Fisheries (Amendment) Act , 1962

1 Interpretation.

1.—In this Act—

“the Minister” means the Minister for Lands;

“Moville Area” has the meaning assigned to it by the Foyle Fisheries Act, 1952;

“the Principal Act” means the Fisheries (Consolidation) Act, 1959.

2 Amendment of section 3 of Principal Act.

2.—(1) Subsection (1) of section 3 of the Principal Act is hereby amended by the substitution for the definition of “deleterious matter” of the following definition:

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

(2) Subsection (1) of section 3 of the Principal Act is hereby amended by the substitution in the definition of “election year” of “1964” for “1961” and of “fifth” for “third”.

3 Amendment of section 9 of Principal Act.

3.—Section 9 (which empowers the Minister to make certain bye-laws) of the Principal Act is hereby amended by—

(a) the insertion in paragraph (b) of subsection (1) after “cease” of “including bye-laws varying the weekly close time in relation to any river or the weekly close time in relation to any fishing weir which is the subject of an order under subsection (2) of section 107 (being bye-laws which do not reduce the weekly close time to less than forty-eight hours)”,

(b) the insertion in subsection (1) after paragraph (g) of the following paragraph:

“(gg) the imposition of prohibitions or restrictions of an emergency character on the taking by any specified engine or engines of the several species of fish or of any of those species for a specified period not exceeding one year in duration where, in the opinion of the Minister, such prohibitions or restrictions are necessary,”, and

(c) the insertion after subsection (3) of the following subsection:

“(4) Subsection (2) of this section shall not apply in relation to bye-laws made under this Act after the commencement of section 3 of the Fisheries (Amendment) Act, 1962, and if any person contravenes (whether by act or omission) any such bye-law, he shall be guilty of an offence against this Act and shall, where no other penalty is provided under this Act, be liable on summary conviction to a fine not exceeding twenty-five pounds and any fish illegally taken by him or in his possession at the time of the offence and also any fishing engine or thing by means or in respect of which the offence is committed shall, as a statutory consequence of conviction, stand forfeited.”

4 Saving for acts done for artificial propagation, scientific purposes or improvement of fisheries.

4.—The following section is hereby substituted for section 14 of the Principal Act:

“14. (1) Subject to subsection (2) of this section, nothing in this Act or in any instrument made thereunder shall prohibit anything done by the Minister or a person previously authorised in writing by the Minister in that behalf for the purpose of the artificial propagation of fish, for some scientific purpose or for the improvement or development of any fishery.

(2) Nothing shall be done pursuant to subsection (1) of this section in relation to a several fishery without the consent of the owner thereof.

(3) A person authorised by the Minister under this section to do anything shall be furnished by the Minister with a certificate of such authorisation and when doing anything pursuant to the authorisation shall, if requested by any person affected, produce the certificate to that person.”

5 Qualification of conservators.

5.—The following section is hereby substituted for section 25 of the Principal Act:

“25.—A person shall not be eligible at any particular time for election to the office of conservator for any electoral division unless, either—

(a) he would, if an election for that electoral division were held at that particular time, be entitled under subsection (2) or (4) of section 24 to vote at the election, or

(b) (i) he is the rated occupier of a fishery of which the rateable value is less than fifty pounds and which is in the fishery district which includes that electoral division, and

(ii) he has paid the fishery rate in respect thereof for the fishery year immediately preceding the year in which the election for such office takes place and the amount thereof is not less than one pound.”

6 Amendment of section 27 of Principal Act.

6.—Section 27 (which provides for elections to boards of conservators) of the Principal Act is hereby amended by the substitution for subsection (5) of the following subsection:

“(5) (a) The Minister may make such regulations as he thinks proper in relation to elections of members of boards of conservators and every such election shall be carried out in accordance with the regulations (if any) made under this subsection.

(b) Without prejudice to the generality of paragraph (a) of this subsection, regulations under this subsection may provide for—

(i) nomination of candidates for election as members of boards of conservators,

(ii) postal voting at elections of members of boards of conservators.

(c) Regulations under this subsection may amend or repeal any provision of this section (other than this subsection) and, if regulations amending or repealing any provision of this section are made under this subsection, this section shall be construed and have effect subject to such amendment or repeal, as the case may be.”

7 Amendment of section 33 of Principal Act.

7.—Section 33 (which provides for the filling of casual vacancies in the membership of boards of conservators) of the Principal Act is hereby amended by the addition thereto of the following subsection:

“(3) A member of a board of conservators who is disqualified under section 31 shall not be eligible for election to any board of conservators under this section before the date of the election of conservators under section 27 to the last mentioned board next following the date of the disqualification.”

8 Amendment of section 49 of Principal Act.

8.—Section 49 (which relates to the Salmon Conservancy Fund) of the Principal Act is hereby amended by the insertion in paragraph (a) of subsection (9) after subparagraph (i) of the following subparagraph:

“(ia) such sums as he thinks proper towards the expenses of the inland fisheries consultative and advisory body known as the Council of Boards of Fishery Conservators,”.

9 Extension of powers of Court under sections 78 and 90 of Principal Act.

9.—(1) Where, pursuant to the powers conferred on it by section 78 or section 90 (which sections provide for the forfeiture of certain fishing licences), as amended by subsection (2) of this section, of the Principal Act, a Court directs a fishing licence or an oyster fishing licence, as the case may be, to be forfeited, the Court may, in addition, declare that the holder of the licence directed to be forfeited shall be disqualified for holding any such licence during such period not exceeding one year as the Court may specify and, where the Court declares that a person shall be disqualified for holding a licence of any particular kind, the holder shall be disqualified for holding a licence of that kind during the period specified by the Court and, notwithstanding anything contained in sections 71, 76 and 280 of the Principal Act, a licence of that kind shall not be issued to such holder in respect of the period specified by the Court.

(2) Section 90 of the Principal Act is hereby amended by—

(a) the substitution in subsection (1) of “fishing licence or licences or an oyster fishing licence or licences” for “licence or licences to fish for salmon or trout”, and

(b) the insertion after subsection (2) of the following subsection:

“(3) Where a person who is not the holder of a fishing licence or an oyster fishing licence is convicted of an offence under any provision of this Act, the Court by whom the person is convicted may, in addition to any other penalty, declare that the person shall be disqualified for holding a fishing licence or an oyster fishing licence during such period not exceeding one year as the Court may specify and, where the Court declares that a person shall be disqualified for holding a licence of any particular kind, the person shall be disqualified for holding a licence of that kind during the period specified by the Court and, notwithstanding anything contained in sections 71, 76 and 280 of this Act, a licence of that kind shall not be issued to such person in respect of the period specified by the Court.”

10 Possession of nets, etc., for purposes of section 96 of Principal Act.

10.—Where a person is charged with an offence under section 96 (which restricts the possession of illegal nets and instruments) of the Principal Act in relation to a net, other instrument, lureor bait found on his person or in a boat or vehicle belonging to, or on any lands, tenements or hereditaments occupied by, him, he shall (unless he satisfies the Court that, without his knowledge or consent, another person put the net, other instrument, lure or bait, as the case may be, in the place where it was found) be deemed, for the purposes of the said section 96, to have in his possession or control the net, other instrument, lure or bait, as the case may be.

11 Use of fixed engines for the capture of eels.

11.—The Minister may by bye-law authorise, subject to such conditions as he thinks proper, the placing, erection, fishing with and use of any fixed engine for the capture of eels, at any specified place in tidal waters and, where a bye-law under this section is in force, then, notwithstanding anything contained in sections 102 and 103 (which prohibit the placing or use of fixed engines in certain places) of the Principal Act, the placing, erection, fishing with or use, in accordance with the conditions (if any) specified in the bye-law, of any fixed engine for the capture of eels at the place, shall not be an offence under the said section 102 or 103.

12 Guiding walls.

12.—(1) The Minister may, if he so thinks fit and subject to such conditions (if any) as he may specify, grant exemption either for a limited time or without limitation as to time in relation to a specified fishing weir or fishing mill dam used solely for the capture of eels from the provisions of section 114 (which relates to the construction of guiding walls appurtenant to fishing weirs and fishing mill dams) of the Principal Act.

(2) The Minister may, at any time, revoke or amend an exemption given under this section.

13 Amendment of section 139 of Principal Act.

13.—Section 139 (which defines “the weekly close time”) of the Principal Act is hereby amended by the substitution for subsection (2) of the following subsection:

“(2) Where bye-laws under section 9 are in force varying the weekly close time referred to in subsection (1) or (3) of this section, references in this Act to that weekly close time shall be construed as references to that weekly close time as so varied.”

14 Application for certificate of fitness to hold Part X licence.

14.—(1) A person making an application to a District Justice under section 158 (which provides for the granting by the District Court of a certificate of fitness to hold a Part X licence) of the Principal Act for a certificate under that section in relation to a salmon dealer's or salmon exporter's licence shall give notice in writing of the application to the board of conservators for each fishery district in which he carries on or proposes to carry on the business of selling or exporting (as the case may be) salmon and trout not less than fourteen days before the date of the hearing of the application and each such board shall, through its clerk or other officer nominated by the board for the purpose, be entitled to appear in Court and be heard on the hearing of the application.

(2) For the purposes of subsection (1) of this section the Moville Area shall be deemed to be a fishery district and the Foyle Fisheries Commission shall be deemed to be the board of conservators therefor.

15 Amendment of section 163 of Principal Act.

15.—Section 163 (which provides for the keeping of registers by dealers in and exporters of salmon and trout) of the Principal Act is hereby amended by—

(a) the insertion after subsection (3) of the following subsection :

“(3A) It shall be the duty of every holder of a Part X licence to preserve and retain any register kept by him in pursuance of this section for a period of six months after the expiration of the latest year in which an entry was made in that register.”, and

(b) the insertion in subsection (4) after paragraph (c) of the following paragraph :

“(cc) fails to comply with the provisions of subsection (3A) of this section, or”.

16 Penalty for use or possession of deleterious matter.

16.—The following section is hereby substituted for section 164 of the Principal Act:

“164. (1) If any person uses in any waters any deleterious matter for the capture, destruction or injury of fish he shall be guilty of an offence under this section.

(2) If any person being on the bank of or near any waters has in his possession or under his control any deleterious matter he shall be guilty of an offence under this section.

(3) It shall be a good defence to a charge under subsection (2) for the defendant to prove that the deleterious matter was in his possession or under his control for an innocent purpose.

(4) Every person guilty of an offence under this section shall be liable—

(a) on summary conviction, to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment,

(b) on conviction on indictment, to a fine not exceeding five hundred pounds or to imprisonment for a term not exceeding two years or to both such fine and such imprisonment.

(5) Subsection (1) of section 1 of the Probation of Offenders Act, 1907, shall not apply in relation to an offence under this section.

(6) Where a person is convicted of an offence under this section any deleterious matter found in his possession or control in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.”

17 Amendment of section 166 of Principal Act.

17.—(1) Section 166 (which provides a penalty for using certain instruments for taking fish) of the Principal Act is hereby amended by—

(a) the insertion in subsection (1) after “strokehaul,” of “snare, tailer,”, and

(b) the insertion in paragraph (a) of subsection (3) before “gaff” of “tailer or”.

(2) Where a person is charged with an offence under the said section 166 in relation to an instrument to which that section applies found on his person, in a boat or vehicle belonging to, or on any lands, tenements or hereditaments occupied by, him, he shall (unless he satisfies the Court that, without his knowledge or consent, another person put the instrument in the place where it was found) be deemed, for the purposes of the said section 166, to have the instrument in his possession or control

18 Amendment of section 172 of Principal Act.

18.—Section 172 (which provides for the protection of water from pollution) of the Principal Act is hereby amended by—

(a) the deletion of subsection (1), and

(b) the substitution of “deleterious matter” for “deleterious liquid” in subsection (2).

19 Amendment of section 219 of Principal Act.

19.—(1) Section 219 (which contains definitions for the purposes of Part XIII of the Principal Act) of the Principal Act is hereby amended by the substitution for the definition of “Irish sea-fishing boat” of the following definition:

“‘Irish sea-fishing boat’ means a sea-fishing boat which either—

(a) (i) is registered in the State under Part IV of the Merchant Shipping Act, 1894, and

(ii) in the case of a boat becoming registered under the said Part IV after the 1st day of July, 1962, and exceeding thirty-five feet over all in length, is registered under the Mercantile Marine Act, 1955,

or

(b) (i) is exempted from registration under the said Part IV by regulations under section 373 of the Merchant Shipping Act, 1894, and

(ii) is wholly owned by an Irish citizen or a body corporate established under and subject to the law of the State and having its principal place of business in the State;”

(2) There may be prescribed from time to time, if the Minister so thinks fit, a number of feet other than thirty-five for the purposes of the definition of “Irish sea-fishing boat” (inserted by this section) in section 219 of the Principal Act and, where a number of feet stands prescribed under this subsection, the reference in the said definition to thirty-five shall be deemed to be a reference to that number and the definition shall be construed and have effect accordingly.

(3) A certificate under the hand of the registrar of ships for the purposes of the Merchant Shipping Act, 1894, and the Mercantile Marine Act, 1955, at any port of registry in the State that a boat specified in the certificate is not registered in accordance withparagraph (a) of the definition of “Irish sea-fishing boat” (inserted by this section) in section 219 of the Principal Act at that port of registry shall be conclusive evidence that the boat is not so registered and certificates as aforesaid in relation to every port of registry in the State shall be conclusive evidence that the boat is not so registered in the State and it shall not be necessary to prove the signature of a registrar or that he was in fact a registrar.

20 Restriction of section 10 of Petty Sessions (Ireland) Act, 1851.

20.—Paragraph 4 (which prescribes time limits for the making of complaints in cases of summary jurisdiction) of section 10 of the Petty Sessions (Ireland) Act, 1851, shall not apply to a complaint in respect of an offence under section 221, 222 or 223 of the Principal Act.

21 Amendment of section 228 of Principal Act.

21.—Section 228 (which prohibits having undersized sea-fish in possession for sale on board a sea-fishing boat) of the Principal Act is hereby amended by the insertion in subsection (3) after “destroyed” in both places where it occurs of “or returned to the sea”.

22 Amendment of section 229 of Principal Act.

22.—Section 229 (which prohibits the landing or selling of undersized sea-fish) of the Principal Act is hereby amended by—

(a) the insertion in subsection (3) after “destroyed” in both places where it occurs of “or returned to the sea”, and