Fisheries Act , 1980

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

(10) Where a fishery is acquired by the Central Board under this section, then, notwithstanding the existence in relation to the fishery of any public right to fish, the Central Board shall have power to prohibit or control the taking of fish from the fishery.

(11) The provisions contained in the Fifth Schedule to this Act shall, as the context requires, apply in relation to any or all of the following, namely, an application to the Minister under subsection (1) of this section, an authorisation or order under this section, an application for such an order, or a decision by the Minister or an appeal to the Arbitrator under this section.

38 Acquisition of portions of rivers or lakes contiguous to certain weir (freshwater) fisheries.

38.—(1) Where the bed and soil of any portion of a river or lake contiguous to a fishery to which this section applies, is not in the same ownership as such fishery, the Minister may, if to him it appears necessary or expedient for the maintenance, operation, improvement or development of such fishery, by order transfer to—

(a) in case such bed and soil is contiguous to a fishery owned by the Minister, the Minister,

(b) in case such bed and soil is contiguous to a fishery acquired by the Central Board under section 37 of this Act, the Central Board,

so much of such bed and soil, not exceeding fifty yards (45.72 metres) either above or below, of fifty yards (45.72 metres) above and fifty yards (45.72 metres) below, such fishery, as the Minister shall specify in the order.

(2) An order under this section shall be expressed and operate to transfer to the Minister or the Central Board, as the case may be, as on and from the date specified therein in that behalf the bed and soil of the portion of the river of lake to which the order relates, in fee simple, free from encumbrances and from all estates and interests therein (except such angling right, if any, as may be reserved by the order).

(3) Section 37 (6) (b) of, and Articles 4, 5, 8 and 9 of the Fifth Schedule to, this Act shall, with the necessary modifications, apply to an order under this section.

(4) Nothing in this section shall enable the Central Board to acquire compulsorily any land vested in the State.

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

(6) This section applies to a fishery which is either owned by the Minister or acquired by the Central Board under section 37 of this Act and which, in either case, is a weir (freshwater) fishery.

(7) In this section “weir (freshwater) fishery” means a fishery for salmon, trout or eels carried on in freshwater by means of a fishing weir, and the structure of such weir and the land on which such weir is erected and all other rights of fishing for salmon, trout and eels in or on the site of such fishery.

39 Right of way (acquisition).

39.—(1) The Central Board or a regional board may apply to the Minister for an order under this section effecting the compulsory acquisition of a right of way (in this Act referred to as “the required right of way”) by a particular route over any land.

(2) Every application for an order under this section shall indicate, by reference to a plan sent with the application, the right of way sought to be acquired.

(3) Where an application for an order under this section is made, subject to subsection (4) of this section, the following provisions shall apply:

(a) the Minister, after considering the application—

(i) if he is satisfied that the right of way sought is either required to enable the applicant to perform a function assigned to the applicant under this Act or is necessary to enable fishermen to gain access to fishing waters for the purpose of lawfully fishing and, in either case, that, in the circumstances of the case, to make an order under this section would be reasonable, may make an order creating a right of way (being, as he thinks fit, either the required right of way or another right of way) over the proposed servient tenement, or

(ii) refuse the application;

(b) if the Minister makes an order under this section, the occupier or the owner of the proposed servient tenement may, within the period of two months beginning on the day on which the order is made, serve on the Minister a notice of appeal to the Arbitrator against the order, and the Arbitrator may, on such appeal—

(i) if he is so satisfied, confirm the order, or confirm the order but alter the route over the proposed servient tenement of the right of way thereby created, or

(ii) if he is not so satisfied, revoke the order;

(c) if the Minister refuses to make an order under this section, the applicant may, within the period of two months beginning on the date of such refusal, serve on the Minister a notice of appeal to the Arbitrator against such refusal, and the Arbitrator may, on such appeal—

(i) confirm the refusal, or

(ii) if he is so satisfied, make an order under this section creating a right of way (being, as he shall think fit, either the required right of way or another right of way) over the proposed servient tenement,

(d) if the Minister makes an order under this section but thereby creates a right of way other than the required right of way, the applicant may, within the period of two months beginning on the day on which the order is made, serve on the Minister a notice of appeal to the Arbitrator against the order, in so far as it creates a right of way other than the required right of way, and the Arbitrator may, on such appeal—

(i) confirm the order as made by the Minister, or

(ii) vary such order by substituting a right of way over the proposed servient tenement different from that specified in the order.

(4) Where an application is made under this section, neither the Minister nor the Arbitrator shall exercise the power conferred on him by this section to create or substitute a right of way different from that indicated in accordance with subsection (2) of this section without first affording to the person on whom, pursuant to Article 1 (c) (i) of the Fifth Schedule to this Act, notice has been served an opportunity of stating why the power should not be exercised.

(5) The provisions contained in the Fifth Schedule to this Act shall, as the context requires, apply in relation to either an order under this section or an application for such an order.

40 Transfer of fisheries to Minister or Central Board by Commissioners.

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

(2) An order made under this section shall operate to vest in the Minister or the Central Board, as may be appropriate, without any further or other conveyance, all the estate and interest of the Commissioners in every fishery and fishing right and in all lands, way-leaves, water-rights, rights of access and other easements or other rights purported to be transferred to the Minister or the Central Board by the order.

41 Transfer of fisheries to Minister or Central Board by Irish Land Commission.

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

(2) An order made under this section shall operate to vest in the Minister or the Central Board, as may be appropriate, without any further or other conveyance, all the estate and interest of the Irish Land Commission in every fishery and fishing right and in all lands, way-leaves, water-rights, rights of access and other easements or other rights purported to be transferred to the Minister or the Central Board by such order.

42 Transfer of certain fisheries to Central Board by Minister.

42.—(1) The Minister may, with the consent of the Minister for Finance, transfer to the Central Board by order any fishery or fishing right to which this section applies.

(2) This section applies to—

(a) any fishery or fishing right acquired by or vested in the Minister under the Forestry Acts, 1919 and 1928, or the Forestry Acts, 1946 to 1976, or so vested by virtue of the Forestry (Redistribution of Public Services) Order, 1933,

(b) any fishery or fishing right transferred to the Minister under section 40 or 41 of this Act,

(c) any fishery or fishing right otherwise acquired by the Minister.

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

43 Compensation.

43.—(1) Subject to subsection (3) of this section, the exercise of any power under section 18, 37, 38 or 39 of this Act shall be subject to payment of compensation in respect of—

(a) any estate or interest in any fishery, or any other estate or interest in land, acquired under or by virtue of this Act,

(b) any easement or other right in, over, under or in respect of land or any estate or interest in an easement or such another right, so acquired,

(c) any diminution, by reason of the exercise of the power, in the value of any easement or other right in, over, under or in respect of land, or any other estate or interest in any land or in any easement or such right,

and the compensation, together with any interest payable thereon by virtue of subsection (2) of this section, shall be paid by—

(i) in case the power is exercised under the said section 37, the Central Board, and

(ii) in any other case, the person in whose favour the power is exercised.

(2) (a) Subject to paragraph (b) of this subsection, where compensation is payable to a person under this section in respect of the exercise of a power under this Act, there shall be paid in accordance with subsection (1) of this section interest on the amount of the compensation payable to the person, at such rate as shall be determined from time to time for the purposes of this section by the Minister for Finance, from the date on which the power is exercised until the payment of such compensation.

(b) If—

(i) the person by whom compensation under this section is payable makes an unconditional offer in writing of any sum as compensation to the person to whom the compensation is payable, and

(ii) the offer is not accepted by the person to whom it is made, and

(iii) the sum awarded as compensation by the official arbitrator does not exceed the sum so offered,

no interest shall be payable on such compensation.

(3) A claim under this section for payment of compensation shall, in default of agreement, be determined by arbitration under the Acquisition of Land (Assessment of Compensation) Act, 1919, as amended by any subsequent enactment, in like manner in all respects as if such claim arose in relation to compulsory acquisition of land, and for this purpose the Central Board or the regional board concerned, as may be appropriate, shall be deemed to be a public authority within the meaning of the said Act, and the reference in section 69 (1) of the Local Government (Planning and Development) Act, 1963, to a planning authority shall be construed as including a reference to the Central Board or to such regional board, as may be appropriate.

(4) The following provisions shall have effect in relation to the fixing of the compansation payable under this section in respect of a fishery to which an authorisation under section 37 of this Act relates, namely, the Central Board or the official arbitrator, as may be appropriate, may have regard to the following:

(a) the current market value of the fishery,

(b) evidence of profitability of the fishery by reference to both—

(i) profits for a period ending prior to such authorisation, and

(ii) a profit forecast regarding the fishery which is—

(A) related to a period equal in length to the period referred to in subparagraph (i) of this paragraph but beginning on a day which is subsequent to such authorisation, and

(B) estimated both on a reasonable basis and on the assumption that the fishery continued to be used by the occupier and had not been so acquired.

(5) Sections 69 to 74 and 76 to 80 of the Lands Clauses Consolidation Act, 1845, shall apply to any compensation payable under this section, and for the purposes of such application the Central Board or the regional board concerned, as may be appropriate, shall be deemed to be the promoter of the undertaking.

(6) A claim for compensation under this section shall be brought within—

(a) in case the person entitled to the compensation is a minor or a person of unsound mind, a period of six years from the date when such person ceases to be under such disability or dies, whichever event first occurs, but not more than thirty years after the exercise of the relevant power under this Act,

(b) in any other case, a period of six years from the date of the exercise of such power.

(7) Subject to paragraphs (a) and (b) of subsection (6) of this section, compensation under this section may be paid to the personal representatives of a person entitled thereto.

(8) In this section “the official arbitrator” means the official arbitrator under the Acquisition of Land (Assessment of Compensation) Act, 1919.

44 Arbitrator.

44.—(1) A person appointed under this section by the Minister is in this Act, other than section 43, referred to as “the Arbitrator”.

(2) In case the Minister receives a notice of appeal under section 37, 39 or 54 of this Act, or by virtue of section 38 (3) of this Act, he shall as soon as may be appoint a person, who shall be a barrister of not less than seven years' standing, to hear the appeal (which person is hereby authorised to determine the appeal).

(3) In case the Minister proposes to amend an order made under section 37, 38 or 39 of this Act, he shall as soon as may be appoint a person, who shall be a barrister described in subsection (2) of this section, to perform the functions assigned to the Arbitrator by subparagraphs (i), (iv), (v), (vi) and (vii) of section 5 (2) (b) of this Act.

45 Sale by Minister of certain fisheries, fishing rights and businesses.

45.—(1) The Minister may, with the consent of the Minister for Finance, sell (otherwise than to the Central Board) any fishery or fishing right vested in him, whether in pursuance of section 40 or 41 of this Act or otherwise, and also the goodwill and stock in trade and other assets of any business (being a business ancillary or incidental to the operation of a fishery) carried on by him at such price as he may with the concurrence of the Minister for Finance think proper.

(2) Any moneys received on a sale under this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.

PART IV Legal Proceedings, Penalties, etc.

46 Certain offences may be tried on indictment.

46.—(1) A person charged with an offence under section 65, 66, 69, 73, 94, 95, 96, 97, 127, 128, 129, 130, 132, 134, 135, 137, 140, 145, 146, 156, 176, 177 or 182 of the Principal Act may be tried on indictment.

(2) A person charged with an offence under section 28 (1) of the Act of 1962 may be tried on indictment and shall, on conviction on indictment, be liable to a fine of an amount not exceeding £2,000 together with an amount not exceeding £50 for each salmon and £5 for each trout in respect of which the offence is committed, or at the discretion of the court, to imprisonment for a term not exceeding two years or to both such fine and such imprisonment.

(3) A person charged with an offence under section 29 of the Act of 1962 may be tried on indictment and shall, on conviction on indictment, be liable to a fine not exceeding £2,000, or at the discretion of the court, to imprisonment for a term not exceeding two years or to both such fine and such imprisonment.

(4) A person charged with contravening a bye-law made by the Minister under section 9 of the Principal Act, being a bye-law which—

(a) prohibits the use, or attempt to use either generally or in a manner specified in the bye-law in fishing for salmon or trout, any drift net, or two or more drift nets joined together, or any drift net, or two or more drift nets so joined, which is of a specified class or description,

(b) prohibits the having on board any boat, either generally or in an area which is specified in the bye-law, any such drift net or nets,

(c) prohibits the use, or attempt to use, in fishing for salmon or trout, any net made wholly or partly from monofilament or multistrand monofilament, or

(d) prohibits the having on board any boat, or the possession for the capture of fish on any quay, on or near any bank of a river or estuary, or on or near any sea coast or at sea, any net mounted or otherwise prepared for use in fishing and made wholly or partly of monofilament or multistrand monofilament, or of monofilament or multistrand monofilament with a mesh greater than a size specified in the bye-law,

may be tried on indictment and shall, if convicted on indictment of an offence under the said section 9 be liable to a fine not exceeding £2,000, or at the discretion of the court, to imprisonment for a term not exceeding two years or to both such fine and such imprisonment.

(5) Any reference to summary conviction in any section of the Principal Act which is mentioned in subsection (1) of this section, or in section 28 or 29 of the Act of 1962, shall be construed as including a reference to conviction on indictment.

(6) Subsection (4) (inserted by section 3 of the Act of 1962) of section 9 of the Principal Act shall be construed and have effect in relation to bye-laws described in that subsection which are also bye-laws described in subsection (4) of this section as if the reference therein to summary conviction included a reference to conviction on indictment.

(7) The provisions of subsections (1), (2), (3) and (4) of this section are in addition to and not in substitution for section 309 (1) of the Principal Act (inserted by section 49 of this Act).

47 Jurisdiction.

47.—(1) Proceedings for any offence under section 65, 69, 97, 127, 140, 176, 182 or 285A (inserted by section 24 of the Act of 1962) of the Principal Act or section 29 of the Act of 1962 or for any offence against a bye-law described in section 46 (4) of this Act may be taken in any District Court District, and in case such proceedings are taken and apart from this section the Justice before whom the proceedings are brought would not have jurisdiction to hear and determine the proceedings, then for the purpose of conferring such jurisdiction the offence may be treated as having been committed within the District Court District to which such Justice is assigned.

(2) Where a person is sent forward for trial on indictment by the Circuit Court for an offence under section 65, 69, 97, 127, 140, 176, 182 or 285A (inserted by section 24 of the Act of 1962) of the Principal Act or section 29 of the Act of 1962 or for any offence against a bye-law described in section 46 (4) of this Act and apart from this subsection a judge of that court would, as regards the proceedings, not have power to exercise the jurisdiction vested in that court by section 25 (1) of the Courts (Supplemental Provisions) Act, 1961, then for the purpose of enabling that judge to exercise such jurisdiction the offence may be treated as having been committed in the circuit to which such judge is assigned.

48 Proof that boat is foreign sea-fishing boat.

48.—(1) Where in any proceedings for an offence under Chapter II of Part XIII of the Principal Act there is evidence from which it appears to the court that the sea-fishing boat to which the alleged offence relates, or on board which such offence is alleged to have been committed, is either of a foreign character or of foreign origin or that at or about the time of the alleged offence such boat—

(a) wore no flag or wore a flag other than the national flag, or

(b) had marked on her stern the name of any place other than a port mentioned in the Second Schedule to the Mercantile Marine Act, 1955, or

(c) had on board any books, papers or other documents from which it so appears that the boat was not an Irish ship,

then, until the contrary is shown, such evidence shall be sufficient to prove that such boat is a foreign sea-fishing boat.

(2) Where in proceedings for an offence under Chapter II of Part XIII of the Principal Act it is proved that the sea-fishing boat to which the alleged offence relates, or on board which such offence is alleged to have been committed, wore at or about the time of the alleged offence a flag other than the national flag, the presumption raised by subsection (1) of this section, insofar as it depends on that proof, may be rebutted by the defendant proving that the flag so worn was not a flag distinctive of nationality.

(3) The provisions of this section are in addition to, and not in substitution for, those of section 19 (3) of the Act of 1962 (as amended by section 73 of this Act).

49 Trail of offences.

49.—The following subsection is hereby substituted for subsection (1) of section 309 of the Principal Act:

“(1) Notwithstanding anything contained in any other enactment, an offence under any provision of the Fisheries Acts, 1959 to 1980, other than a section specified in Table I to section 2 of the Fisheries (Amendment) Act, 1978, 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, the Central Board, a regional board, an officer or servant of a board, a private waterkeeper within the meaning of Part XVIII of this Act or any other person.”.

50 Alteration of certain penalties under Principal Act or Act of 1962.

50.—(1) A person convicted by the District Court of an offence for which a penalty is provided in any section of the Principal Act specified in column (2) of Part I of the Table to this section at any reference number shall, in lieu of so much of the penalty so provided as consists of a fine, imprisonment, a fine or imprisonment, or a fine and imprisonment, be liable to the appropriate penalty specified in column (3) of the said Part I at that reference number, and that section shall be construed and have effect accordingly.

(2) (a) A person convicted of an offence under subsection (4) of section 9 of the Principal Act (inserted by section 3 of the Act of 1962, other than an offence against a bye-law described in section 46 (4) of this Act) shall, in lieu of so much of the penalty specified in that subsection as consists of a fine, be liable to a fine not exceeding £200, and the said subsection (4) shall be construed and have effect accordingly.

(b) A person guilty of an offence against any bye-law, other than a bye-law described in section 46 (4) of this Act, in relation to which subsection (2) of section 9 of the Principal Act applies and which was made before the commencement of section 3 of the Act of 1962 shall, in lieu of so much of the penalty specified in section 32 (2) of the Act of 1962 as consists of a fine and notwithstanding anything contained in the said subsection (2), be liable to a fine not exceeding £200, and the said section 32 (2) shall be construed and have effect accordingly.

(c) A person convicted of an offence under subsection (4) of section 9 of the Principal Act (inserted by section 3 of the Act of 1962), being an offence against a bye-law described in section 46 (4) of this Act, shall, in lieu of so much of the penalty specified in that section as consists of a fine, be liable to a fine not exceeding £500, and the said subsection (4) shall be construed and have effect accordingly.

(3) (a) A person convicted on indictment of an offence under section 164 of the Principal Act (inserted by section 16 of the Act of 1962) shall, in lieu of the penalty specified in paragraph (b) of subsection (4) of that section, be liable to a fine not exceeding £2,000, or at the discretion of the court, to imprisonment for a term not exceeding two years or to both such fine and such imprisonment, and the said section 164 shall be construed and have effect accordingly.

(b) A person convicted on indictment of an offence under section 285A (1) of the Principal Act (inserted by section 24 of the Act of 1962) shall, in lieu of the penalty specified in paragraph (b) of that section, be liable to a fine not exceeding £2,000, or at the discretion of the court, to imprisonment for a term not exceeding two years or to both such fine and such imprisonment, and the said section 285A (1) shall be construed and have effect accordingly.

(c) A person convicted on indictment of an offence under section 65, 66, 73, 94, 95, 96, 97, 127, 130, 132, 134, 135, 137, 140, 145, 146, 156, 176, 177 or 182 of the Principal Act, as amended by section 46 (1) of this Act, shall be liable to a fine not exceeding £2,000, or at the discretion of the court, to imprisonment for a term not exceeding two years or to both such fine and such imprisonment.

(d) A person convicted on indictment of an offence under section 69, 128 or 129 of the Principal Act, as amended by section 46 (1) of this Act, shall be liable to a fine not exceeding £2,000 and in the case of a continuing offence to a further fine not exceeding £100 for each day during which the offence is committed, or at the discretion of the court, to imprisonment for a term not exceeding two years or to both such fine and such imprisonment.

(4) A person convicted by the District Court of an offence for which a penalty is provided in any section of the Act of 1962 specified in column (2) of Part II of the Table to this section at any reference number shall, in lieu of so much of the penalty so provided as consists of a fine, imprisonment, a fine or imprisonment, or a fine and imprisonment, be liable to the appropriate penalty specified in column (3) of the said Part II at that reference number, and that section shall be construed and have effect accordingly.

(5) Where a person is convicted of an offence under section 69 of the Principal Act, the engine in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.

(6) Where a person is convicted of an offence under section 95 of the Principal Act, the net in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forefeited.

(7) Where a person is convicted of an offence under section 152 of the Principal Act, the engine or other thing used to commit the offence shall, as a statutory consequence of conviction, stand forefeited.

(8) This section shall have effect as respects offences committed after the commencement of this section.

TABLE

PART I

Ref. No.	Section of Principal Act	Penalty
(1)	(2)	(3)
1.	12, 13, 80, 289, 305.	A fine not exceeding £50.
2.	49, 105, 106, 152, 153, 162, 240, 241, 242, 243, 255, 265, 286, 287, 288, 290, 294, 298, 303, 304, 306, 323.	A fine not exceeding £200.
3.	17, 65, 66, 73, 91, 92, 93, 112, 113, 119, 120, 121, 122, 125, 130, 140, 141, 143, 144, 145, 146, 163, 167, 168, 169, 178, 179, 180, 181, 237, 238, 239, 253, 273, 274, 277, 285, 291.	A fine not exceeding £500.
4.	69, 123, 128, 129.	A fine not exceeding £500 and, in the case of a continuing offence, a further fine (not exceeding in all £600) not exceeding £50 for each day during which the offence is continued.
5.	100.	A fine not exceeding £500 and, in the case of a continuing offence, a further fine (not exceeding in all £600) not exceeding £100 for each day during which the offence continues after conviction thereof.
6.	111.	A fine not exceeding £500 and a further fine (not exceeding in all £600) not exceeding £10 per day until the defendant restores the bed of the river in respect of which the offence under the said section 111 is committed to its original state.
7.	124.	A fine not exceeding £500 and a further fine (not exceeding in all £600) not exceeding £50 for each day during which the neglect referred to in the said section 124 continues.
8.	172.	A fine not exceeding £500 and a further fine (not exceeding in all £600) not exceeding £50 for each day during which the failure referred to in the said section 172 continues.
9.	127, 134, 135, 136, 137, 138, 177.	A fine (not exceeding in all £600) of an amount not exceeding £500 together with an amount not exceeding £50 for each salmon and £10 for each other fish in respect of which the offence under the section is committed.
10.	94.	A fine (not exceeding in all £600) of an amount not exceeding £500 together with an amount not exceeding £50 for each salmon and £10 for each other fish caught by means of any net used in the commission of the offence under the said section 94.
11.	95, 96, 97, 99, 102, 103, 104, 107, 110, 114, 116, 131, 132, 164, 165, 166, 170, 171, 173, 174, 183, 285A, 301, 308.	A fine not exceeding £500 or, at the discretion of the Court, imprisonment for any term not exceeding six months or both such fine and such imprisonment.
12.	156, 157, 176, 182.	A fine (not exceeding in all £600) of an amount not exceeding £500 together with an amount not exceeding £50 for each salmon and £10 for each other fish in respect of which the offence under the section is committed or, at the discretion of the Court, imprisonment for a term not exceeding six months or both such fine and such imprisonment.

PART II

Ref. No.	Section of Act of 1962	Penalty
(1)	(2)	(3)
1.	27.	A fine not exceeding £100.
2.	28(1).	A fine (not exceeding in all£600) of an amount not exceeding £200 together with an amount not exceeding £50 for each salmon and £10 for each trout in respect of which the offence is committed.
3.	28(3), 28(5)	A fine not exceeding £200.
4.	29.	A fine not exceeding £500 or, at the discretion of the Court, imprisonment for any term not exceeding six months or both such fine and such imprisonment.

51 Forfeiture of licences and consequential disqualification orders.

51.—The following is hereby substituted for section 90 of the Principal Act:

“90—(1) (a) Where—

(i) a person is convicted of any offence under this Act, other than an offence described in subsection (3) of this section, and

(ii) such person is the holder of a fishing licence or licences or an oyster fishing licence or licences,

the court by whom such person is convicted may, in addition to any other penalty, direct such licence or licences to be forfeited.

(b) Where a licence is directed to be forfeited under this subsection, such licence shall thereupon cease to be in force.

(2) (a) 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.

(b) Where a declaration is made under this subsection, the declaration shall operate to disqualify the person to whom it relates for holding a licence of the kind specified in the declaration, and notwithstanding anything contained in this Act a licence of that kind shall not be issued to such person in respect of the period specified in the declaration.

(3) (a) This subsection applies to the following offences, namely—

(i) an offence under section 65, 69, 73, 94, 95, 96, 97, 127, 128, 129, 130, 132, 134, 140, 145, 146, 176, 182, 285A (inserted by section 24 of the Act of 1962) or 301 of this Act,

(ii) an offence under section 29 of the Act of 1962,

(iii) an offence under any bye-law described in subsection (4) (inserted by section 3 of the Act of 1962) of section 9 of this Act which is also a bye-law described in section 46 (4) of the Fisheries Act, 1980.

(b) Where a person is convicted of an offence which is both an offence to which this subsection applies and a second or any subsequent such offence, the court by whom such person is convicted shall make an order (in this Act referred to as ‘a consequential disqualification order’) declaring him to be disqualified for holding an ordinary fishing licence in respect of any scheduled engine mentioned in Part II of the Fourth Schedule to this Act, and such order shall operate so to disqualify the person to whom it relates during the period of three years commencing on the date on which the order is made.

(4) Subject to subsection (5) of this section, in every case in which an appeal may be brought in respect of a conviction of an offence to which subsection (3) of this section applies, jurisdiction to make, confirm or annul a consequential disqualification order is hereby conferred on the appellate court.

(5) A consequential disqualification order shall not be annulled on appeal unless the conviction by reference to which it was made is reversed.”.

52 Payment of certain fines as compensation; delivery of oysters or other fish.

52.—(1) (a) Where a court imposes a fine or affirms or varies a fine imposed by another court for an offence mentioned in subsection (4) of this section of which a person was convicted, it may, at its discretion, on the application (made before the time of such imposition, affirmation or variation) of any person who was summoned as a witness on behalf of the prosecution in the proceedings in which the fine was imposed and who suffered loss or damage resulting, wholly or partly, from the offence, provide by order for the payment of the amount of the fine or of a specified part of it as compensation in respect of the loss or damage to the person making the application.

(b) An application shall not lie under paragraph (a) of this subsection in respect of any loss or damage if proceedings claiming damages for the loss or damage have been instituted in any court.

(2) If a person is convicted of an offence under section 54 (17) of this Act or section 253 of the Principal Act by reason of his having taken away oysters or other fish from an oyster bed or other place, if the oysters (or any of them) or the other fish in respect of which the offence was committed have or has not then been sold, they or it, as may be appropriate, shall, as a statutory consequence of conviction, stand forfeited, and the court may direct their or its delivery to the owner or occupier of the oyster bed or other place from which they or it were or was taken or the person to whom the relevant licence was granted or who is entitled to the benefit of such licence.

(3) Where pursuant to this section the whole or part of a fine is paid to a person and the person is awarded damages by a court in respect of the loss or damage to which the payment relates, the payment shall be deemed to be in satisfaction of so much of the damages as is equal to the amount of the payment.

(4) The offences referred to in subsection (1) of this section are offences under section 54 (17) of this Act or section 253 or 265 of the Principal Act.

53 Power of authorised officer to take boat to port, etc.

53.—Section 301 of the Principal Act is hereby amended by—

(a) the insertion in subsection (2) of the following paragraphs after paragraph (d):

“(da) if the boat contains or he believes or suspects that it contains fish unlawfully captured he may without summons, warrant or other process take the boat and all persons thereon to the nearest or most convenient port or other place, and if he decides to take the steps mentioned in subsection (2A) of this section, he may, pending the taking of those steps, detain the boat and the persons;

(db) he may for the purpose of exercising the power conferred on him by paragraph (da) of this subsection use such force as he may consider necessary;”,

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

“(2A) Where an authorised officer has in exercise of the powers conferred on him by this section taken any boat and the persons thereon to a port or other place, he shall, as soon as may be, bring the person who at the time the boat was so taken was, or who appeared to him to be, in charge of the boat, and any other person who was then thereon, and against whom, in either case, proceedings for an offence under section 65, 69, 73, 97, 127, 132, 140 or 182 of the Principal Act or section 29 of the Act of 1962 or for a contravention of a bye-law described in paragraph (a), (b), (c) or (d) of section 46 (4) of the Fisheries Act, 1980, are or are about to be instituted before a District Justice or, where no District Justice is immediately available, a Peace Commissioner, and thereupon the District Justice or Peace Commissioner (as the case may be) shall, if he is satisfied that the proceedings are or are about to be instituted against the person, by order directed to an authorised officer or officers require the authorised officer or officers to detain at a specified port or other place in the State either, as may be specified in the order, such boat and the person or persons brought before him or such boat only until the proceedings have been adjudicated upon by a District Justice, and the boat or the boat and such person or persons, as may be appropriate, shall be detained accordingly.”,

(c) the insertion of “, whether such loss or damage occurs by reason of something done personally by such officer or by a person acting under his orders,” before “unless” in subsection (6), and the said subsection (6), as so amended, is set out in the Table to this section.

TABLE

(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, whether such loss or damage occurs by reason of something done personally by such officer or by a person acting under his orders, unless such loss or damage was caused by him wantonly or maliciously.

PART V Aquaculture and Salmon Levy

54 Aquaculture.

54.—(1) (a) It shall not be lawful for any person at any place to engage in aquaculture save under and in accordance with a fish culture licence, an oyster bed licence, a licence granted by the Minister under this section or an oyster fishery order.

(b) Any person who engages in aquaculture in contravention of this subsection shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500.

(2) (a) Subject to the following provisions of this section, the Minister may by order designate an area specified in the order to be an area within which it shall be lawful to engage in aquaculture pursuant to and in accordance with a licence granted by the Minister under this section.

(b) An order under this section which designates an area which is wholly or partly comprised of an area of the sea, or an order amending such an order under this section, shall not be made without the consent of the Minister for Tourism and Transport.

(c) An area specified in an order under this subsection may be wholly or partly comprised of any waters which by virtue of section 10 (9) of this Act may be included in a fisheries region.

(3) Whenever the Minister proposes to make an order under this section or to amend such an order the following provisions shall apply:

(a) he shall deposit and keep deposited, at such place or each of the places as he shall determine for such period (being a period of not less than three weeks beginning on the date of publication of the notice referred to in paragraph (b) of this subsection) as he shall determine, such plan or plans or other documents as will show clearly both the area and the waters therein to which the proposed order is to apply;

(b) he shall publish in the Iris Oifigiúil and in at least one daily newspaper published in the State notice of the nature of the intended order, and in addition to the foregoing such notice shall state that—

(i) representations and objections as regards the proposed order may be made in writing to the Minister during the said period (which representations and objections are hereby authorised to be made), and

(ii) copies of the documents deposited pursuant to this section may be inspected at any reasonable hour during the said period, and the place or places at which such documents may be so inspected.

(4) (a) The Minister, having regard to any representations or objections made under subsection (3) of this section, may, if he thinks fit, appoint a person to hold an inquiry and report to him in writing in regard to the proposed order.

(b) Where the Minister appoints under this subsection a person to hold an inquiry, every person by whom an objection to or representation as regards the proposed order is made shall be entitled to appear and be heard (either in person or through counsel or a solicitor) at the hearing.

(5) (a) Where the Minister, having complied with the requirements of subsection (3) of this section and having considered any report made to him under subsection (4) of this section, or in case no such report is made, any representations made under the said subsection (3) and any objections so made which are not withdrawn, is of the opinion that, notwithstanding the existence of any public right to fish in the waters to which the proposed order if made would relate, it would be in the public interest were an order under this section to be made, he may make such an order in the form originally proposed or with such variation or amendment as in the circumstances of the case he considers appropriate.

(b) In case the Minister makes an order under this section he shall, as soon as may be, publish notice of the making thereof in the Iris Oifigiúil and in at least one daily newspaper published in the State.

(6) The Minister shall not revoke an order made under this section unless he is satisfied that it is in the public interest so to do.

(7) Any person who is aggrieved by the making of an order under this section may, within the period of twenty-eight days beginning on the day on which notice of the making of the order is published pursuant to this section in the Iris Oifigiúil, appeal to the High Court against the order and a decision of the High Court on such an appeal shall be final and not appealable.

(8) An order under this section shall come into force—

(a) in case no appeal in respect thereof is taken under this section, on the expiration of the period during which such an appeal may be taken,

(b) in case such an appeal is taken, on the day next following the day on which the order is confirmed on appeal, or in case the appeal is withdrawn, on the expiration of the period mentioned in paragraph (a) of this subsection or on the day next following the day on which the appeal is withdrawn, whichever is the later.

(9) (a) Subject to subsection (10) of this section the Minister may, whenever and so often as he thinks fit, on payment to him of the prescribed fee (if any), by licence (in this section referred to as an “aquaculture licence”) authorise, subject to such conditions as he thinks fit and specifies in the licence, a person specified in the licence to carry on at a place or in waters so specified, being a place or waters situated within a designated area, such operations in relation to aquaculture as may be so specified, and in addition to the foregoing the Minister may, if he thinks fit, specify in an aquaculture licence, by means of a map or otherwise, the boundaries or limits of the place or waters in relation to which the licence is granted.

(b) The Minister may, with the consent of the Minister for Finance, prescribe fees payable in respect of licences granted by the Minister under this section (other than licences under subsection (15)).

(c) Every fee received by the Minister under this section shall be paid into, and be disposed of for the benefit of, the Exchequer in such manner as the Minister for Finance shall direct.

(10) (a) An aquaculture licence shall not be granted to engage in aquaculture within the limits of any oyster bed or oyster fishery which is either an oyster bed or oyster fishery described in section 245 (2) (b) of the Principal Act or one to which an oyster bed licence or oyster fishery order relates, without the consent of the person who for the time being is beneficially entitled to the oyster bed or, as the case may be, oyster fishery.

(b) An aquaculture licence to engage in aquaculture within the limits of a several fishery shall only be granted—

(i) to the owner of such fishery, or

(ii) with the consent in writing of such owner.

(c) An aquaculture licence shall not be construed as taking away or abridging any right on, to or over any portion of the seashore which is enjoyed by any person in any manner described in section 267 of the Principal Act or any right of several fishery, without the consent of the person who is beneficially entitled to the right.

(d) Where an aquaculture licence is granted with the consent of any owner and a period is specified in such consent, the licence shall remain in force only for that period.

(e) Subject to paragraph (d) of this subsection, an aquaculture licence shall, as may be specified therein, be perpetual or terminable and shall be binding on the State and on all persons whatsoever and shall operate to enable the person to whom it is granted, his heirs, executors, administrators and assigns, to carry on, in accordance therewith, such operations as are therein specified, free from all prior or other rights, titles, estates or interests (if any), and in addition to the foregoing the person who is, for the time being, entitled to the benefit of the licence shall, by virtue of the licence, be entitled, within the boundaries or limits specified in the licence, to the exclusive right to conduct the operations so specified and in exercise of that right, may, subject to any condition specified in the licence in that regard—

(i) at any season deposit, propagate, collect or take any thing,

(ii) at any season take or remove any thing and deposit or place it where he thinks fit, and

(iii) do, make or maintain any thing in connection with or for the purposes of any such operation.

(f) The Minister may amend any aquaculture licence so as to give effect to any agreement or undertaking which, subsequent to the date of the licence, may have been given or entered into by or on behalf of any person entitled to the benefit of the licence with any other person.

(g) Sections 263 and 264 of the Principal Act shall with the necessary modifications each apply to any operation carried on pursuant to a licence under this section as they apply to an oyster fishery granted under an oyster fishery order.

(h) The Minister shall not after the commencement of this section either grant an oyster bed (1959 Act) licence or make an oyster fishery (1959 Act) order and sections 245 (1) and 256 of the Principal Act shall each be construed and have effect subject to the foregoing provisions of this paragraph.

(11) Notwithstanding anything contained in the Principal Act or any instrument thereunder, a licensee and any person acting under the directions of a licensee may, subject to the conditions specified in the licence, do any of the things authorised by the licence.

(12) (a) Subject to subsection (14) of this section, the Minister may revoke or amend an aquaculture licence if he considers that it is in the public interest so to do.

(b) Without prejudice to the generality of paragraph (a) of this subsection (but subject to subsection (14) of this section), the Minister may revoke an aquaculture licence if he is satisfied that there has been a breach of any condition specified in the licence or that the aquaculture fishery to which the licence relates is not being properly maintained.

(13) Where the Minister proposes to make an order under this section, a person may during the period specified in a notice published pursuant to subsection (3) of this section inspect at any reasonable hour any document deposited pursuant to the said subsection (3) in relation to the proposed order.

(14) The following provisions shall apply in relation to the amendment or revocation of an aquaculture licence—

(a) the Minister shall not amend or revoke the licence unless and until he has given by post to the licensee at least twenty-eight days notice in writing stating that the Minister has under consideration the amendment or revocation, as the case may be, of the licence,

(b) the notice shall also state—

(i) in case it states that the Minister has under consideration the amendment of the licence, the specified amendment under consideration and the grounds on which it is so under consideration, or

(ii) in case it states that the Minister has under consideration the revocation of the licence, the grounds on which such revocation is so under consideration,

(c) the Minister shall consider any representation in relation to such amendment or revocation, as the case may be, made to him by the licensee before the expiration of the notice,

(d) where pursuant to subsection (12) (a) of this section the Minister revokes an aquaculture licence, the licensee shall be entitled to be paid by the Minister compensation for any loss suffered by him by reason of the revocation, and in default of agreement the amount of such compensation shall be determined under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919.

(15) (a) A person who immediately before the passing of this Act was engaged in aquaculture may apply to the Minister for a licence under this subsection and the Minister shall if he is satisfied that the person was lawfully so engaged authorise, subject to such conditions as the Minister considers appropriate and specifies in the licence, the person to carry on at the place or in waters at or in which the aquaculture was so carried on (which place or waters shall be specified in the licence) the operations in relation to aquaculture in which the Minister is satisfied that the person was so engaged (which operations shall be so specified).

(b) (i) Subsection (10) (a) of this section shall apply to a licence under this subsection as it applies to an aquaculture licence.

(ii) Subsection (10) (e) of this section shall apply to a licence under this subsection but for the purposes of the foregoing shall be construed as if for “Subject to paragraph (d) of this subsection, an aquaculture licence shall, as may be specified therein be perpetual or terminable” there were substituted “a licence under subsection (15) of this section shall be perpetual”.

(c) Any person who is aggrieved by a decision of the Minister for a licence under this section may, not later than thirty days after the day on which the decision is given, serve on the Minister a notice of appeal to the Arbitrator against the decision, and the Arbitrator may on such appeal confirm the decision with or without modification or reverse the decision.

(16) In case the Minister makes an order under this section, then for so long as the order remains in force the Minister shall not grant any fish culture licence as regards any place situated within the area specified in the order.

(17) Where—

(a) a person by trespass, fishing or otherwise interferes with anything done pursuant to an aquaculture licence, and

(b) such interference is carried on without the permission of the licensee,

notwithstanding the existence of any public right to fish the person so interfering shall be guilty of an offence and shall be liable—

(c) on summary conviction thereof, to a fine not exceeding £500, or at the discretion of the court, imprisonment for any term not exceeding six months or both such fine and such imprisonment,

(d) on conviction thereof on indictment, to a fine not exceeding £2,000, or at the discretion of the court, imprisonment for any term not exceeding two years or both such fine and such imprisonment.

(18) This section shall come into force on such day as the Minister shall therefor fix by order.

(19) In this section—

“aquaculture”, except in “aquaculture licence”, means the culture of any species of fish, aquatic invertebrate animal of whatever habitat or aquatic form of any food which is suitable for the nutrition of fish;

“aquaculture licence” means a licence granted by the Minister under this section;

“designated area” means an area standing designated for the time being by an order under this section;

“fish culture licence” means a licence granted under section 15 of the Principal Act;

“licensee” means the person to whom a licence under this section is granted or the person who by virtue of subsection (10) (e) of this section is for the time being entitled to the benefit of the licence;

“oyster bed licence” means an oyster bed licence within the meaning of Part XIV of the Principal Act;

“oyster fishery (1959 Act) order”, “oyster bed (1959 Act) licence” and “oyster fishery order” have the meanings assigned to them, respectively, by Part XIV of the Principal Act.

55 Salmon levy.

55.—(1) In this section—

“first or only sale” does not include a first or only sale by the licensee under a fishing licence which is made bona fide to a person for his personal use;

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

“salmon” does not include salmon preserved and contained in tins, bottles, jars or similar containers holding portions of fish or products of fish.

(2) (a) Subject to subsection (5) of this section, the Minister may from time to time by order provide for the payment to the Minister of a levy at the prescribed rate on every first or only sale of salmon.

(b) The said levy shall be calculated at the prescribed rate and be assessed either on the price fetched on the first or only sale or in such other manner as may be prescribed.

(c) In the foregoing paragraph of this subsection the reference to the price on the first or only sale shall, where the purchaser is a purchaser outside the State, be construed as a reference to the price which, in accordance with the regulations under subsection (3) of this section, is to be attributed to such sale.

(d) Subject to subsection (5) of this section, the levy under this section shall be paid—

(i) in case the first or only sale is by the licensee under a fishing licence to a licensed salmon dealer or to the proprietor of any hotel, guest house, restaurant or other premises or place in the State at which board and lodging or meals are provided for reward, by such dealer or proprietor, and

(ii) in any other case, by the person who is the seller on the first or only sale.

(3) (a) The Minister may from time to time, after consultation with the Minister for Finance, by regulations prescribe the rate to be paid under this section on every first or only sale of salmon and the manner of payment and, in the case of sales where the purchaser is a purchaser outside the State, the prices to be attributed to such sales.

(b) Different rates of levy under this section may be prescribed for different periods and, in the case of sales where the purchaser is a purchaser outside the State, for different classes of sales.

(c) Different manners of assessment under this section may be prescribed for different classes of sales where the purchaser is not a purchaser outside the State.

(d) When preparing regulations to be made under this section prescribing prices to be attributed to sales the Minister shall take into account the market prices then current in the State for first or only sales of salmon.

(4) Any moneys received by the Minister under subsection (2) of this section shall be paid into the Salmon Conservancy Fund.

(5) (a) Unless an order under this section expressly states that it applies to first or only sales in the Moville area of salmon, the order shall not be construed as so applying.

(b) An order under this section which contains the provision referred to in paragraph (a) of this subsection may, if the Minister thinks fit, also provide for either or both of the following:

(i) that moneys payable on foot of levy under this section and which relate to first or only sales in the Moville area of salmon shall be paid to a prescribed person,

(ii) that such moneys when duly received shall be disposed of in a prescribed manner.

(c) Where an order under this section which applies to first or only sales in the Moville area of salmon is for the time being in force, the provisions of this section, in so far as they apply to that area, shall be construed and have effect subject to such modifications (if any) as are necessary having regard to the terms of the order.

(6) The Minister may make regulations requiring any person by whom levy under this section is payable, or any person who is of a prescribed class or description, to—

(a) keep in the prescribed manner records of the weight of salmon handled in the course of his business together with—

(i) in case such salmon is purchased by him, records of the price paid by him therefor, and

(ii) in case such salmon is not so purchased, records of the price received by him therefor, and

(iii) in either such case, such other particulars (if any) as may be prescribed,

(b) afford such facilities for the inspection of such records and to furnish to the Minister or other person as may be prescribed such returns as may be prescribed.

(7) Where—

(a) the Minister is not satisfied that a price recorded in relation to particular salmon in purported compliance with regulations under this section is the price fetched on the first or only sale of the salmon, and

(b) he reasonably believes that a price higher than that so recorded would have been obtainable on such sale, he may determine in writing such higher price,

and in case such a higher price is so determined, then for the purposes of this section the higher price so determined shall be taken to be the price fetched on the first or only sale of the salmon to which the determination relates.

(8) Any person who contravenes, whether by act or omission, any regulation under this section shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding £500.

(9) Every sum payable by a person for or on account of levy under this section shall be a simple contract debt due by that person to the person to whom it is payable under this section or under regulations made under this section and shall be recoverable accordingly in any court of competent jurisdiction.

(10) In any legal proceedings against a person for any money claimed to be due by the person in respect of levy under this section a certificate under the seal of the Minister or, in case the levy is payable in respect of salmon sold in the Moville area, under the hand or seal of the person prescribed by the Minister pursuant to subsection (5) (b) (i) of this section, certifying that the person was liable to pay levy under this section of a specified amount and that a specified sum is due and unpaid by the person on foot of the levy, together with a certificate under the said hand or seal certifying that the sum has not been paid by the person, shall be prima facie evidence as to the liability for and amount of levy and as to the sum which is due and unpaid by the person in respect thereof.

(11) The provisions of subsection (6) of this section are in addition to and are not in substitution for the provisions of section 163 of the Principal Act.

PART VI Miscellaneous

56 Prohibition of sale of certain fish.

56.—(1) The Minister may by order prohibit the sale and offering for sale at any time during a prescribed period in any year (which period is in this section subsequently referred to as an “annual period”) of any fish which—

(a) is of a species specified in the order, or

(b) is—

(i) caught by rod and line, and

(ii) of a species so specified.

(2) An order under this section may—

(a) apply throughout the State or in a particular area or in particular areas thereof and so specified,

(b) specify a particular annual period in relation to the whole of the State or specify different such periods in relation to different such areas.

(3) An order under this section shall apply to any fish—

(a) in case the order is made pursuant to paragraph (a) of subsection (1) of this section, of the species specified in the order, and

(b) in case the order is made pursuant to paragraph (b) of the said subsection (1), caught by rod and line and of a species specified in the order.

(4) In case an order under this section is for the time being in force, a person shall not sell or offer for sale any fish to which the order applies—

(a) in case the order applies throughout the State or to a particular area or to particular areas thereof and specifies only one annual period, at any place in either the State, such area or any such area, as may be appropriate, at any time during that period,

(b) in case the order specifies different annual periods in relation to different areas of the State, at any place in such an area at any time during the annual period so specified in relation to the area.

(5) A person who contravenes subsection (4) of this section shall be guilty of an offence and shall on summary conviction thereof be liable to a fine (not exceeding in all £600) of an amount not exceeding £500 together with an amount not exceeding £50 for each salmon and £10 for each other fish in respect of which the offence is committed.

57 Prohibition of sale of certain nets or netting.

57.—(1) The Minister may by order prohibit the sale of nets or netting of a prescribed class or description.

(2) A person who sells a net or netting in contravention of an order under this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500.

(3) Where in any proceedings for an offence under this section—

(a) the defendant proves—

(i) that prior to the sale to which the alleged offence relates he had given to the Minister notice in writing of his intention to sell nets or netting of the relevant prescribed class or description, and

(ii) that prior to such sale he had made of the purchaser inquiries as to the purposes for which the relevant net or netting was to be used, and

(iii) that he had kept a record in the manner directed under subsection (4) of this section by the Minister of the result of his inquiries, and

(b) the defendant produces to the court such record, and, in case the defendant was requested by or on behalf of the Minister so to do, he proves that within a reasonable time he produced to an officer of the Minister such record and allowed such officer to inspect it, and

(c) the court is satisfied—

(i) that the inquiries were made in good faith, and

(ii) that in the circumstances of the case it would have been reasonable for the defendant, having regard to the results of the inquiries, to have believed that such net or netting was not to be used for or in relation to fishing he shall be acquitted of the offence.

(4) In case the Minister receives a notification in writing by a person of his intention to sell net or netting of a class or description specified in an order under this section, the Minister shall as soon as may be give to the person directions as to the manner in which a record of the results of inquiries made by him for the purposes of subsection (3) of this section is to be kept.

58 Register of Trout, Coarse Fish and Sea Anglers.

58.—(1) Each regional board shall establish and maintain a register to be known, and which is in this Act referred to, as a “Register of Trout, Coarse Fish and Sea Anglers”.

(2) (a) On payment of the appropriate annual subscription to a regional board a person shall be registered in accordance with paragraph (b) of this subsection in the register maintained by that board, and when applying for registration under this subsection the applicant shall, when making the application, specify in which of the following categories he wishes to be registered, namely, as a trout angler, or as a coarse fish angler or as a sea angler.

(b) On receipt of an application for registration in the register, accompanied by the appropriate annual subscription, the regional board concerned shall—

(i) in case the applicant specifies that he wishes to be registered as a trout angler, register him as such in the register,

(ii) in case the applicant specifies that he wishes to be registered as a coarse fish angler, register him as such in the register,

(iii) in case the applicant specifies that he wishes to be registered as a sea angler, register him as such in the register, and

(iv) in case the applicant fails to comply with the requirement of paragraph (a) of this subsection to specify the category in which he wishes to be registered, register him in the register as non-voting.

(c) Where on the 31st day of December in any year a person, other than a person entitled under subsection (4) of this section, is registered in a register he shall be entitled to remain so registered for the duration of the next following year if, but only if, before the day in that next following year which is the day for the time being fixed by the Minister under subsection (5) of this section he pays to the regional board by whom the register is maintained the appropriate annual subscription.

(d) Where in any year a person who on the last preceding 31st day of December was registered in a register fails before the day in that year which is the day so fixed for the time being to pay the appropriate annual subscription, the regional board by whom the register is maintained shall forthwith remove his name from the register.

(3) Any person who is registered in a register may, by an application in writing to and made so that it is received by the regional board concerned on a day in the month of January in any year, apply to such board to amend the register by changing him from the category in which he is then registered to another category to be specified in the application, and on duly receiving an application under this subsection a regional board shall allow the application and amend the register maintained by them accordingly.

(4) (a) Subject to paragraph (d) of this subsection, a person who immediately before the dissolution thereof was a life member of the Trust shall on application to a regional board, and on making a declaration in a form approved of for the purposes of this subsection by the Minister, be registered by the board in the Register of Trout, Coarse Fish and Sea Anglers maintained by the board.

(b) A person who is registered in a register under paragraph (a) of this subsection may apply in writing to have his name removed from the register and on receipt of such an application the regional board concerned shall allow the application.

(c) Paragraphs (a) and (b) of subsection (2) of this section shall apply to applications under this subsection as they apply to applications under that subsection but subject to the following modification, namely, the requirements of those paragraphs relating to annual subscriptions shall be disregarded.

(d) A person referred to in paragraph (a) of this subsection shall not be entitled to be registered by virtue of this subsection at any particular time in more than one Register of Trout, Coarse Fish and Sea Anglers maintained under this Act.

(5) The Minister may by regulations fix a day or days for the purposes of subsection (2) of this section and any such day may be so fixed in relation to—

(a) one or more particular years, or

(b) a particular year and the subsequent year thereafter, or

(c) any year.

(6) (a) References in this section to the appropriate annual subscription are references to an annual subscription of such amount as shall be fixed for the time being for the purposes of this section by the Minister, with the consent of the Minister for Finance.

(b) In this section—

“register”, except where the context otherwise requires, means the Register of Trout, Coarse Fish and Sea Anglers maintained by a regional board;

“registered” means registered in the register.

(c) In this section and in the next following section of this Act

“life member of the Trust” includes any person who the council of the Trust, pursuant to the Articles of Association of the Trust, distinguished as a donor member.

59 Certain rights to fish given to former life members of Trust and to persons on Register of Trout, Coarse Fish and Sea Anglers.

59.—(1) A person who immediately before the dissolution of the Trust was a life member thereof shall, subject to such restrictions or other requirements, if any, as the Minister considers appropriate for the proper management of the fishery concerned and which are for the time being prescribed for the purposes of this section, be permitted—

(a) to fish in accordance with law for trout or coarse fish in the waters of any fishery transferred to the Central Board by section 35 of this Act for so long as the interest therein so transferred to the Central Board subsists, and

(b) in case the person is for the time being by virtue of section 58 (4) of this Act registered in a Register of Trout, Coarse Fish and Sea Anglers, for so long as he is so registered, to fish in accordance with law for trout and coarse fish in the waters of any fishery—

(i) owned or occupied by the regional board by whom the register is maintained,

(ii) owned or occupied by the Central Board (whether such fishery was transferred to the Central Board by the said section 35 or was otherwise acquired by the Central Board).

(2) In case a person is registered other than by virtue of section 58 (4) of this Act in a Register of Trout, Coarse Fish and Sea Anglers, then for so long as he is so registered, he shall, subject to such restrictions or other requirements, if any, as the Minister considers appropriate for the proper management of the fishery concerned and which are for the time being prescribed for the purposes of this section, be permitted to fish for trout and coarse fish in accordance with law in the waters of—

(a) any fishery owned or occupied by the regional board by whom the register is maintained, and

(b) any fishery which is owned or occupied by the Central Board.

(3) (a) An order under section 37, 40, 41 or 42 of this Act may provide that the foregoing provisions of this section shall not apply in relation to the fishery acquired or transferred by the order, or, in case two or more fisheries are so transferred, shall apply in relation to no such fishery, or, as may be so provided, shall apply only to such of those fisheries as the order specifies.

(b) The Minister may by order provide that the foregoing provisions of this section, other than paragraph (a) of this subsection, shall not apply in relation to a fishery acquired by the Central Board by agreement under section 37 of this Act and specified in the order.

(4) In case a fishery is by an order, either made under this section or described in subsection (3) (a) of this section, excluded from the application of subsections (1) and (2) of this section, this section shall be construed and have effect subject to the terms of the order.

60 Powers of Minister in operating a fishery.

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

(a) buy and sell fish anywhere;

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

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

(d) enter into contracts;

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

(f) purchase fishing licences;

(2) The remuneration of all persons employed in connection with the operation by the Minister of any fishery owned by him shall be determined with the consent of the Minister for the Public Service.

(3) Neither the Civil Service Commissioners Act, 1956, nor the Civil Service Regulation Acts, 1956 and 1958, shall apply to any person employed or appointed by the Minister under this section.

61 Liability of Minister or Central Board for damage by flooding.

61.—No claim shall lie against the Minister or the Central Board for flooding or other consequential damage due to the continued existence of any structure (including a fishing weir or a fishing mill dam which, on the date of vesting in or acquisition by the Minister or the Central Board of a fishery, formed part of or existed in such fishery) unless the Minister or the Central Board, as may be appropriate, shall have increased the height of such structure or shall have closed any openings or gaps therein to an extent to which they could not have been lawfully closed on the said date.

62 Section 12 of Finance Act, 1895, restricted.

62.—Section 12 of the Finance Act, 1895, (which requires delivery to the Revenue Commissioners of certain instruments and the payment of certain stamp duties), shall not apply to the vesting in the Central Board or a regional board of property transferred by section 9 or 35 of this Act or an order under section 10 of this Act.

63 Amendment of section 15 of Principal Act.

63.—Section 15 of the Principal Act is hereby amended by—

(a) the insertion of “on payment to him of the prescribed fee (if any)” before “by licence” in subsection (1);

(b) the addition of the following subsections:

“(6) (a) The Minister may, with the consent of the Minister for Finance, prescribe fees payable in respect of licences granted by the Minister under this section.

(b) Every fee received by the Minister under this section shall be paid into, or disposed of for the benefit of, the Exchequer in such manner as the Minister for Finance shall direct.

(7) Any person who engages in the culture of fish otherwise than under and in accordance with a licence under this section or section 54 of the Fisheries Act, 1980, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500.

(8) Where—

(a) a person by fishing or otherwise interferes with anything done pursuant to a licence granted by the Minister under this section, and

(b) such interference is carried on without the permission of the person to whom the licence is granted,

the person so interfering shall be guilty of an offence under this section and shall be liable—

(c) on summary conviction thereof, to a fine not exceeding £500,

(d) on conviction thereof on indictment, to a fine not exceeding £2,000.”.

64 Amendment of section 20 of Principal Act.

64.—Section 20 of the Principal Act is hereby amended by the substitution of the following subsection for subsection (4):

“(4) The Minister may by regulations alter the boundaries of a fishery district by the inclusion therein of any specified waters which are in an area or portion of the sea described in subparagraph (i) or (ii) of section 10 (9) (a) of the Fisheries Act, 1980, and regulations under this subsection shall, by reference to a map specified in the regulations, indicate the boundaries of the relevant fishery district or districts as altered by the regulations.”

65 Amendment of section 50 of Principal Act.

65.—(1) Section 50 of the Principal Act is hereby amended by—

(a) the substitution in subsection (1) of “the Central Board or any regional board” for “any board of conservators”, and

(b) the substitution in subsection (3) of “the Central Board or a regional board” for “a board of conservators”,

and the said subsections (1) and (3), as so amended, are set out in paragraphs 1 and 2, respectively, of the Table to this section.

(2) Subsection (1) of this section shall come into operation on the appointed day.

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1.—(1) The Minister may at any time, if he thinks fit, order an inquiry into the performance of its duties by the Central Board or any regional board and may appoint any person to hold such inquiry.

2.—(3) Where an inquiry in relation to the Central Board or a regional board has been held under this section, the Minister shall certify the amount of the expenses incurred by the Minister in relation to such inquiry, and the amount so certified shall be recoverable by the Minister from the revenue of such board.

66 Amendment of section 65 of Principal Act.

66.—Subsection (1) of section 65 of the Principal Act is hereby amended by the insertion of “by that person” before “in that fishery district”, and the said subsection (1), as amended by this section and by section 46 (1) of this Act and as modified by section 50 (1) of this Act, is set out in the Table to this section.

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(1)—If any person uses or erects in any fishery district any scheduled engine, for the taking of salmon, trout or eels, in respect of which there is not for the time being in force an ordinary fishing licence authorising the use of that engine by that person in that fishery district, such person shall be guilty of an offence under this section and shall be liable—

(a) on summary conviction thereof to a fine not exceeding £500,

(b) on conviction on indictment to a fine not exceeding £2,000 or at the discretion of the court, to imprisonment for a term not exceeding two years or to both such fine and such imprisonment.

67 Amendment of section 67 of Principal Act.

67.—Section 67 of the Principal Act is hereby amended by the substitution of the following for subsection (9):

“(9) Every ordinary licence issued in respect of an engine for fishing (other than rod and line) shall contain on the face thereof—

(a) in the case of an engine to be used in a several fishery, the name of the person (in this section referred to as ‘the owner’) who is for the time being entitled so to use such engine for his own benefit, or

(b) in every other case, the name and address of the person paying the licence duty on such engine,

together with, if such person, or in case the licence relates to an engine so to be used, the owner, makes a request in writing in that behalf to the regional board concerned, the name of not more than one other person specified in the request, and every ordinary licence which is so issued shall operate to authorise the use of the engine to which it relates by any person named in the licence.”.

68 Amendment of Chapter III of Part VI of Principal Act.

68.—(1) Section 81 of the Principal Act is hereby amended by:

(a) the substitution of “three pounds” for “five shillings” in paragraph (a) of subsection (2);

(b) the substitution of “one pound” for “sixpence” in both paragraph (b) and paragraph (c) of subsection (2); and

(c) the addition to the section of the following subsection:

“(3) (a) The Minister may, from time to time, by order alter the licence duty payable as regards all or any of the kinds of trout rod licences specified in subsection (1) of this section, and in case an order under this subsection is for the time being in force, subsection (2) of this section, as amended by section 68 of the Fisheries Act, 1980, shall be construed and have effect in accordance with the terms of the order.

(b) Subsection (7) of section 68 of this Act (inserted by section 3 of the Fisheries (Amendment) Act, 1976) shall apply as regards an order under this subsection as it applies as regards an order under that section.”;

and the said subsection (2), as so amended, is set out in paragraph 1 of the Table to this section.

(2) Section 83 of the Principal Act is hereby amended by the substitution of “amount of the duty which is for the time being payable under section 81 of this Act in respect of the licence” for “sum of five shillings” in paragraph (b) of subsection (1) and “sum of sixpence” in paragraph (c) of both subsection (2) and subsection (3), and the said paragraph (b), paragraph (c) of the said subsection (2) and paragraph (c) of the said subsection (3), as so amended, are set out in paragraphs 2, 3 and 4, respectively, of the Table to this section.

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(a) a trout rod (general) licence, a licence duty of three pounds,

(b) a trout rod (riparian owner) licence, a licence duty of one pound,

(c) a trout rod (juvenile) licence, a licence duty of one pound.

69 Amendment of sections 159 and 160 of Principal Act, section 42 of Finance Act, 1925, and section 12 of Finance Act, 1940.

69.—(1) Section 159 of the Principal Act is hereby amended by—

(a) the substitution of “twenty-five pounds” for “one pound” in both subparagraph (ii) of subsection (1) (b) and subparagraph (ii) of subsection (2) (b); and

(b) the addition to the section of the following subsection:

“(6) (a) The Minister may, from time to time, by order amend subsection (1) or subsection (2) of this section so as to alter the sum specified therein, and in case an order under this subsection is for the time being in force, the said subsection (1) and the said subsection (2), or both of the said subsections, as may be appropriate, as amended by section 69 of the Fisheries Act, 1980, shall be construed and have effect in accordance with the terms of the order.

(b) Subsection (7) of section 68 of this Act (inserted by section 3 of the Fisheries (Amendment) Act, 1976) shall apply as regards an order under this subsection as it applies as regards an order under that section.”;

and the said subparagraph (ii) of the said subsection (1) (b) and the said subparagraph (ii) of the said subsection (2) (b), as so amended, are set out in paragraphs 1 and 2, respectively, of the Table to this section.

(2) Section 160 of the Principal Act is hereby amended by—

(a) the substitution of the following for all the words in subsection (1) between the end of paragraph (a) and the end of the subsection:

“(b) there is sent with the application the sum of twenty-five pounds,

such board may renew such licence.”; and

(b) the addition to the section of the following subsection:

“(5) (a) The Minister may, from time to time, by order amend subsection (1) of this section so as to alter the sum specified therein, and in case an order under this subsection is for the time being in force, the said subsection (1), as amended by section 69 of the Fisheries Act, 1980, shall be construed and have effect in accordance with the terms of the order.

(b) Subsection (7) of section 68 of this Act (inserted by section 3 of the Fisheries (Amendment) Act, 1976) shall apply as regards an order under this subsection as it applies as regards an order under that section.”.

(3) On and from the commencement of this section both section 42 of the Finance Act, 1925, and section 12 of the Finance Act, 1940, shall cease to have effect.

(4) This section shall come into force on such day as the Minister shall therefor fix by order.

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70 Amendment of Part XIV of Principal Act.

70.—(1) The placing in or on, or in or on the water above, an oyster bed of any device or other thing which is used, or is intended for use, in the cultivation of oysters shall, for the purposes of section 245 of the Principal Act, be regarded as planting an oyster bed in a manner described in that section, and any licence under that section, whether granted before or after the passing of this Act, shall be construed and have effect in accordance with the foregoing.

(2) Subsection (1) of this section shall not be construed as affecting the power conferred on the Minister for Tourism and Transport by section 10 of the Foreshore Act, 1933.

(3) Section 253 of the Principal Act is hereby amended by the insertion of the following paragraph after paragraph (f):

“(g) without such consent removes, damages or otherwise interferes with any device or other thing which is placed in or on, or in or on the water above, such bed and is used in the cultivation of oysters.”

(4) Section 256 of the Principal Act is hereby amended by the insertion of “or above” before “the shore”, and the said section 256, as so amended, is set out in paragraph 1 of the Table to this section.

(5) Section 261 of the Principal Act is hereby amended by the substitution of “in such manner as he shall consider appropriate having had regard to the circumstances by reason of which the order's amendment is necessitated” for all the words from “, and all” to the end of the section, and the said section 261, as so amended, is set out in paragraph 2 of the Table to this section.

(6) Section 265 (1) of the Principal Act is hereby amended by the insertion of the following paragraph after paragraph (b):

“(bb) not being a grantee, the servant or agent of the grantee or grantees or being duly authorised as aforesaid, removes, damages or otherwise interferes with any device or other thing which is placed in, on or over such fishery and is used in the cultivation of oysters, or”.

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71 Amendment of section 297 of Principal Act.

71.—Section 297 is hereby amended by—

(a) the substitution of “authorised person” for “water keeper or any officer appointed by the Minister” in subsection (1); and

(b) the substitution of the following for subsection (2):

“(2) (a) Subject to subsection (3) of this section, a warrant issued under this section shall operate to authorise the person to whom it is issued (and named therein) at any reasonable time or times within seven days of the issue of the warrant to—

(i) enter and search, if need be by force, the garden, dwellinghouse or curtilage thereof named in the warrant or any structure or building in such garden or curtilage,

(ii) require any person found on such land to furnish to him his name and address,

(iii) require a person who is in occupation or is in control or is concerned in the management of such land to furnish to him his name and address, and if the person so named has reasonable grounds for suspecting that an offence has been or is being committed under this Act with or in relation to anything found in the course of the search, the person may seize and detain that thing or anything else so found which appears to him to be something which might be required as evidence in proceedings for an offence under this Act.

(b) Subject to subsection (3) of this section, a warrant issued under this section shall operate enable any one or more of the following, namely, any member of the Garda Síochána, any officer of the Minister and, in case the warrant is issued to an officer of a regional Board, any other person employed by that board to accompany and assist the person to whom the warrant is issued in the exercise of the powers thereby conferred on him.

(3) The powers conferred on a person named in a warrant issued under this section shall be exercisable by the person as regards a dwellinghouse only if, and only for so long as, he is accompanied by a member of the Garda Síochána.”;

and the said subsection (1), as so amended, is set out in the Table to this section.

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(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 authorised person 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.

72 Amendment of section 312 of Principal Act.

72.—Section 312 of the Principal Act is hereby amended by the insertion of “, if prosecuted summarily,” before “be prosecuted”, and the said section 312, as so amended, is set out in the Table to this section.

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