Fisheries Act , 1980

PART I Preliminary and General

1 Short title, collective citation and construction.

1.—(1) This Act may be cited as the Fisheries Act, 1980.

(2) The Fisheries Acts, 1959 to 1978 and this Act may be cited together as the Fisheries Acts, 1959 to 1980.

(3) The Fisheries Acts, 1959 to 1976, the Fisheries (Amendment) Act, 1978, and this Act shall be construed together as one.

2 Interpretation.

2.—(1) In this Act—

“the Act of 1962” means the Fisheries (Amendment) Act, 1962;

“the Act of 1977” means the European Assembly Elections Act, 1977;

“the appointed day” means the day appointed by the Minister under section 3;

“the arbitrator” has the meaning assigned to it by section 44 (2);

“board”, except in Part II of the Second Schedule or where the context otherwise requires, means the Central Board or a regional board;

“the Central Board” has the meaning assigned to it by section 7 (1);

“the Central Board's transferred staff” has the meaning assigned to it by section 29 (1);

“the Commissioners”, except in sections 27 and 28, means the Commissioners of Public Works in Ireland;

“easement” includes a profit prendre and any right in or over water;

“election year”, subject to section 15 (2), means the year fixed by the Minister under section 12 (5) and every fifth successive year thereafter;

“the European Communities” means the European Economic Community, the European Coal and Steel Community and the European Atomic Energy Community;

“fisheries region” has the meaning assigned to it by section 10;

“functions” includes powers and duties;

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

“the proposed servient tenement” means the land over which the route of a way-leave or right of way shown on a plan referred to in section 37 (3) or section 39 (2) passes;

“Register of Trout, Coarse Fish and Sea Anglers” has the meaning assigned to it by section 58 (1);

“the required right of way” has the meaning assigned to it by section 39 (1);

“regional board” has the meaning assigned to it by section 10 (3);

“the regional board's transferred staff” has the meaning assigned to it by section 30 (1);

“the Salmon Conservancy Fund” means the fund described in section 49 of the Principal Act;

“strokehaul” means any weighted instrument or device which may be used, whether with a rod and line or otherwise, to foul-hook fish;

“the Trust” means Iontaobhas Iascaigh Intíre Ioncorportha (The Inland Fisheries Trust Incorporated).

(2) Apart from section 8 (1), (b), insofar as it enables the Minister to give directions for the protection of molluscs, section 8 (1) (g) and subparagraphs (iii) and (iv) of section 11 (1) (c) of this Act, nothing in this Act shall be construed as enabling the Minister to give directions in relation to sea-fish or stocks of sea-fish or as assigning to either the Central Board or a regional board any function in relation to sea-fish or stocks of sea-fish.

3 Appointed day.

3.—The Minister may by order appoint a day to be the appointed day for the purposes of this Act.

4 Fishery year.

4.—(1) The Minister may by order specify that any reference to a fishery year in the Principal Act shall on and after such 31st day of December as may be specified in the order be construed and have effect as a reference to a period which is co-extensive with the calendar year.

(2) The Minister may as regards any provision contained in the Principal Act which relates to the determining, making, levying, collection or recovery of fishery rates and which is directly or indirectly related to or affected by the order described in subsection (1) of this section adapt, modify or otherwise amend the provision in such manner as he considers is appropriate having regard to the provision.

(3) Where an order under this section is for the time being in force, the Principal Act shall be construed and have effect subject to and in accordance with the provisions of the order.

5 Orders.

5.—(1) Subject to sections 10 (1) (b) and 54 (6) of this Act and to subsection (5) of this section, the Minister may by order amend or revoke an order made under section 8 (3) (b), 10, 11, 15, 24 (6), 54, 55, 56, or 57 of this Act, this subsection or section 81 (3) or 159 (6) of the Principal Act (inserted by sections 68 and 69, respectively, of this Act).

(2) (a) Subject to paragraph (b) of this subsection, the Minister may—

(i) by order amend an order made under section 37, 38, 39 or 42 of this Act,

(ii) by order amend an order made under subparagraph (i) of this paragraph.

(b) In case the Minister proposes to amend an order under section 37, 38 or 39 of this Act or this subsection, the following provisions shall apply:

(i) the Minister shall as soon as may be give notice in writing of his intention to amend the order to the Arbitrator who shall cause to be published a notice of the Minister's said intention in such newspapers and in such manner as the Arbitrator shall determine,

(ii) the Minister shall give notice in writing of his said intention to any person by whom an appeal relating to the order proposed to be amended was brought under this Act, or, in case the order is an order under subparagraph (ii) of paragraph (a) of this subsection, to any person by whom an appeal relating either to the original order under section 37, 38 or 39 of this Act or to any order under the said paragraph (a) which relates to such original order was so brought, or, if in either case any such person is deceased, to his personal representative,

(iii) the Minister shall not make the order unless a draft thereof has been submitted to and approved of under this paragraph by the Arbitrator,

(iv) the Arbitrator shall not determine an application under this paragraph by the Minister before the expiration of the period of thirty days beginning on the day on which the relevant notice is published pursuant to this subparagraph, or in case such publication is made on different days the day of the first such publication,

(v) any one or more of the following may, within such period of thirty days or such longer period as the Arbitrator may determine, serve on the Minister a notice of his intention to make an application to the Arbitrator in relation to the proposed order, namely:

(I) any person by whom such an appeal was so brought, or, in case such person is deceased, his personal representative, or

(II) the person who, immediately before the making of the order proposed to be amended, was the owner of the fishery or land acquired by that order or the successor in title of such person, or, if any right has been acquired by such order, the person who immediately prior to the making of the said order was entitled to the enjoyment of such right or the successor in title of such person, or, if such order was made under section 39 of this Act, the owner of the relevant servient tenement,

(vi) in case a notice is served on the Minister pursuant to this paragraph the Arbitrator shall, before deciding whether or not to approve of the proposed order, give the person by whom the notice was served an opportunity of being heard (either in person or through counsel or a solicitor), and

(vii) the Arbitrator may in determining the matter approve of the draft of the order in the form proposed by the Minister, approve of such draft subject to such amendments as the Arbitrator shall specify or refuse to give his approval.

(3) (a) The Commissioners may by order under their seal amend an order made by them under section 40 of this Act.

(b) The Irish Land Commission may by order under their seal amend an order made by them under section 41 of this Act.

(4) If in relation to an application under subsection (2) (b) of this section the Arbitrator is satisfied that after diligent inquiry a person to whom notice is required by subsection (2) (b) (ii) of this section to be given by the Minister cannot be found or ascertained, the Arbitrator may determine the application, notwithstanding the fact that such person cannot be found or ascertained.

(5) Subsection (7) of section 68 of the Principal Act (inserted by section 3 of the Fisheries (Amendment) Act, 1976) shall apply as regards an order under this section by which it is proposed to amend an order made under section 81 (3) or 159 (6) of the Principal Act (inserted by sections 68 and 69, respectively, of this Act), as it applies as regards an order made under section 68 of the Principal Act.

6 Repeals.

6.—(1) The Principal Act is hereby repealed to the extent specified in column (2) of the First Schedule to this Act.

(2) In subparagraph (i) of section 33 (b) of the Act of 1962 the words “(provided that it has been fixed not less than three years previously)” are hereby repealed.

(3) Subsection (1) of this section, except in so far as it amends section 163 of the Principal Act and repeals clause (b) of paragraph 2 (1) of the Fifth Schedule to that Act, shall come into force on the appointed day.

PART II Central Fisheries Board and Regional Fisheries Boards

CHAPTER I Central Fisheries Board

7 Central Fisheries Board.

7.—(1) On the appointed day there shall be established a body to be known as the Central Fisheries Board (which body is in this Act referred to as “the Central Board”) to perform the functions assigned to it by this Act.

(2) The provisions of Part I of the Second Schedule to this Act shall have effect with respect to the Central Board.

8 Functions of Central Board.

8.—(1) (a) The Central Board shall—

(i) co-ordinate and, where it considers it necessary so to do, direct the performance by regional boards of the functions assigned to them under this Act,

(ii) ensure that any fishery, hatchery or fish farm which is in its possession or occupation is managed, conserved, protected, developed and improved, or otherwise dealt with, both properly and in accordance with any direction given by the Minister under paragraph (b) of this subsection,

(iii) ensure that directions given by the Minister under this section are carried into effect,

and in performing the function mentioned in subparagraph (i) of this paragraph the Central Board shall ensure that regional boards in the performance of their functions have regard to such directions by the Minister under this section as are for the time being in force.

(b) The Minister may from time to time give to the Central Board directions containing general policy for the management, conservation, protection, development and improvement of fisheries or for the protection of molluscs, and the Central Board shall, if so directed by the Minister, as soon as may be, communicate to every regional board any direction given by the Minister under this paragraph.

(c) (i) The Central Board shall within the period of two years beginning on the appointed day (or such longer period as the Minister may allow) prepare and submit to the Minister for his consideration an inland fisheries development programme.

(ii) Where the Central Board has prepared and submitted a development programme under this subsection, it shall from time to time as occasion may require, and at least once in every five years after the date of the submission to the Minister of the programme, review the programme and make in it any variations whether by way of alteration, addition or deletion which it considers proper and shall submit to the Minister for his consideration the results of the review.

(iii) A programme under this subsection may contain recommendations regarding the conservation of inland fisheries and may have regard to any programme under section 11 of this Act.

(d) The Central Board may make recommendations to the Minister as to the exercise by the Minister of the powers conferred on him by section 29 of the Act of 1962, the levels of fishery rates, fishery licence duties payable under the Fisheries Acts, 1959 to 1980, and levies payable under section 55 of this Act.

(e) (i) The Central Board may with the approval of the Minister provide education courses or facilities for training or otherwise instructing persons in any matter relating to the management, conservation, protection, development or improvement of fisheries,

(ii) subject to the approval of the Minister, the Central Board may as regards any course or facility provided in pursuance of this paragraph charge fees of such amount as may be so approved.

(f) The Central Board may, subject to the payment to it of such fees as it shall determine, provide such services regarding the management, conservation, protection, development or improvement of fisheries, or such other matter relating to fisheries, or the promotion of such other matter so relating, as it shall think fit.

(g) Subject to section 2 (2) of this Act, the Central Board may as regards any fishery carry out such research or experimental work as it considers necessary for the performance of its functions but this paragraph shall not be construed as enabling the Central Board to carry out research or experimental work on, or in relation to, any species of fish which is sea-fish within the meaning of Part XIII of the Principal Act, other than research which is similar or analogous to research in relation to sea-fish which was being carried on by the Trust prior to its dissolution.

(2) The Central Board may, for so long and subject to such conditions as it shall determine, place under the care and management of a regional board any fishery, hatchery or fish farm which is in its possession or occupation.

(3) (a) The Minister may, if he thinks fit, authorise the Central Board to engage in the processing and marketing of such species of fish as are specified in the authorisation.

(b) The Minister may by order assign to the Central Board such other functions relating to fisheries (being functions additional to the functions assigned to the Central Board by this Act) as he thinks fit.

9 Transfer of certain properties of boards of conservators to Central Board.

9.—(1) On the appointed day the following properties (including all easements, rights, powers and privileges relating to or connected with any such property), being properties occupied by or on behalf of boards of conservators, shall be transferred to the Central Board, namely, the properties known as—

(a) Carrowmore Lake Hatchery, County Mayo,

(b) Inistioge Hatchery, County Kilkenny,

(c) Mallow Hatchery and Rosnalee Weir, County Cork,

(d) Cong Hatchery, County Galway,

(e) Virginia Hatchery and Eel Weir, County Cavan,

and each of which is described in the Third Schedule to this Act, including the buildings, offices and out-offices thereon and any machinery, equipment or other moveable property which was on those properties immediately before the appointed day and was used for or in connection with the culture of fish.

(2) The properties referred to in this section shall on the appointed day without any conveyance or assignment become and be vested in or the property of or held in trust or subject to conditions for (as the case may require) the Central Board for all the estate, term or interest by which they were held immediately before the appointed day but subject to all trusts, equities, interests, conditions, rights and statutory requirements affecting the properties and then subsisting and capable of being performed.

(3) On and after the appointed day every debt and other liability (including any unliquidated liability) which, immediately before the appointed day, is owing and unpaid and has been incurred and is undischarged by a board of conservators in relation to any property transferred to the Central Board by this section shall, on such day, become and be the debt or liability of the Central Board and shall be paid or discharged by, and may be recovered from or enforced against, the Central Board accordingly.

(4) Where by virtue of this section any easement or other right over land or any other estate or interest in land is vested in or becomes the property of or is held in trust or subject to a condition for the Central Board and immediately prior to the appointed day such right or other estate or interest was vested in or the property of or was held in trust or subject to a condition for a person other than a board of conservators, compensation shall be payable in respect of—

(a) the right or other estate or interest acquired by the Central Board by virtue of this section,

(b) any other diminution in the value of any right over land or other estate or interest of such person by reason of such acquisition,

(c) any other loss incurred by such person by reason of such acquisition,

and the compensation together with any interest payable thereon by virtue of this subsection shall be paid by the Central Board.

(5) Subsections (2), (3), (6), (7) and (8) of section 43 of this Act shall apply as regards compensation payable under this section as they apply as regards compensation payable under that section.

(6) References in this section to a board of conservators shall be construed as including a reference to a person who, immediately before the appointed day, stands appointed under section 51 of the Principal Act.

CHAPTER II Fisheries Regions and Regional Boards

10 Fisheries regions and regional boards.

10.—(1) (a) Subject to paragraph (b) of this subsection and to compliance with the requirement of subsection (2) of this section, the Minister may by order create, either by union, sub-division or otherwise, such regions (each of which is in this Act referred to as a “fisheries region”) as appear to him to be appropriate having regard to the purposes of this Act and such order shall specify the name of each fisheries region so created.

(b) An order under this section, other than the order referred to in subsection (2) of this section, shall not be made by the Minister without the consent of the Minister for the Public Service.

(2) As soon as may be after the passing of this Act an order shall be made by the Minister under subsection (1) of this section creating seven, and only seven, fisheries regions in the State and such order shall be the first order to be made under this section and shall come into force on the appointed day.

(3) Where an order is made under this section, there shall, by virtue of the order, be established in relation to any fisheries region created by the order a board (in this Act referred to as a “regional board”) and such board shall be known as “The___ Regional Fisheries Board” (the name of the fisheries region being inserted) and shall perform as regards the fisheries region in relation to which it is established the functions assigned to a regional board by this Act.

(4) (a) A regional board shall be comprised of such number of members as shall be specified in the order establishing the relevant fisheries region and of whom—