FISHERIES (CONSOLIDATION) ACT, 1959

• (5) If any person acts as a private water keeper without having his appointment confirmed under subsection (2) of this section or after his appointment has been revoked under subsection (3) of this section, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine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 ten pounds.

295 Water keeper's instrument of appointment sufficient warrant for exercise of powers.

295.—(1) The production by a conservators' water keeper or other officer of a board of conservators of his instrument of appointment shall be a sufficient warrant for his exercising the powers conferred on an authorised person by this Act, but the production of such instrument by him shall not be necessary in exercising those powers unless he has been first required to produce it.

• (2) The production by a private water keeper of the instrument of his appointment endorsed in the manner provided by section 294 shall be sufficient warrant for his exercising the powers conferred on a private water keeper by this Act.

296 General powers of authorised persons.

296.—(1) Any authorised person may, for the purposes of the protection of the fisheries, do all or any of the following things:—

• (a) enter into and pass through or along the banks or borders of any lakes or rivers frequented by salmon or trout or of the tributaries thereof,

• (b) with boats or otherwise enter upon any such lakes or rivers,

• (c) enter upon and examine all weirs, sluices, mill dams, mill races and watercourses communicating with such lakes or rivers,

• (d) enter any boat engaged or about to engage in fishing,

• (e) examine all standing, floating or other nets whatsoever,

• (f) seize any unlawful fishing engine or any lawful fishing engine which is being unlawfully used,

• (g) do all such other acts and things as he is authorised to do by or under this Act.

• (2) Nothing in this section shall be construed as authorising any authorised person to enter any enclosed garden or any dwelling house or the curtilage thereof except where the ordinary road or passage to any weir, dam or dyke is through such garden or curtilage.

297 Power of District Justice to grant warrant to enter certain places.

297.—(1) Where upon an information on oath it appears to any District Justice or Peace Commissioner that there are reasonable grounds for believing that a breach of the provisions of this Act or any instrument made thereunder has been committed within any enclosed garden or any dwellinghouse or the curtilage thereof, he may by warrant under his hand authorise any water keeper or any officer appointed by the Minister to enter the said garden or dwellinghouse or the curtilage thereof, at such times in the day or night as may be mentioned in the warrant.

• (2) A warrant under this section shall not continue in force for more than seven days from the date thereof.

298 Boarding and examination of fishing vessels.

298.—(1) Any officer appointed by the Minister or any inspector or water keeper appointed by a board of conservators may, subject to any directions and regulations given or made by the Revenue Commissioners, do with respect to any vessel employed in fishing, all or any of the following things:—

• (a) board such vessel,

• (b) examine the certificate of registry and the fishing engines of such vessel, and ascertain whether the provisions of this Act have been complied with and whether the master and other persons on board are carrying on fishing in the manner required by this Act,

• (c) seize any unlawful fishing engine or any lawful fishing engine unlawfully used.

• (2) If the master of any fishing vessel refuses to produce the certificate of registry of such vessel when required to do so by an officer of the Minister, a conservators' water keeper or an inspector appointed by a board of conservators, he shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

299 Apprehension of offenders.

299.—(1) In this section the expression “authorised person” includes any person interested in the fishery in which the relevant offence is committed.

• (2) If any person (in this section referred to as the offender) is found using any unlawful fishing engine or unlawfully using any lawful fishing engine or otherwise offending against the provisions of this Act or any instrument made thereunder, the following provisions shall have effect:—

• (a) any authorised person may require the offender to do the following things—

• (i) desist from such offence, and

• (ii) tell his name and his address,

• (b) if the offender, after being so required, wilfully continues such offence or refuses to tell his name and address, the authorised person and any other persons acting under his directions may apprehend the offender,

• (c) where the offender is apprehended under this section, the authorised person shall forthwith deliver him into the custody of a member of the Garda Síochána to be dealt with according to law.

300 Powers in relation to weirs, fixed engines, etc.

300.—Where any authorised person finds—

• (a) during the annual close season for salmon and trout or the weekly close time—

• (i) any passage in any fishing weir, fishing mill dam, fixed engine, net or contrivance closed or obstructed, or

• (ii) any net or other contrivance whatsoever placed or used in contravention of this Act or any instrument made thereunder, or

• (b) at any time, any obstruction in the free gap of a fishing weir or in a fish pass or,

• (c) at any time, any obstruction in the waste gate appurtenant to any mill or factory when such waste gate is required, by section 122, to be open,

he may open such passages and remove such obstructions, doing no unnecessary damage, and seize and remove all things so found or used contrary to the provisions of this Act or any instrument made thereunder.

301 Powers of inspection, examination and detention.

301.—(1) In this section the expression “authorised officer” means any person being—

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

• (b) an officer or servant of a board of conservators authorised in writing by that board to exercise the powers conferred by this section, or

• (c) an officer of the Minister, authorised in writing by the Minister to exercise the powers conferred by this section, or

• (d) an officer or servant of the Electricity Supply Board authorised in writing by the Minister to exercise the powers conferred by this section.

• (2) Every authorised officer is hereby authorised to do all or any of the following things:—

• (a) to stop and search any person conveying or suspected to be conveying fish of any kind or any instrument or substance used or adapted for taking fish unlawfully and to inspect any fish, instrument or substance which such person is found to be conveying and for that purpose to open and search any vehicle or package in which such fish, instrument or substance 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) any premises in which poison or explosive intended for the destruction of fish is or is believed to be kept, or

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

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

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

• (c) to examine all 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 fish;

• (d) to stop, enter and search, on any river, lake or estuary, or the shores thereof or 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 fish unlawfully captured and to examine all fish and all fishing engines found therein and for that purpose to open any package which contains or is suspected of containing any fish or fishing engine;

• (e) to take, remove and detain in his custody any 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 Act is being or is suspected of being committed or which have been or are suspected of having been unlawfully captured;

• (f) to take, remove and detain in his custody any fishing engine or any article liable or believed to be liable to forfeiture under this Act;

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

• (3) Where an authorised officer detains in his custody under the authority of this section any fish or other article he shall, as soon as 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 fish or other article dealt with according to law.

• (4) Where—

• (a) an authorised officer detains in his custody under this section any fish, and

• (b) such fish is likely to become unfit for human food before the matter can conveniently be dealt with by any Court,

he shall produce such fish to a Peace Commissioner and thereupon the following provisions shall apply—

• (i) if the Peace Commissioner is of opinion that such fish ought to be destroyed, he shall direct such authorised officer to destroy such fish, and such fish shall be destroyed accordingly;

• (ii) if the Peace Commissioner is not of that opinion, he shall direct such authorised officer to sell such fish, and such fish shall be sold accordingly.

• (5) A direction by a Peace Commissioner under subsection (4) of this section directing an authorised officer to destroy or sell fish shall—

• (a) be in writing,

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

• (c) describe such fish and any marks, peculiarities or other particulars thereof pointed out to that Peace Commissioner by such authorised officer,

• (d) be conclusive evidence in every Court of the matters of fact stated therein.

• (6) No authorised officer 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 him wantonly or maliciously.

• (7) Every person who obstructs or impedes an authorised officer in the exercise of any of the powers conferred on him by this section or refuses to give his own name and address or the name and address of any other person (so far as known to him) when lawfully demanded under this section 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.

302 Procedure consequent upon seizure of unlawful fishing engines and lawful fishing engines unlawfully used.

302.—Where any person in exercise of the powers conferred on him by this Part, seizes any fishing engine, he shall, as soon as may be, bring it before the District Justice in whose district it was seized, and thereupon the following provisions shall have effect—

• (a) if the District Justice finds that the fishing engine is an unlawful fishing engine, he shall order it to be forfeited and destroyed,

• (b) if the District Justice finds that the fishing engine is a lawful fishing engine but at the time of its seizure had been, was being, or was about to be, unlawfully used, he shall order it to be forfeited,

• (c) if the District Justice finds that the fishing engine is a lawful fishing engine but at the time of its seizure had not been, was not being or was not about to be, unlawfully used, he shall order it to be returned to the person who appears to him to be the owner thereof.

303 Persons using fishing engines to produce licence therefor on demand.

303.—(1) In this section the expression “authorised person” includes a member of a board of conservators.

• (2) Any person using any scheduled engine or having any scheduled engine erected or found with a scheduled engine in his possession in or near any fishing place, or going or returning from fishing shall on demand produce, to any authorised person the ordinary licence for such engine, and, in default, 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 the ordinary licence duty payable in respect of an ordinary fishing licence to use such engine and not more than double such ordinary licence duty.

• (3) A person who when the production of his ordinary licence is lawfully demanded of him under this section, does not produce such licence because he is not the holder of an ordinary licence, shall be deemed to fail to produce such licence within the meaning of this section.

• (4) Where a person is charged with an offence under this section consisting of a failure to produce an ordinary licence for a scheduled engine in his possession, it shall be a good defence to prove that he had the scheduled engine in his possession as a manufacturer or seller thereof and not for the purpose of using it.

• (5) This section shall not apply in respect of the use of scheduled engines in special tidal waters or in scheduled trout waters.

304 Production of special local licences.

304.—(1) In this section, the expression “authorised person” does not include a private water keeper.

• (2) Any authorised person may demand of any person fishing in special tidal waters or having in his possession in or near such special tidal waters any fishing engine for the taking of salmon or trout the production of his special local licence, and if such person refuses or fails to produce such licence there and then, he shall be guilty of an offence under this section.

• (3) Where any person of whom the production of his special local licence is lawfully demanded under this section produces such licence but refuses or fails to permit the authorised person making such demand to read such licence, he shall be guilty of an offence under this section.

• (4) Whenever any person of whom the production of his special local licence is lawfully demanded under this section refuses or fails to produce such licence or produces such licence but fails to permit the authorised person making the demand to read such licence, such authorised person may demand of such person his name and address, and if such person refuses or fails to give his name or address or gives a name or address which is false or misleading he shall be guilty of an offence under this section.

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

• (6) A person who, when the production of his special local licence is lawfully demanded of him under this section, does not produce such licence because he is not the holder of a special local licence shall be deemed to fail to produce his special local licence within the meaning of this section.

305 Persons using trout rods in scheduled trout waters to produce licence on demand.

305.—(1) In this section, the expression “authorised person” includes a member of a board of conservators.

• (2) Any person using a trout rod in any scheduled waters shall on demand produce to any authorised person his trout rod licence, or if he is the holder of a salmon rod licence, such salmon rod licence, and in default such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to—

• (a) in case—

• (i) such person is the occupier of land contiguous to the portion of such scheduled trout waters in which he is found fishing and is entitled to fishing rights in that portion, or

• (ii) such person is a member of the family of the occupier of land contiguous to the portion of such scheduled trout waters in which he is found fishing and such occupier is entitled to fishing rights in that portion, or

• (iii) such person is under the age of seventeen years,

a fine of not less than sixpence and not more than one shilling, or

• (b) in any other case, a fine of not less than five shillings and not more than ten shillings.

• (3) Where a person using a trout rod in scheduled trout waters situate in a particular fishery district is charged with an offence under this section, it shall be a good defence to prove that—

• (a) he is a member of the family of the occupier of land contiguous to the portion of such scheduled trout waters in which he is found using such trout rod, and

• (b) such occupier is entitled to fishing rights in that portion and is the holder of a trout rod (riparian owner) licence for the time being in force issued by the board of conservators for such fishery district and valid for such portion.

306 Persons using oyster fishing engines to produce licence therefor on demand.

306.—(1) In this section, the expression “authorised person” includes a member of a board of conservators.

• (2) Any person using or having in his possession an oyster fishing engine in or near an oyster fishery, or going or returning from fishing shall on demand produce to any authorised person the oyster fishing licence for such engine and, in default, 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 the licence duty for the time being payable in respect of such licence and not more than double such licence duty.

• (3) Any person who when the production of an oyster fishing licence is lawfully demanded of him under this section does not produce such licence because there is no such licence shall be deemed to fail to produce such licence within the meaning of this section.

307 Inspection of fish passes.

307.—All fish passes shall be at all times open to inspection by an authorised person.

308 Penalty for assaulting or obstructing persons exercising powers under this Part.

308.—If any person assaults or obstructs any person exercising any power conferred on him by this Part, 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 ten pounds.

PART XIX. Legal Proceedings, Fines, Forfeitures, Evidence, Inquiries and Service of Documents.

309 Legal Proceedings. Trial of offences.

309.—(1) Notwithstanding anything contained in any other enactment, an offence under any provision of this Act may be heard and determined in a summary way by a District Justice upon the complaint, verbal or otherwise, of a member of the Garda Síochána, an officer or employee of a board of conservators or any other person.

• (2)
• (a) Where—

• (i) a sea fisheries protection officer has in exercise of the powers conferred on him by section 233 taken a boat and the persons on board it to a port in the State, and

• (ii) any person (being one of the said persons) is alleged to have committed an offence under any section contained in Chapter II or III of Part XIII,

such offence may be brought before and heard and determined by a District Justice for the time being assigned to the District in which such port is situate.

• (b) Paragraph (a) of this subsection shall not be construed as affecting section 79 of the Courts of Justice Act, 1924 (No. 10 of 1924).

• (3) Where an offence under the repealed enactments or an offence under any provision of this Act has been, or is alleged to have been committed in or upon any waters forming the boundary between two or more Districts established for the purposes of the District Court, then, notwithstanding section 79 of the Courts of Justice Act, 1924 (No. 10 of 1924), proceedings in respect of the offence may be brought, heard and determined before and by a District Justice for the time being assigned to any one of the said Districts and such offence may be alleged and stated in an information or summons to have been committed in the District where it is proposed to bring the proceedings.

310 Appeals from the District Court.

310.—(1) Where any proceedings in the District Court for an offence under any provision of this Act are dismissed, whether on the merits or without prejudice, the prosecutor may appeal against the order of dismissal to the Judge of the Circuit Court within whose Circuit the Courthouse in which such order was made is situate.

• (2) Where by virtue of subsection (1) of this section a right of appeal against an order of the District Court in any proceedings under this Act lies to a Judge of the Circuit Court, such Judge on such appeal may vary, confirm or reverse such order, and the decision of such Judge on such appeal shall be final and conclusive and not appealable.

311 Offences by bodies corporate.

311.—Where an offence under any provision of this Act was committed by a body corporate and is proved to have been so committed with the consent or approval of, or to have been facilitated by any neglect on the part of, any director, manager, secretary or other officer of such body corporate, such director, manager, secretary or other officer shall also be deemed to be guilty of such offence and shall be liable to be proceeded against and punished accordingly.

312 Prosecution by Minister of offences under this Act.

312.—An offence under any provision of this Act may be prosecuted by the Minister.

313 Bounds need not be set out in indictments, etc.

313.—In any action or prosecution for or in respect of any trespass or nuisance in respect of a fishery it shall not be necessary to set out in the declaration or indictment the bounds of the place in which the trespass or nuisance complained of was committed, but it shall be sufficient to state generally that the same was committed within the fishery district in which the fishery in question is situate.

314 Fines. Disposal of fines.

314.—(1) This section applies to every fine imposed for any offence under any provision of this Act.

• (2) Section 51 of the Court Officers Act, 1926 (No. 27 of 1926), shall cease to apply to any fine to which this section applies.

• (3) Every fine to which this section applies shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance shall direct.

• (4) Where a fine to which this section applies is remitted in whole or in part after it has been paid into or disposed of for the benefit of the Exchequer under subsection (3) of this section, such fine or the portion thereof so remitted (as the case may be) shall be repaid out of the Exchequer in such manner as the Minister for Finance shall direct.

315 Payments to boards of conservators and (in certain cases) Garda Síochána Reward Fund in respect of fines for certain offences.

315.—(1) This section applies to—

• (a) an offence under any section of this Act (other than a section contained in Part XII, XIII, XV or XVI or section 290 or 323), or

• (b) an offence against any bye-law made under section 9 and relating to salmon, trout or eels.

• (2) Where a fine imposed for an offence to which this section applies has been paid or levied, then, unless the fine has been wholly remitted, the following provisions shall apply—

• (a) in case it appears to the Minister that a member of the Garda Síochána was the means of bringing to justice the person by whom the offence was committed, there shall be paid—

• (i) to the board of conservators of the fishery district in which the offence was committed a sum equal to two-thirds of the fine, or, if the fine was remitted in part, of so much thereof as was not remitted, and

• (ii) into the Garda Síochána Reward Fund, a sum equal to one-third of the fine or, if the fine was remitted in part, of so much thereof as was not remitted.

• (b) In any other case, there shall be paid to the said board of conservators a sum equal to the fine or, if the fine was remitted in part, so much thereof as was not remitted.

• (3) All moneys payable under subsection (2) of this section shall be paid by the Minister out of moneys provided by the Oireachtas at such times as he thinks fit.

316 Forfeitures. Non-obligation of Court to pronounce or record forfeit are where forfeiture falls as a statutory consequence of conviction.

316.—Where—

• (a) a person is convicted by a District Justice of an offence under any provision of this Act, and

• (b) the said provision provides that a particular thing shall, as a statutory consequence of conviction, stand forfeited,

then, notwithstanding any rule of law, it shall not be necessary for the said Justice—

• (i) to pronounce the fact of such forfeiture at the time of adjudication, or

• (ii) to record the fact of such forfeiture in the Justice's Minute Book or the Charge Sheet or in the order of conviction.

317 Disposal of forfeitures.

317.—(1) Where—

• (a) any thing, which, either as a statutory consequence of conviction or by an order of a District Court, is forfeited under this Act or any instrument made thereunder, is lawfully seized, or

• (b) any thing is ordered by a District Justice under paragraph (b) of section 302 to be forfeited,

the Minister may direct that such thing shall—

• (i) be returned to the person who appears to him to be the owner thereof, or

• (ii) be sold or otherwise disposed of in such manner as he thinks fit.

• (2) Where the Minister, in pursuance of subsection (1) of this section, directs a thing to be sold, the net proceeds of the sale shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance shall direct.

• (3) Subsection (1) of this section shall not apply to any thing forfeited under section 265, where the Court gives a direction under the said section 265 in relation to such thing.

318 Payments to boards of conservators and (in certain cases) Garda Síochána Reward Fund in respect of proceeds of certain forfeitures.

318.—(1) Where in—

• (a) any thing is forfeited under any section of this Act (other than one contained in Part XIII, XV or XVI or under any bye-law made under section 9 and relating to salmon, trout or eels, or any thing (being a fishing engine for the capture of salmon, trout or eels) is forfeited under paragraph (b) of section 302, and

• (b) such thing is sold by direction of the Minister under section 317,

the following provisions shall apply—

• (i) in case it appears to the Minister that a member of the Garda Síochána seized such thing or was the means of bringing to justice the person committing the offence which resulted in such forfeiture, there shall be paid—

• (I) to the board of conservators of the fishery district in which the offence was committed a sum equal to two-thirds of the net proceeds of such sale, and

• (II) into the Garda Síochána Reward Fund a sum equal to one-third of the said net proceeds,

• (ii) in any other case there shall be paid to the said board of conservators a sum equal to the said net proceeds.

• (2) All moneys payable under subsection (1) of this section shall be paid by the Minister out of moneys provided by the Oireachtas at such times as he thinks fit.

319 Disposal of proceeds of sale of fish in pursuance of a direction under section 301 (4).

319.—(1) Where any fish are sold in pursuance of a direction under subsection (4) of section 301, the following provisions shall have effect—

• (a) in case—

• (i) proceedings are duly instituted against any person charging him with an offence under any provision of this Act in relation to such fish, and

• (ii) such person is convicted of the offence, and

• (iii) such fish would, but for the sale thereof, as a statutory consequence of such conviction stand forfeited, the net proceeds of such sale shall be paid into, or disposed of for, the benefit of the Exchequer in such manner as the Minister for Finance shall direct;

• (b) in any other case, the said net proceeds shall on demand be paid to the owner of such fish;

• (c) where the said net proceeds are to be dealt with in accordance with paragraph (a) of this subsection—

• (i) in case it appears to the Minister that a member of the Garda Síochána detained such fish under section 301, there shall be paid—

• (I) to the board of conservators of the fishery district in which the offence was committed a sum equal to two-thirds of the said net proceeds, and

• (II) into the Garda Síochána Reward Fund a sum equal to one-third of the said net proceeds,

• (ii) in any other case, there shall be paid to the said board of conservators a sum equal to the said net proceeds.

• (2) All moneys payable under paragraph (c) of subsection (1) of this section shall be paid by the Minister out of moneys provided by the Oireachtas at such times as he thinks fit.

320 Evidence. Evidence of amount of expenses incurred by the Minister.

320.—Where the Minister is entitled under section 99, 110, 112, 113, 114, 116, 117 or 129 to recover any expenses a certificate sealed with the official seal of the Minister and certifying the amount of those expenses shall be prima facie evidence of the amount of those expenses.

321 Proof of bye-laws, etc.

321.—(1) In any proceedings under the repealed enactments or this Act, a document purporting to be a copy of any instrument in writing made or issued under the repealed enactments or this Act shall, if it is certified by an officer of the Minister to be a true copy of such instrument, be prima facie evidence of such instrument, and it shall not be necessary to prove the signature of the person so certifying such document or that he is an officer of the Minister.

• (2) Nothing in this section shall be construed as limiting or affecting the operation of section 4 of the Documentary Evidence Act, 1925 (No. 24 of 1925).

322 Inquiries. Notice of holding of inquiries.

322.—Where notice of the holding of an inquiry is required by this Act to be given that requirement shall be complied with if not less than fourteen days before the holding of such inquiry, the following things are done—

• (a) there are distributed, in such manner as the Minister may direct, printed notices announcing the time and place at which the inquiry is to be held and the matters to be inquired into thereat, and

• (b) there is published in one or more newspapers circulating in the fishery district in which the inquiry is to be held an advertisement stating the time and place at which the inquiry is to be held and the matters to be inquired into thereat.

323 Powers of persons appointed by the Minister to hold inquiries.

323.—(1) Any person (in this section referred to as an authorised person) appointed by the Minister to hold an inquiry under this Act, may do all or any of the following things—

• (a) summon witnesses to attend before him at such inquiry,

• (b) examine on oath (which such authorised person is hereby authorised to administer) witnesses attending before him at such inquiry,

• (c) require any such witnesses to produce any documents in their power or control the production of which such authorised person considers necessary for the purposes of such inquiry.

• (2) A witness before an authorised person holding an inquiry under this Act shall be entitled to the same immunities and privileges as if he were a witness before the High Court.

• (3) If any person—

• (a) on being duly summoned to attend as a witness before an authorised person holding an inquiry under this Act makes default in attending, or

• (b) so being in attendance as a witness, refuses to take an oath lawfully required by such authorised person to be taken, or to produce any document in his power or control lawfully required by such authorised person to be produced by him, or to answer any question to which such authorised person may require an answer,

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-five pounds.

324 Service of Documents. Service of documents.

324.—(1) (a) Where any document is required or permitted by this Act (including subsection (2) of this section) to be served on any person such document shall be addressed to such person and shall be served on such person in some one of the following ways:—

• (i) by delivering it to such person;

• (ii) by leaving it at the address at which such person ordinarily resides;

• (iii) by sending it by post in a prepaid registered letter addressed to such person at the address at which he ordinarily resides.

• (b) For the purposes of this subsection a company registered under the Companies Acts, 1908 to 1924, shall be deemed to be ordinarily resident at its registered office, and every body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business in the State.

• (2) Where any document is required or permitted by this Act to be served on the owner of a fishery and either such owner cannot be found in the State or the name or address of such owner cannot after reasonable inquiry be ascertained, such document shall be deemed to have been duly served on such owner if it is served on the occupier of such fishery.

PART XX. Miscellaneous Provisions.

325 Provisions in relation to Moville Area.

325.—-(1) In this section—

“the Act of 1952” means the Foyle Fisheries Act, 1952 (No. 5 of 1952);

“the Moville Area” means the Moville Area as defined by subsection (1) of section 2 of the Act of 1952.

• (2) Save as provided by subsection (3) of this section, this Act shall not extend to the Moville Area.

• (3) For the avoidance of doubts it is hereby declared that any fishery within the Moville Area which under section 8 of the Act of 1952 became vested in the Minister and the Ministry of Commerce for Northern Ireland shall be deemed not to be State land for the purposes of Part II of the State Property Act, 1954 (No. 25 of 1954).

326 Saving for certain enactments.

326.—(1) Nothing in this Act shall be construed as affecting the operation of section 8 of the Shannon Fisheries Act, 1938 (No. 7 of 1938).

• (2) Nothing in this Act shall be construed as affecting the operation of the British statute (1 Vic. c. xxxix) passed in the year 1837 and entitled “An Act to enable Edward Joshua Cooper Esquire to establish and protect a Salmon Fishery upon the Lakes and Rivers of Owenmore and Arrow and also within the Bay of Ballisodare in the County of Sligo in Ireland”, in so far as that British statute is in force immediately before the operative date.

327 Right of owner to take materials from streams.

327.—Nothing in this Act shall prejudice the right of any owner thereof to take materials from any stream.

328 Agents for fishery owners.

328.—(1) Any fishery owner may by power of attorney under his hand appoint an agent to act for him in carrying into execution the provisions of this Act.

• (2) All things which by this Act are directed to be done by or with relation to any person may be lawfully done by or with relation to an agent appointed by him under this section and such agent may be dealt with in all respects as such person himself might have been dealt with under this Act.

• (3) Every agent appointed under this section shall have full power, in the name and on behalf of his principal, to take part in or act upon any inquiry, or prosecute, oppose or defend any complaint, appeal, action, writ, suit or other proceeding or to attend, vote at and take part in any meeting or do or suffer any other act for the purposes of this Act.

• (4) Every person who appoints an agent under this section shall be bound by the acts of such agent, according to the authority committed to him, as fully as if such person had so acted.

• (5) Every power of attorney under this section shall be produced, inspected or registered and copies and extracts thereof made at such times and places and in such manner as the Minister may direct.

• (6) A power of attorney under this section may be in the following form—

“I, A. B. of____hereby appoint C. D. of_______ to be my lawful attorney to act for me in all respects as if I myself were present and acting, and I make this appointment under the Fisheries (Consolidation) Act, 1959.

Dated this__day of__, 19__ .

• (Signed) A. B.”

• (7) Where a person is convicted of an offence under the repealed enactments or an offence under any provision of this Act, then—

• (a) if such person is an agent for another person who is an ex officio conservator under section 34, he shall thereafter cease to be qualified to act as an agent for such other person in that other person's capacity as such ex officio conservator for a period of seven years from the date of such conviction,

• (b) such person shall thereafter be disqualified from being appointed an agent under this section for a period of seven years from the date of such conviction.

PART XXI. Transitory Provisions.

329 Continuance in office of existing conservators for electoral division.

329.—Every person who holds office as a conservator for an electoral division immediately before the operative date shall be deemed to have been elected under this Act and shall, unless he sooner dies, resigns or becomes disqualified, hold office until midnight on the day on which the next election for conservators of that electoral division is held in pursuance of section 27.

330 Continuance of existing officers and servants.

330.—Every person who immediately before the operative date holds any office or employment to which he was appointed under any provision of any repealed enactment shall on and after the operative date continue in such office or employment and be deemed to have been appointed thereto under the corresponding provision of this Act.

331 Continuance of existing authorisations.

331.—Any authority granted under any provision of any repealed enactment and not withdrawn before the operative date shall on and after the operative date continue in force and have effect as if granted under the corresponding provision of this Act.

332 Fishery rates struck under repealed enactments.

332.—(1) Every fishery rate struck before the operative date by a board of conservators under section 13 of the Fisheries Act, 1925 (No. 32 of 1925) shall be deemed to have been struck under section 55.

• (2) Every fishery rate confirmed before the operative date by the Minister under section 13 of the Fisheries Act, 1925, shall be deemed to have been confirmed by the Minister under section 55.

• (3) Every fishery rate struck, before the operative date, by the Minister under section 13 of the Fisheries Act, 1925, shall be deemed to have been struck by the Minister under section 55.

333 Continuance of existing licences and certificates.

333.—Every licence issued and every certificate granted under any provision of any repealed enactment and in force immediately before the operative date shall, on and after the operative date, continue in force and be deemed to have been granted under the corresponding provision of this Act.

334 Continuance of existing bye-laws, orders and regulations.

334.—Each of the following instruments which was in force immediately before the operative date:—

• (a) any bye-law made under any repealed enactment,

• (b) any order or regulation made under any repealed enactment,

shall, on and after the operative date, continue in force and be deemed to have been made under the corresponding provision of this Act.

335 Amendment of certain bye-laws made under repealed enactments providing for forfeiture.

335.—Where any bye-law (being a bye-law creating an offence) made under any repealed enactment and continued in force by section 334 provides as part of the punishment for the offence and as a statutory consequence of conviction thereof that the person convicted of that offence shall forfeit a particular thing or that a particular thing shall be forfeited, the said bye-law shall be construed as if in lieu of that provision, it provided that, where a person is convicted of that offence, the thing specified in the said bye-law as the thing to be forfeited shall as a statutory consequence of conviction stand forfeited.

FIRST SCHEDULE. Enactments Repealed.

Session and Chapter or Number and Year	Short title	Extent of Repeal
(1)	(2)	(3)
5 & 6 Vic., c. 106	The Fisheries (Ireland) Act, 1842.	The whole Act
7 & 8 Vic., c. 108	The Fisheries (Ireland) Act, 1844.	The whole Act
8 & 9 Vic., c. 108	The Fisheries (Ireland) Act, 1845.	The whole Act except Sections 7 and 8
11 & 12 Vic., c. 92	The Fisheries (Ireland) Act, 1848.	The whole Act
13 & 14 Vic., c. 88	The Fisheries (Ireland) Act, 1850.	The whole Act
26 & 27 Vic., c. 114	The Salmon Fishery (Ireland) Act, 1863.	The whole Act
29 & 30 Vic., c. 88	The Oyster Beds (Ireland) Act, 1866.	The whole Act
29 & 30 Vic., c. 97	The Oyster Fishery (Ireland) Amendment Act, 1866.	The whole Act
32 Vic., c. 9	The Salmon Fishery (Ireland) Act, 1869.	The whole Act
32 & 33 Vic., c. 92	Fisheries (Ireland) Act, 1869.	The whole Act
40 & 41 Vic., c. 42	The Fisheries (Oyster, Crab and Lobster) Act, 1877.	The whole Act
44 & 45 Vic., c. 66	The Pollen Fishing (Ireland) Act, 1881.	The whole Act
47 & 48 Vic., c. 48	The Oyster Cultivation (Ireland) Act, 1884.	The whole Act
54 & 55 Vic., c. 20	The Pollen Fisheries (Ireland) Act, 1891.	The whole Act
61 & 62 Vic., c. 28	The Mussels, Periwinkles and Cockles (Ireland) Act, 1898.	The whole Act
9 Edw. VII, c. 25	The Fisheries (Ireland) Act, 1909.	The whole Act
No. 6 of 1924	The Fisheries Act, 1924.	The whole Act
No. 32 of 1925	The Fisheries Act, 1925.	The whole Act
No. 53 of 1933	The Sea Fisheries Protection Act, 1933.	The whole Act
No. 24 of 1934	The Fisheries (Tidal Waters) Act, 1934.	The whole Act
No. 4 of 1935	The Shannon Fisheries Act, 1935.	Sections 11, 12, and 24.
No. 48 of 1936	The Courts of Justice Act, 1936.	Section 10.
No. 33 of 1937	The Sea Fisheries (Protection of Immature Fish) Act, 1937.	The whole Act
No. 17 of 1939	The Fisheries Act, 1939.	The whole Act
No. 6 of 1944	The Fisheries (Amendment) Act, 1944.	The whole Act
No. 12 of 1945	The Electricity (Supply) (Amendment) Act, 1945.	Sections 19, 20, 24, and 25.
No. 18 of 1949	The Fisheries (Amendment) Act, 1949.	The whole Act
No. 27 of 1949	The Fisheries (Statute Law Revision) Act, 1949.	The whole Act
No. 16 of 1953	The Fisheries (Amendment) Act, 1953.	The whole Act
No. 28 of 1956	The Fisheries (Statute Law Revision) Act, 1956.	The whole Act
No. 15 of 1958	The Fisheries (Amendment) Act, 1958.	The whole Act

SECOND SCHEDULE. Fishery Districts, Electoral Divisions and Number of Conservators for Each Electroal Division.