 Provisions in relation to foreign sea-fishing boats lawfully entering the exclusive fishery limits of the State.

222.—(1) If any foreign sea-fishing boat enters within the exclusive fishery limits of the State for—

• (a) a purpose recognised by international law, or

• (b) a purpose recognised by any convention, treaty or arrangement for the time being in force between the State and the country to which such boat belongs, or

• (c) any other lawful purpose,

then—

• (i) such boat shall leave the exclusive fishery limits of the State as soon as the purpose for which such boat so entered has been answered,

• (ii) no person on board such boat shall fish or attempt to fish while such boat is within the exclusive fishery limits of the State,

• (iii) any regulations made under subsection (2) of this section and for the time being in force shall be duly observed.

• (2) The Minister may make regulations in relation to the maintenance of good order amongst foreign sea-fishing boats for the time being within the exclusive fishery limits of the State and the persons on board such boats.

• (3) If there has been, in relation to any foreign sea-fishing boat which has lawfully entered within the exclusive fishery limits of the State or in relation to the persons on board her, a contravention (whether by commission or omission) of subsection (1) of this section, then, the master of such boat shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first offence under this section to a fine not exceeding fifty pounds and, in the case of a second or any subsequent offence under this section to a fine not exceeding one hundred pounds and (whether the offence is a first offence or not) the Court shall, in case any person on board such boat had fished or attempted to fish while such boat was within such exclusive fishery limits, and may, in any other case, order any fish and fishing gear found on such boat to be forfeited.

223 Prohibition of certain methods of trawling within the exclusive fishery limits of the State.

223.—(1) The Minister may from time to time by bye-law prohibit (at the option of the Minister either, as may be specified in such bye-law, absolutely or unless such conditions as the Minister thinks fit to insert in such bye-law are complied with) the use, within the waters of any specified area (being an area within the exclusive fishery limits of the State), in or from either, as may be specified in such bye-law, any boat or any boat of a specified class, of any method of trawling or seining (including fishing by means of any kind of net hauled along the bottom of the sea whether by a moving boat or by any mechanical appliance in an anchored boat), and different bye-laws may be made in respect of different classes of boats and different methods of fishing.

• (2) Every person who acts or attempts to act in contravention of any bye-law made under this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first offence under this section, to a fine not exceeding two hundred pounds, and in the case of a second or any subsequent offence under this section to a fine not exceeding five hundred pounds.

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

• (4) Where—