FISHERIES (CONSOLIDATION) ACT, 1959

• (a) a third or any subsequent offence under this section has been committed on board the same boat, whether the person convicted is or is not the same person on each occasion, and

• (b) such boat is at the time of the commission of such offence owned or part owned by a person who was the owner or part owner of such boat on the occasion of the commission of the previous offences,

the Court may, in addition to any other penalty or penalties under this section, order such boat to be forfeited.

• (5) Any bye-law made under the Steam Trawling (Ireland) Act, 1889, which by virtue of section 46 of the Fisheries (Statute Law Revision) Act, 1949 (No. 27 of 1949), is in force immediately before the operative date, shall, notwithstanding the repeal of the last mentioned Act, continue in force and be deemed to be a bye-law made under this section.

224 Other offences in relation to sea-fishing boats within the exclusive fishery limits of the State.

224.—(1) If—

• (a) any sea-fishing boat to which Part IV of the Merchant Shipping Act, 1894, applies is found within the exclusive fishery limits of the State without having on board the official papers issued in pursuance of the said Act in respect of such boat, or

• (b) any other sea-fishing boat is found within the exclusive fishery limits of the State without having on board official papers evidencing the nationality of such boat,

the master of such boat shall be guilty of an offence under this section and shall be punishable accordingly.

• (2) If any sea-fishing boat to which Part IV of the Merchant Shipping Act, 1894, applies which is not lettered and numbered in accordance with regulations for lettering and numbering sea-fishing boats made under the said Act and applicable to such boat enters within the exclusive fishery limits of the State, the master of such sea-fishing boat shall be guilty of an offence under this section and shall be punishable accordingly.

• (3) If any sea-fishing boat within the exclusive fishery limits of the State fails to observe the provisions, relating to lights to be carried and exhibited, of the regulations for the prevention of collisions at sea made under section 418 of the Merchant Shipping Act, 1894, and applicable to such boat, the master of such boat shall be guilty of an offence under this section and shall be punishable accordingly.

• (4) Where an act or omission constitutes an offence under this section and also under the Merchant Shipping Act, 1894, the offender may be prosecuted and punished under this section or under the Merchant Shipping Act, 1894.

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

Chapter III. Provisions Applicable to Undersized Sea-Fish.

225 Undersized sea-fish.

225.—(1) The Minister may, whenever and so often as he thinks fit, by order declare that any specified kind of sea-fish which, when measured in the manner directed by such order, is less in dimension than the specified measurements, shall be, for the purposes of this Chapter, undersized, and whenever any order is made under this section in relation to any particular kind of sea-fish, then, so long as such order is in force, every sea-fish of that kind which is less in dimension than the specified measurements shall be, for the purposes of this Chapter, undersized.

• (2) An order under this section in relation to sea fish of a particular kind may specify different lengths in relation to such sea-fish which are either whole or have any parts removed.

• (3) An order under this section may relate to different kinds of sea-fish and in that case may contain different provisions in relation to each kind of sea-fish to which the order relates.

226 Restriction on carriage of certain fishing nets on board sea-fishing boats.

226.—(1) The Minister may, whenever and so often as he thinks fit, by order declare it to be unlawful to carry, on board any Irish sea-fishing boat in a specified area or on board any other sea-fishing boat in so much (if any) of that area as is within the exclusive fishery limits of the State, any net for sea-fishing which is not constructed in such manner and has not a mesh of at least such size as may be specified in such order.

• (2) An order under this section—

• (a) may relate to more than one area, and in that case may contain different provisions in respect of each area to which it relates;

• (b) may specify different modes of construction and different minimum sizes of mesh for fishing for different kinds of sea-fish, for different methods of fishing, for fishing in different areas and for fishing during different periods;

• (c) may direct the manner in which the minimum sizes of mesh specified in such order are to be measured for the purposes of such order;

• (d) may, in the case of any class of nets, specify different minimum sizes for the mesh of the nets when dry or wet and before or after treatment with preservatives.

• (3) If, whenever an order under this section is in force, any net is carried on board any sea-fishing boat in contravention of such order, each of the following persons, namely, the master, the owner and the charterer (if any) of such boat, shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds.

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

227 Restriction on carriage of devices for obstructing meshes of net.

227.—(1) It shall not be lawful to carry, on board any Irish sea-fishing boat anywhere or on board any other sea-fishing boat within the exclusive fishery limits of the State, any device by means of which the mesh of any part of a net then carried on board such boat could be obstructed or otherwise in effect diminished.

• (2) If any device is carried on board a sea-fishing boat in contravention of this section, each of the following: persons, namely, the master, the owner and the charterer (if any) of such boat, shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds.

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

228 Prohibition on having in possession for sale on board sea-fishing boats undersized sea-fish.

228.—(1) It shall not be lawful to have in possession for the purposes of sale, on board any Irish sea-fishing boat anywhere or on board any other sea-fishing boat within the exclusive fishery limits of the State, any undersized sea-fish.

• (2) If there is a contravention on board any sea-fishing boat of this section, each of the following persons, namely, the master, the owner and the charterer (if any) of such boat shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds.

• (3) Where a person is convicted of an offence under this section the Court shall order the sea-fish, the possession whereof constituted such offence, to be destroyed unless such sea-fish have been previously destroyed.

• (4) In any proceedings under this section the possession of any sea-fish on board a sea-fishing boat shall be prima facie evidence of possession of such sea-fish for the purposes of sale.

229 Prohibition on landing, selling, etc. undersized sea-fish.

229.—(1) It shall not be lawful for any person to land, sell, expose for sale or have in possession for the purposes of sale any undersized sea-fish.

• (2) If any person acts in contravention 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 fifty pounds.

• (3) Where a person is convicted of an offence under this section, the Court shall order the sea-fish, the possession whereof constituted such offence, to be destroyed unless such sea-fish have been previously destroyed.

• (4) For the purposes of any proceedings under this section—

• (a) the possession of sea-fish by any person in any market or shop or by any licensed hawker anywhere shall be prima facie evidence of possession for the purposes of sale;

• (b) any sea-fish found in the possession of any person on or near the sea coast shall, in the absence of evidence to the contrary, be deemed to have been landed by such person.

230 Provisions in relation to orders.

230.—(1) The Minister may by order revoke or amend any order made by him under this Chapter.

• (2) Every order made by the Minister under this Chapter shall—

• (a) be published in the Iris Oifigiúil as soon as may be after it is made, and

• (b) specify the date (not being earlier than fourteen days after the publication thereof in the Iris Oifigiúil) on which such order is to come into force.

231 Powers of inspection, examination and detention of sea fish, etc.

231.—(1) Every sea fisheries protection officer is hereby authorised and empowered to do all or any of the following things, that is to say:—

• (a) to stop and search any person conveying or believed to be conveying sea-fish of any kind and to inspect any sea-fish which such person is found to be conveying and for that purpose to open and search any vehicle or package in which such sea-fish is or may be or is believed to be conveyed;

• (b) at all reasonable times to enter upon and have free access to the interior of—

• (i) any premises in which fish is or is believed to be sold, or kept, exposed, or stored for sale, or

• (ii) the premises of any person engaged in the business of carrying goods for reward, or

• (iii) any pier, quay, wharf, jetty, dock or dock premises, or

• (iv) any ship, boat, railway wagon, lorry, cart, or other vessel or vehicle used for the conveyance of goods;

• (c) to examine all sea-fish found in any place which he is authorised by this section to enter and for that purpose to open any package found in such place and containing or believed to contain sea-fish;

• (d) to stop, enter, and search, on any part of the sea or the shores thereof, any boat used or believed to be used for fishing or containing or suspected of containing undersized sea-fish, and to examine all fish and all nets and other instruments used in fishing found therein, and for that purpose to open any package which contains or is suspected of containing any fish, nets, or other instruments as aforesaid;

• (e) to take, remove, and detain in his custody any sea-fish (either together with or without any package in which the same may be contained) found in the course of the exercise of any of the powers conferred by this section in respect of which an offence under this Chapter is being or is suspected of being committed;

• (f) to take, remove, and detain in his custody any net or other instrument used in fishing or any article which is liable or is believed to be liable to forfeiture under this Chapter;

• (g) to demand and take the name and address of the person having custody of any sea-fish or other article which he is authorised under this section to examine, and also to demand and take from such person the name and address of the owner of such sea-fish or other article.

• (2) When a sea fisheries protection officer detains in his custody under the authority of this section any sea-fish or other article, he shall as soon as conveniently may be take such steps as may be proper to have the person guilty or believed to be guilty of the offence committed or believed to have been committed in relation to such sea-fish or other article dealt with according to law.

• (3) Where a sea fisheries protection officer detains in his custody under the authority of this section any sea-fish and such sea-fish is likely to become unfit for human food before the matter can conveniently be dealt with by any court, he shall produce such sea-fish to a Peace Commissioner, and if authorised so to do by such Peace Commissioner shall destroy such sea-fish.

• (4) A Peace Commissioner to whom any sea-fish is produced in pursuance of this section shall, if he is of opinion that the sea-fish ought in the circumstances to be destroyed, give to the sea fisheries protection officer producing the sea-fish a certificate in writing describing the sea-fish and any marks, peculiarities, or other particulars thereof pointed out to him by such officer and authorising such officer to destroy the sea-fish, which certificate shall be conclusive evidence in every court of all such matters of fact as aforesaid stated therein.

• (5) No person shall be liable for any loss or damage occasioned by or in the course of the exercise of any of the powers conferred on him by this section unless such loss or damage was caused by such person wantonly or maliciously.

• (6) Every person—

• (a) who obstructs or impedes any sea fisheries protection officer in the exercise of any of the powers conferred on such officer by this section, or

• (b) who, when his name and address is lawfully demanded of him by a sea fisheries protection officer under this section, refuses or fails to give his name and address or gives a name or address which is false or misleading, or

• (c) who, when the name and address of any other person is lawfully demanded of him by a sea fisheries protection officer under this section, refuses or fails, knowing such name and address, to give such name or address or gives a name or address which is false or misleading

shall be guilty of an offence under this section and shall be liable on summary conviction thereof, to a fine not exceeding ten pounds, or at the discretion of the court, to imprisonment for any term not exceeding two months.

• (7) If any person whose name and address is lawfully demanded by a sea fisheries protection officer under this section refuses to give his name and address or gives, as his name or address, a name or address which is reasonably believed by such officer to be false or misleading, such officer may, without warrant, arrest such person and, in that case, shall as soon as may be bring him before a District Justice or, where no such Justice is immediately available, a Peace Commissioner, and thereupon such District Justice or Peace Commissioner shall deal with such person according to law.

Chapter IV. Ancillary Provisions Relating to Chapters II and III of Part XIII.

232 Liability of master of boat for offences under Chapter II of Part XIII.

232.—Where any offence under any section contained in Chapter II of this Part has been committed by any person on board a sea-fishing boat, the following provisions shall have effect:—

• (a) the master of such boat shall, if not the actual offender, but without prejudice to the liability of such offender, be deemed to be guilty of such offence and may be proceeded against accordingly;

• (b) where the master of a boat is so charged with having committed such offence it shall be a good defence for him to prove—

• (i) that he used due diligence to prevent the commission of the acts alleged to constitute the offence, and

• (ii) that the acts alleged to constitute such offence were not done by him personally, and

• (iii) that the said acts were done without his consent, connivance or wilful default, and

• (iv) that on being charged with the offence he gave to the person charging him all information in his power with respect to the person who did the said acts.

233 Special powers of sea fisheries protection officers for enforcing Chapters II and III of Part XIII.

233.—(1) Every sea fisheries protection officer may, for the purpose of enforcing Chapter II of this Part or any instrument made thereunder or for the purpose of enforcing Chapter III of this Part or any order made thereunder, do with respect to any sea-fishing boat within the exclusive fishery limits of the State and (subject to the rules of International Law) outside those limits all or any of the following things:—

• (a) he may order such boat to be stopped for the purpose of identification or of allowing him to go on board it;

• (b) he may board such boat;

• (c) he may require the owner, master or crew of such boat, or any of them, to produce any certificates of registry, licences, log-books, papers or other documents relating to such boat, or to the crew, or to any member thereof, which are in the respective possession or control of any of them, the said owner, master and crew, and inspect and take extracts from or copies of any such certificates, licences, log-books, papers or other documents;

• (d) he may require the master of such boat to give an explanation concerning such boat, and the said certificates of registry, licences, log-books, papers or other documents;

• (e) he may search such boat;

• (f) he may demand and take the name and the address of any person on board such boat;

• (g) if he suspects that there has been a contravention by any person on board such boat of the provisions of Chapter II or III of this Part he may without summons, warrant or other process take such boat and all persons on board such boat to the nearest or most convenient port and, pending the taking by him of the steps required by section 234, detain such boat and such persons;

• (h) he may for the purpose of exercising any of the powers conferred on him by any of the foregoing paragraphs of this subsection use such force as he may consider necessary and in particular, if an order given by him to such boat in the manner prescribed by regulations made by the Minister under this section to stop is disobeyed or disregarded, he may, after first causing a gun to be fired as a signal, fire at or into such boat.

• (2) If any person obstructs or impedes any sea fisheries protection officer in the exercise of any of the powers conferred on such officer by this section, or refuses or neglects to comply with any requisition or direction lawfully made or given by such officer or to answer any question lawfully asked by such officer in pursuance 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 fifty pounds or to imprisonment, with or without hard labour, for any term not exceeding three months.

• (3) No action or other legal proceedings whatsoever, whether civil or criminal, shall be instituted in any Court in respect of the doing of anything authorised to be done by a sea fisheries protection officer under this section, whether such thing is done personally by a sea fisheries protection officer or by a person acting under the orders of a sea fisheries protection officer.

• (4) The Minister may make regulations in relation to any thing referred to in this section as prescribed by regulations made by the Minister under this section.

234 Detention of boat and persons pending prosecution.

234.—Where a sea fisheries protection officer has in exercise of the powers conferred on him by section 233 taken any boat and the persons on board such boat to a port he shall, as soon as may be, bring the master of such boat and any other person on board such boat against whom proceedings for any offence under any section contained in Chapter II or III of this Part have been or are about to be instituted before a District Justice or, where no District Justice is immediately available, a Peace Commissioner, and thereupon such District Justice or Peace Commissioner (as the case may be) shall, if he is satisfied that such proceedings have been or are about to be instituted against such master or other person, by order directed to a sea fisheries protection officer or officers require such officer or officers to detain at a specified port in the State such boat and all persons on board such boat until such proceedings have been adjudicated upon by a District Justice, and such boat and persons shall be detained accordingly.

235 Detention of boat pending appeal against conviction of offence under Chapter II or III of Part XIII.

235.—(1) Where a person is convicted by a District Justice of an offence under any section contained in Chapter II or III of this Part and sentenced to pay any fine, and the boat to which such person belongs has been detained under section 234, such District Justice shall, by order directed to a sea fisheries protection officer or officers, require such officer or officers in the event of an appeal being lodged against such conviction, to detain further, pending the determination of such appeal, at a specified port in the State such boat, and such boat shall, subject to the provisions of subsection (2) of this section, be detained accordingly.

• (2) Where an order is made under subsection (1) of this section requiring any boat to be detained pending the determination of an appeal against a conviction a District Justice may, if security, which in the opinion of such District Justice is satisfactory, is given for payment, in the event of such conviction being affirmed on such appeal, of a sum to be fixed by such District Justice sufficient to cover the amount of the fine and costs (if any) awarded on such conviction, the estimated value of forfeitures (if any) and the costs of the prosecutor on such appeal, direct such boat to be released, and such boat shall be released accordingly.

236 Recovery of fine for offence under Chapter II or III of Part XIII and of possession of articles forfeited under the said Chapter II or III.

236.—(1) The following provisions shall have effect in relation to the recovery of a fine for an offence under any section contained in Chapter II or III of this Part and the costs (if any) ordered to be paid by the person convicted of such offence:—

• (a) the Court shall fix a time within which such costs and fine (if any) are to be paid;

• (b) where the boat to which such person belongs is, at the time of the hearing of the proceedings for such offence, detained under this Chapter, the Court shall by order directed to a sea fisheries protection officer or officers require such officer or officers to detain further, until such fine and costs (if any) are paid, at a specified port in the State such boat, and such boat shall be detained accordingly;

• (c) in the event of such fine and costs (if any) not being paid within the said time, such fine and costs (if any) may be recovered by distress and the sale of such boat;

• (d) nothing in the foregoing paragraphs of this subsection shall prevent such fine and costs (if any) being recovered from such person by ordinary process of law.

• (2) Where—

• (a) any article on board a boat is ordered, under Chapter II of this Part, by a court to be forfeited or, as a statutory consequence of conviction by a court, stands, under Chapter II or III of this Part, forfeited, and

• (b) the boat is detained under this Chapter,

the Court may, on the application of the prosecutor, by order directed to a sea fisheries protection officer, authorise such officer to detain such boat until possession has been taken of the article forfeited, and such boat may be detained accordingly.

• (3)
• (a) Where an article on board a boat is forfeited under Chapter II or III of this Part, a sea fisheries protection officer may request the master of such boat to make available such facilities (including the moving of the boat from place to place and the doing of things upon, to or with such boat, its equipment or machinery) as such sea fisheries protection officer may reasonably require for the purpose of enabling him to take possession of the article.

• (b) Where the master of a boat fails or refuses to comply with a request made to him under paragraph (a) of this subsection, he shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds.

• (4) If any person wilfully impedes or obstructs a sea fisheries protection officer while the latter is engaged in taking possession of any article forfeited under Chapter II or III of this Part, that person shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds or, at the discretion of the Court, to imprisonment for any term not exceeding three months.

Chapter V. Other Provisions relating to Sea Fisheries.

237 Penalty for use on the sea coast or within estuary of nets covered with canvas, etc.

237.—(1) If, on the sea coast or within any estuary, any person, except for the purpose of dredging for shell fish, uses any fishing engine, covered with canvas, hide or other material, by which undersized fish may be taken or destroyed, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

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

238 Provisions in relation to herring and other nets.

238.—(1) If, during the daytime, any person—

• (a) sets, either in the sea or in the tideway of any estuary, any net for the catching of herrings or any trammel net, or

• (b) leaves any drag or other net in the water,

such person shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

• (2)
• (a) If any person who has during the period between sunset and sunrise set, either in the sea or in the tideway of any estuary, any such net as is mentioned in subsection (1) of this section does not before sunrise haul up and remove such net, such person shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

• (b) Where a person is charged with an offence under this subsection, it shall be a good defence to prove that he was prevented by sudden storm or stress of weather from hauling up and removing the net in relation to which the offence is charged.

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

• (4) Neither subsection (1) nor subsection (2) of this section shall apply to—

• (a) any fixed engine for the catching of salmon, or

• (b) any seine net, or

• (c) any drift net for the catching of pilchards or fish other than herrings, or

• (d) any net, if and in so far as the use thereof is authorised by bye-laws made under subsection (5) of this section.

• (5) The Minister may make bye-laws authorising the use during the daytime of any net on any part of the coast or the islands lying off such part, where such nets may, in the opinion of the Minister, be used during the daytime without injury to the fisheries.

239 Penalty for use of trawl or trammel nets in contravention of bye-laws.

239.—(1) If any person uses any trawl or trammel net at any season or any place, either in the sea or within the tideway of any estuary, when or where the use of it is prohibited by any bye-law made under this Act, 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.

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

240 Use of beaches, etc. by fishermen for purposes of sea fishing.

240.—(1) All fishermen and persons employed by them may—

• (a) enter upon all such beaches, strands and wastes on or adjoining the seashore or any estuary as may be necessary for the purpose of sea fishing, and

• (b) draw up and spread their nets and land their fish upon such beach, strand or waste.

• (2) If any person resists or forcibly obstructs any other person exercising any right conferred by subsection (1) of this section, such first-mentioned person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

• (3) Subsection (1) of this section shall not be construed as authorising the erection of any fixtures or fixed engines on any beach, strand or waste on or adjoining the seashore, or any estuary.

241 Use by fishermen of land adjoining fishing places.

241.—(1) All watchmen, directors and guiders of fishermen, and all such fishermen themselves, and all such other persons as shall necessarily attend the nets or fishings at the times of fishing for sea-fish may enter any lands (not being an enclosed garden or any tillage land with a crop growing thereon) which lie near or adjoin any fishing place, fit, convenient and necessary to watch and to draw or carry fish on shore and there watch for the said fish and direct and guide the said fishermen who shall be upon the sea and sea coasts for the taking of the said fish.

• (2) If any person resists or forcibly obstructs any other person exercising any right conferred by subsection (1) of this section, such first-mentioned person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

242 Bait beds.

242.—(1) It shall be lawful for the owner or occupier of any land bordering on the sea or any estuary, with the permission of the Minister, or for any person, with the consent of such owner or occupier and with the permission of the Minister, to form a bait bed on the seashore (except on a part thereof which is the site of a public bank or bed resorted to for bait) adjacent to such land.

• (2) Where a bait bed is, in exercise of the power conferred by this section, planted adjacent to any land, then so long as such land remains in the ownership or occupation of the person in whose ownership or occupation it was at the time of such planting, the following provisions shall have effect:—

• (a) the bait bed shall be the private property of the person by whom it was planted (in this subsection referred to as the proprietor), and the proprietor shall have exclusive control over it,

• (b) the planting of the bait bed shall not give any exclusive right or title to the occupancy of the shore except for the purposes of the bait bed,

• (c) subject to paragraph (a) of this subsection the planting of the bait bed shall not affect the free and full exercise of any public rights of fishing or other public rights what soever on or along the shore,

• (d) if any person, without the consent of the proprietor, interferes with the bait bed, or takes away from the bait bed any bait, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

243 Fishing boats and gear, etc. picked up at sea to be delivered at nearest Garda Síochána station.

243.—(1) Any person who finds or picks up at sea any fishing boat, rigging, gear or other appurtenance of fishing boats or any net, buoy, float or fishing implement, shall as soon as possible deliver it up to the member of the Garda Síochána in charge of the nearest Garda Síochána station and such member shall be considered as agent of the receiver of wreck, and shall place it in the custody of the receiver.

• (2) If any person wilfully contravenes subsection (1) of 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.

PART XIV. Oysters.

Chapter I. Definitions.

244 Definitions for purposes of Part XIV.

244.—In this Part—

the word “licensee”, in relation to any oyster bed licence, means the person for the time being entitled to such licence;

the expression “licensed oyster bed” means an oyster bed in respect of which an oyster bed licence is in force;

the word “owner”, in relation to any land, means any person entitled to the possession or receipt of the rents and profits of land for an estate for his own life or for years determinate on his own life or for any greater estate, exclusive of any person entitled to such land by virtue of any lease for lives or years at a rackrent;

the expression “oyster bed licence” means a licence being—

• (a) an oyster bed (1845 Act) licence, or

• (b) an oyster bed (1850 Act) licence, or

• (c) an oyster bed (1866 Act) licence, or

• (d) an oyster bed (1869 Act) licence, or

• (e) an oyster bed (1959 Act) licence;

the expression “oyster bed (1845 Act) licence” means a licence granted under section 17 of the Fisheries (Ireland) Act, 1845;

the expression “oyster bed (1850 Act) licence” means a licence granted under section 41 of the Fisheries (Ireland) Act, 1850;

the expression “oyster bed (1866 Act) licence” means a licence granted under section 4 of the Oyster Fishery (Ireland) Amendment Act, 1866;

the expression “oyster bed (1869 Act) licence” means a licence granted under section 14 of the Fisheries (Ireland) Act, 1869;

the expression “oyster bed (1959 Act) licence” means a licence granted under section 245;

the expression “oyster fishery order” means an order being—

• (a) an oyster fishery (1884 Act) order, or

• (b) an oyster fishery (1959 Act) order;

the expression “oyster fishery (1884 Act) order” means an order made under the Oyster Cultivation (Ireland) Act, 1884;

the expression “oyster fishery (1959 Act) order” means an order made under Chapter III of this Part.

Chapter II. Oyster Bed Licences.

245 Oyster bed licences.

245.—(1) The Minister may, subject to section 11 and to the provisions of this Chapter—

• (a) grant to the owner of any several fishery or the owner of the bed and soil of any estuary, a licence to form or plant an oyster bed within the limits of such several fishery or over such bed and soil above or below the lowest water mark of spring tides,

• (b) grant to the owner or occupier of any land bordering on the sea or any estuary or, with the consent of such occupier, to any person, a licence to form or plant an oyster bed on the shore adjacent to such land above or below the lowest water mark of spring tides,

• (c) grant to any person a licence to form or plant an oyster bed below the lowest water mark of spring tides.

• (2) No oyster bed licence shall be granted to lay or plant an oyster bed—

• (a) in any place where the Minister is of opinion that the public exercise and enjoy bona fide a substantially profitable fishing for oysters, or

• (b) within the limits of any oyster bed or oyster fishery the property of any private person, or

• (c) within the limits of any several fishery without the consent in writing of the owner of such fishery.

• (3) Where an oyster bed licence is granted to any occupier of land bordering on the sea or any estuary or to any person with the consent of such occupier, such licence shall remain in force only during the continuance in occupation of the person who was in occupation at the time of granting such licence.

• (4) Where a licence is granted to any person with the consent of any owner, such licence shall remain in force only for such period as may be named in such consent.

• (5) An oyster bed licence shall not, except for the purpose of forming or planting oyster beds or layings, affect any rights in or over the shore or bed of the sea.

246 Form of oyster bed licences.

246.—Every oyster bed licence shall, by reference to a map or otherwise as to the Minister seems best, define the position and limits of the oyster bed to which it relates and may be made subject to such conditions and limitations and, subject to the provisions of subsections (3) and (4) of section 245, may be perpetual or terminable as to the Minister shall seem proper.

247 Inquiry into application for an oyster bed licence.

247.—Where an application is made to the Minister for an oyster bed licence authorising the planting or laying of an oyster bed in a particular site—

• (a) the Minister shall cause a public inquiry to be held as to the expediency of granting the application and so fix the time as to permit of notice being given of the inquiry and the place in the locality of the said site for holding the said inquiry,

• (b) the Minister shall cause to be given, in accordance with section 322, notice (which shall specify the reception by him of the application) of the time and place of such inquiry,

• (c) the Minister shall appoint an officer of the Minister to hold such inquiry,

• (d) the Minister shall take no decision on the application until he has considered the report of the said officer.

248 Notice of granting of licence, etc.

248.—Where an oyster bed (1959 Act) licence is granted—

• (a) notice of the grant shall be published in some newspaper circulating in the district in which the licence is to operate,

• (b) a true copy of the licence shall be lodged with the county registrar for the county in which the licence is to operate,

• (c) a copy of the licence certified under the hand of that county registrar shall be evidence of the licence.

249 Effect of oyster bed licence.

249.—Every oyster bed (1959 Act) licence, if unappealed from under section 11 or if confirmed on such appeal, shall be binding on the State and on all persons whatsoever and shall operate to vest in the licensee, his heirs, executors, administrators and assigns, such rights and privileges as shall be thereby given, according to the tenor thereof, free from all prior or other rights, titles, estates or interests whatsoever.

250 Determination of licences by certificate of the Minister.

250.—(1) Notwithstanding anything in any oyster bed licence such licence shall be determinable by a certificate of the Minister certifying that he is not satisfied that the licensee is properly cultivating the oyster ground within the limits of such licence, and, on any such certificate being made, the right conferred by the licence shall absolutely determine.

• (2) For the purposes of this section the Minister may from time to time with respect to any oyster bed licence or any licensed oyster fishery make such inquiries and examinations and require the licensee to furnish such information as the Minister thinks necessary, and the licensee shall afford all facilities for such inquiries and examinations and give such information accordingly.

251 Revocation of oyster bed licences.

251.—(1) If it appears to the Minister that the licensee under any oyster bed licence or his assigns within the period of three years from the date of the licence has not taken steps proper in the opinion of the Minister to form the oyster bed in such licence mentioned, the Minister may by order revoke such licence.

• (2) The Minister shall, before making an order under this section revoking an oyster bed licence, cause notice in writing of his intention to make such order to be served on the person for the time being entitled to such licence or, if such person cannot be found, shall cause such notice to be inserted as an advertisement three times at least in some newspaper circulating in the district in which the oyster bed mentioned in such licence is situate, and no such order shall be made until after the expiration of one month from the service of such notice or from the date of the last of such advertisements.

252 Alteration of oyster bed licences to give effect to any agreement.

252.—The Minister may alter any oyster bed (1845 Act) licence or oyster bed (1850 Act) licence or grant any oyster bed (1959 Act) licence in lieu thereof to the licensee or his representative so as to give effect to any agreement or undertaking which may have been given or entered into by or on behalf of any such licensee with any person subsequent to the date of such licence.

253 Penalty for injuring licensed oyster beds.

253.—If any person (other than the licensee or his assigns, his agents, servants and workmen) knowingly does, within the limits of a licensed oyster bed, any of the following things:—

• (a) uses any implement of fishing, except a line and hook or net adapted solely for catching free swimming fish and so used as not to disturb or injure in any manner any oyster bed or oysters or the oyster fishery,

• (b) dredges for any ballast or other substance except under lawful authority for improving the navigation,

• (c) deposits any ballast, rubbish or other substance,

• (d) places any implement, apparatus or thing prejudicial or likely to be prejudicial to any oyster bed or oysters or brood or spawn thereof, or to the oyster fishery, except for a lawful purpose of navigation or anchorage,

• (e) disturbs or injures in any manner, except as mentioned in paragraph (d) of this section, any oyster bed or oysters or brood or spawn thereof or the oyster fishery,

• (f) interferes with or takes away any of the oysters from such bed without the consent of the licensee or owner or occupier of such bed,

the following provisions shall have effect:—

• (1) such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof—

• (i) in the case of a first offence, to a fine not exceeding two pounds,

• (ii) in the case of a second offence, to a fine not exceeding five pounds,

• (iii) in the case of a third or any subsequent offence, to a fine not exceeding ten pounds;

• (2) such person, whether he has or has not been prosecuted for or convicted of such offence, shall be liable to make full compensation to the licensee for all damage sustained by the licensee by reason of such person's unlawful act, and such compensation shall be recoverable in any court of competent jurisdiction.

254 Effect of oyster bed (1845 Act) and oyster bed (1850 Act) licences.

254.—Every oyster bed (1845 Act) licence or oyster bed (1850 Act) licence in force at the date of the passing of this Act shall be deemed to have been effectual to vest in the licensee, his heirs and assigns the exclusive right of laying and planting oysters and fishing for oysters in the oyster bed or laying by such licence authorised to be formed, according to the tenor and effect of such licence free from all prior or other rights, titles, estates or interests whatsoever.

255 Penalty for trespass on licensed oyster bed.

255.—If any person wilfully trespasses on any licensed oyster bed or oyster layings (the licence in respect whereof was granted before the 7th day of August, 1884) 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.

Chapter III. Oyster Fishery Orders.

256 Power of Minister to make oyster fishery orders.

256.—Subject to section 11 and to the provisions of this Chapter the Minister may make orders for the establishment or improvement and for the maintenance and regulation of an oyster fishery on the shore and bed of the sea or of an estuary or tidal river above or below or partly above and partly below low-water mark (which said shore and bed are in this Chapter referred to as the seashore), and including, if desirable, provisions for the constitution of a board or body corporate for the purpose of such order, on an application to the Minister by any person desirous of obtaining such an order.

257 Publication of notices of application.

257.—If, on consideration of an application for an oyster fishery (1959 Act) order, the Minister thinks fit to proceed with the case the Minister shall cause notices to that effect to be published and circulated in the district to be affected by the order and shall give notice of the application in such manner as he thinks proper for giving information to all parties interested and to the owners or reputed owners, lessees or reputed lessees and occupiers or reputed occupiers, so far as they may be known or ascertained, of the portion of the seashore to which the proposed order relates or of the lands adjoining thereto.

258 Objections and representations respecting proposed oyster fishery (1959 Act) order.

258.—During one month after the publication of the notices mentioned in section 257, the Minister shall receive any objections or representations made to him in writing respecting the proposed oyster fishery (1959 Act) order to which the said notices relate.

259 Inquiry into proposed oyster fishery (1959 Act) order.

259.—After the expiration of one month after the publication of the notices mentioned in section 257, in relation to an application for an oyster fishery (1959 Act) order, the Minister shall appoint an officer of the Minister to hold an inquiry (of which due notice shall be given) into the subject matter of the proposed order and for that purpose to hold a sitting or sittings in the neighbourhood of the portion of the seashore to which the proposed order relates and thereat to take and receive any evidence and information offered and inquire into any objections or representations made respecting the proposed order, with power from time to time to adjourn any sitting.

260 Making of oyster fishery (1959 Act) order.

260.—As soon as conveniently may be after the holding of an inquiry into an application for an oyster fishery (1959 Act) order, the Minister shall proceed to consider the objections or representations that have been made respecting the proposed order and thereupon shall either refuse the application or make an order in such form and containing such provisions as he thinks expedient.

261 Amendment of oyster fishery order.

261.—The Minister may from time to time by order amend an oyster fishery order, and all the provisions relative to an original oyster fishery order shall apply also to an amending order with the necessary modifications.

262 Effect of oyster fishery (1959 Act) order.

262.—When an oyster fishery (1959 Act) order has been made, the grantee shall, by virtue of the order, have, within the limits of the oyster fishery named therein, the exclusive right of depositing, propagating, dredging and fishing for and taking oysters, and in exercise of that right, may, within the limits of the fishery, make and maintain oyster beds, and at any season collect oysters and remove them from place to place and deposit them as and where he thinks fit, and do all other things which he thinks proper for obtaining, storing and disposing of the produce of the fishery or for the regulation of the fishery.

263 Powers of grantees under oyster fishery order to make regulations for management of oyster fishery.

263.—For the purpose of protecting an oyster fishery granted under an oyster fishery order, the grantee or grantees, under the hands of any two of them, where more than two, may, subject to the approval of the Minister make such regulations for the management of such fishery as they consider necessary.

264 Appointment of keepers by grantees under oyster fishery orders.

264.—For the purpose of protecting an oyster fishery granted under an oyster fishery order, the grantee or grantees, under the hands of any two of them, where more than two, may, subject to the approval of the Minister, appoint at the cost and expense of the grantees, any keeper they consider necessary for the protection of the fishery, and any keeper so appointed may enforce any regulations made under section 263 in respect of such oyster fishery and shall have all the powers conferred on water keepers by this Act.

265 Penalty for trespass on or breach of regulations of oyster fishery.

265.—(1) If, in respect of any oyster fishery granted under an oyster fishery order, any person—

• (a) wilfully trespasses on such fishery, or

• (b) not being a grantee or not having the written permission of the grantee or grantees, or, where more than two, of at least two-thirds of the grantees, dredges, fishes for or takes any oysters, or

• (c) being a grantee or duly authorised person as aforesaid, dredges, fishes for or takes any oysters in contravention of any regulation made under section 263 in relation to such fishery,

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.

• (2) Where a person is convicted of an offence under this section—

• (a) if the oysters in respect of which the offence wag committed have not been sold, those oysters shall, as a statutory consequence of conviction, stand forfeited, and the Court may direct their delivery to the grantees of the fishery from which they were taken,

• (b) if those oysters have been sold, the Court may order such person to pay to the said grantees a sum equal to the value thereof.

266 Determination of oyster fishery orders.

266.—(1) If it appears to the Minister that the grantee in any oyster fishery order is not maintaining the oyster fishery granted therein, the Minister, if he so thinks fit, may by order determine such oyster fishery order and thereupon all the rights and privileges thereunder shall be absolutely determined and shall be null and void.

• (2) For the purposes of subsection (1) of this section the Minister may from time to time make such inquiries and examination and require from the grantee such information as the Minister thinks necessary or proper, and the grantee shall afford all facilities for such inquiries and examination and give such information accordingly.

267 Oyster fishery order not to abridge right of several fishery.

267.—Subject to section 270 no oyster fishery order shall take away or abridge any right of several fishery or any right on, to or over any portion of the seashore, which right is enjoyed by any person under any local or special Act, or any charter, letters patent, prescription or immemorial usage, without the consent of such person.

268 Copies of oyster fishery orders to be kept.

268.—The grantee under an oyster fishery order shall at all times keep, at some convenient place in the neighbourhood of that portion of the sea shore to which the order relates, copies of the order and shall sell such copies to all persons desiring to buy them at a price not exceeding one shilling for each copy.

269 Saving for rights of the State.

269.—Where any portion of the seashore proposed to be comprised in an oyster fishery (1959 Act) order belongs to the State, the Minister shall not make the order without the consent of the Minister for Industry and Commerce.

270 Adaptation of section 9 of the Shannon Fisheries Act, 1938.

270.—In section 9 of the Shannon Fisheries Act, 1938 (No. 7 of 1938)—

• (a) the references, in subsections (2) and (4), to the Oyster Cultivation (Ireland) Act, 1884, shall be construed as including references to this Chapter,

• (b) the references, in subsection (3), to section 17 of the Oyster Cultivation (Ireland) Act, 1884, shall be construed as including references to section 267 of this Act.

Chapter IV. Close Season for Oysters.

271 Close season for oysters.

271.—(1) In this Act, the expression—

“the close season for oysters” means, in relation to any locality,—

• (a) in case a bye-law under this Act is for the time being in force fixing the period during which it is unlawful to dredge for, take, catch or destroy any oysters in that locality, the period so fixed,

• (b) in any other case, the period commencing on the 1st day of May in any year and ending on the 31st day of August in that year.

• (2) The provisions set out in the Fifth Schedule to this Act shall apply in relation to bye-laws altering the close season for oysters.

272 Bye-laws prohibiting the dredging for, etc., oysters during a particular period.

272.—(1) The Minister may, on the application of any person interested in an oyster fishery in a particular locality, make, subject to this Act, a bye-law prohibiting, during such period (not exceeding three years) as he thinks proper, the dredging for, or the taking, catching or destroying of, oysters or oyster brood in that locality.

• (2) The provisions set out in the Fifth Schedule to this Act shall apply in relation to the making of bye-laws under this section.

273 Penalty for dredging, etc. during the close season for oysters or during period specified in bye-law made under section 272.

273.—(1) If any person in any locality dredges for, takes, catches, destroys, has in his possession or custody, sells or buys any oyster or oyster brood during the period which is in relation to that locality the close season for oysters or during any period specified in a bye-law relating to that locality made under section 272 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 ten shillings and not more than five pounds.

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

• (3) Nothing in subsection (1) of this section shall be construed as rendering unlawful—

• (a) the removing, during the close season for oysters, of oyster brood from any oyster bed by the proprietor thereof or any person deriving under him, or

• (b) the laying down, during the close season for oysters, of oyster brood in any oyster bed by the proprietor thereof or any person deriving under him.

274 Authority to dredge for oysters during close season for oysters.

274.—(1) The Minister may, for the purpose of replenishing and supplying any oyster bed the exclusive property of any person, authorise the dredging for and taking of oysters from any natural public bed lying below the level of the lowest water of spring tides during such part of the close season for oysters as the Minister thinks proper and specifies in the authorisation.

• (2) If any oysters dredged or taken during any part, specified in any authorisation under subsection (1) of this section, of the close season for oysters are brought to shore by any person or sold or offered for sale by any person or are found in the possession of any person on land or are used by any person for any purpose other than replenishing or supplying any such artificial or other bed as is mentioned in the said subsection (1), such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

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

275 Order permitting taking etc., foreign oysters during part of close season for oysters.

275.—(1) The Minister may, upon the application of any person possessed of or interested in any oyster fishery, make an order permitting the taking or having in possession of any foreign oysters during such part of the close season for oysters as the Minister may think fit to appoint for such purpose in any district or place.

• (2) Where an application is made for an order under this section—

• (a) the Minister shall cause a public inquiry into such application to be held,

• (b) the Minister shall cause to be given, in accordance with section 322, notice of the time and place of such inquiry,

• (c) the Minister shall appoint an officer to hold such inquiry,

• (d) the Minister shall take no decision on the application until he has considered the report of the said officer.

Chapter V. Protection of Oyster Fisheries.

276 Power of persons interested in oyster beds to appoint water keepers.

276.—(1) Any proprietor of an oyster bed or an associated body of persons interested in the protection or improvement of an oyster fishery may, for the protection of such oyster fishery and for the due enforcement of the provisions of this Act and any bye-laws made thereunder, appoint any person to be a water keeper.

• (2) The provisions of section 294 in relation to the appointment of water keepers shall apply in respect of the appointment of water keepers under this section.

• (3) Every water keeper appointed under this section may, in relation to the oyster fishery for which he is appointed, exercise, so far as may be necessary for the protection of such oyster fishery and for the due enforcement of the provisions of this Act and any bye-laws made thereunder in relation to oyster fisheries, any of the powers conferred by this Act on a water keeper appointed under section 294.

Chapter VI. Licences for Fishing for Oysters.

277 Restrictions on taking oysters.

277.—(1) If any person takes in a fishery district any oysters from an oyster fishery otherwise than by means of an oyster fishing engine in respect of which there is for the time being in force an oyster fishing licence authorising the use of such oyster fishing 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 licence duty for the time being payable in respect of an oyster fishing licence.

• (2) Where a person is convicted of an offence under this section and an oyster fishing engine was used in the commission of such offence, such oyster fishing engine shall, as a statutory consequence of conviction, stand forfeited.

278 Provisions in relation to oyster fishing licences.

278.—(1) Boards of conservators shall, in accordance with this section, issue licences (in this Act referred to as oyster fishing licences) in respect of oyster fishing engines.

• (2) The period for which oyster fishing licences are to be issued shall be one year.

• (3) An oyster fishing licence shall be valid and in force for the year specified in that behalf in the licence.

• (4) A separate oyster fishing licence shall be issued for each separate oyster fishing engine.

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

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

• (b) state thereon—

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

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

• (iii) the electoral division (being an electoral division of such fishery district) in which it is issued,

• (iv) the oyster fishing engine to which it relates,

• (v) the name of the person to whom it is issued,

• (c) be sealed with the seal of such board of conservators.

• (6) An oyster fishing licence 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.

• (7) Every oyster fishing licence shall operate to authorise, during the year specified therein and in the fishery district specified therein, the use of the oyster fishing engine specified therein, but subject to the provisions of the Acts and any instrument made thereunder.

279 Licence duty on oyster fishing licences.

279.—(1) Subject to subsection (2) of this section, the licence duty on each oyster fishing licence shall be two pounds.

• (2) The Minister may, from time to time, by order, alter the licence duty in respect of an oyster fishing licence, so however that the licence duty in respect of such a licence shall not be so altered that it exceeds four pounds.

• (3) Where the licence duty in respect of an oyster fishing licence is altered under subsection (2) of this section, the duty as so altered shall be payable in respect of any such oyster 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.

280 Right to issue of oyster fishing licences.

280.—Where a person applies to a board of conservators for an oyster fishing licence and tenders the licence duty for the time being payable in respect thereof such board shall issue such licence to such person.

PART XV. Molluscs (other than Oysters).

281 Extension of sections 245 to 253 to mussel beds, periwinkle beds and cockle beds.

281.—(1) Section 245 shall extend to and include mussel beds, periwinkle beds, and cockle beds, and the Minister is hereby empowered to grant in respect of the said beds the licences mentioned in the said section 245.

• (2) Sections 246 to 253 shall extend to and include mussel beds and mussel fisheries, periwinkle beds and periwinkle fisheries, and cockle beds and cockle fisheries.

282 Extension of sections 256 to 269 to mussels.

282.—Sections 256 to 269 shall apply to mussels, mussel beds and mussel fisheries in the same way as they respectively apply to oysters and to oyster beds and oyster fisheries.

283 Close season for molluscs (other than oysters).

283.—(1) The Minister, if he thinks fit, may make a bye-law fixing a period or periods in each year within which it shall not be lawful to take or attempt to take molluscs (other than oysters) of the kind specified in the bye-law from any locality specified in the bye-law or to have in possession or custody or sell or attempt to sell molluscs (other than oysters) of that kind taken from the said locality, and the period or periods so fixed in relation to any locality by any such bye-law shall, so long as such bye-law remains in force, be the close season for molluscs (other than oysters) of the kind specified in the bye-law in that locality.

• (2) The provisions set out in the Fifth Schedule to this Act shall apply in relation to the making or alteration of any bye-law made under this section.

284 Bye-laws prohibiting the taking of molluscs (other than oysters) during a specified period.

284.—(1) The Minister may, on the application of any person interested or on his own motion, make a bye-law fixing a period (not exceeding three years) during which it shall not be lawful to take or attempt to take molluscs (other than oysters) of the kind specified in the bye-law from any locality specified in the bye-law.

• (2) The provisions set out in the Fifth Schedule to this Act shall apply in relation to the making of any bye-law under this section.

PART XVI. Crabs.

285 Penalty for taking, etc. certain edible crabs.

285.—(1) If any person takes, has in his possession, sells, exposes for sale, consigns for sale or buys for sale—

• (a) any edible crab by whatever name known, carrying any spawn attached to the tail or other exterior part of the crab, or

• (b) any edible crab by whatever name known which has recently cast its shell,

such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to, in the case of a first offence under this section, a fine not exceeding two pounds and, in the case of a second or any subsequent offence under this section, a fine not exceeding ten pounds.

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

• (3) Where a person is charged with an offence under this section in relation to any edible crab, it shall be a good defence to prove that the crab was intended for bait for fishing.

PART XVII. Penalties for Miscellaneous Offences.

286 Penalty for three or more persons using violence, etc. towards persons lawfully prosecuting a fishery.

286.—If three or more persons, by violence, intimidation or menace, impede or obstruct or attempt to impede or obstruct any person in the lawful prosecution of a fishery the offenders and every person then and there aiding or abetting them shall each be guilty of an offence under this section and shall each be liable on summary conviction thereof to a fine not exceeding twenty pounds.

287 Penalty for obstructing persons lawfully fishing.

287.—If any person obstructs any person lawfully engaged in fishing or in proceeding to or in returning from lawful fishing, such first-mentioned person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

288 Penalty for placing fishing engine with intent to prevent fish entering nets lawfully set.

288.—(1) If any person wilfully and maliciously places any fishing engine with intent to prevent fish from entering the nets of any other person set and placed in a lawful manner, such first-mentioned person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

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

289 Penalty for not having names of owners painted on fishing boats.

289.—(1) Every fishing boat shall have upon some conspicuous part thereof the name of the owner, or of one of the owners where more than one, and of his place of residence, painted in clear legible characters or letters of not less than two inches in length.

• (2) If, in respect of any fishing boat the provisions of subsection (1) of this section are not complied with, the owner or any person using it shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding two pounds.

290 Penalty on persons discharging ballast in improper places.

290.—If any person throws out or unloads from any vessel the ballast thereof or any part of the said ballast, within any estuary, harbour or place then, unless such throwing out or unloading is allowed by the Minister or by the local regulations of such harbour or place, each of the following persons, namely, such person, the master of such vessel and the owner of such vessel, shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

291 Penalty on giving warning to persons unlawfully fishing.

291.—Every person who makes or causes to be made or aids or assists in making any signal or warning to any person engaged in fishing unlawfully of the approach of any water keeper, officer of a board of conservators, or member of the Garda Síochána shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

PART XVIII. Powers of Water Keepers, Officers and Servants of Boards of Conservators, Garda SÍOchÍNa And Other Persons for the Enforcement of this Act.

292 Interpretation of Part XVIII.

292.—In this Part—

the expression “authorised person” means any person being—

• (a) a member of the Garda Síochána, or

• (b) a private water keeper, or

• (c) an inspector of a board of conservators, or

• (d) a conservators' water keeper, or

• (e) an officer appointed by the Minister;

the expression “conservators' water keeper” means a water keeper appointed by a board of conservators;

the expression “private water keeper” means a water keeper appointed under section 294;

the expression “water keeper” means a person being—

• (a) a conservators' water keeper, or

• (b) a private water keeper.

293 Limitations on exercise of powers conferred on members and officers of boards of conservators.

293.—(1) The powers conferred by this Part on a private water keeper shall be exercisable only for the protection of the fisheries specified in his instrument of appointment.

• (2) The powers conferred by this Part on a member of a board of conservators, or an inspector or water keeper appointed by a board of conservators for a fishery district shall be exercised only for the protection of the fisheries in the fishery district of that board, and for the enforcement therein of this Act and any instrument made thereunder.

294 Appointment of water keepers by persons interested in fisheries.

294.—(1) Each of the following persons—

• (a) any person interested in the preservation of the fish of any river or lake,

• (b) any persons who have united themselves into a society for the preservation of any fishery in any river or lake,

• (c) the owner of any fishery in any river or lake,

• (d) the owner of any salmon fishery on the sea coast,

may, from time to time, by instrument in writing in the form set out in the Sixth Schedule to this Act, appoint any person to be a water keeper for the protection of the fisheries on such part of the sea coast or in any such lake or river or the tributaries thereof.

• (2) A person appointed to be a water keeper under this section shall not act in that capacity until his appointment is confirmed (which confirmation shall be effected by endorsing the instrument of appointment) by any District Justice within whose district such water keeper is appointed to act.

• (3) A District Justice may upon complaint made to him revoke the appointment of a person appointed under this section as a water keeper to act within the district of such Justice, and thereupon the appointment of such person as a water keeper shall be determined.

• (4) An instrument appointing a person to be a water keeper under this section shall be subject to a stamp duty of five shillings.