Fisheries (Amendment)(No. 2) Act , 1987

1 Definitions.

1.—In this Act—

“the Act of 1980” means the Fisheries Act, 1980;

“the Minister” means the Minister for the Marine;

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

2 Amendment of section 3 of Principal Act.

2.—Section 3(1) of the Principal Act is hereby amended—

(a) by the substitution of the following provision for the first provision therein (which relates to references to angling for salmon or trout):

“references to angling for salmon, trout and coarse fish, or references to angling for any such fish, shall be construed as references to angling with rod and line;”;

(b) by the substitution of the following definition for the definition of “coarse fish” (inserted by the Act of 1980):

“the expression ‘coarse fish’ means any freshwater fish orthe spawn or fry thereof other than salmon, trout (including rainbow trout and char) or eels or their spawn or fry;”;

(c) by the insertion of the following definitions before the definition of “consequential disqualification” (inserted by the Act of 1980):

“the expression ‘coarse fish rod ordinary licence’ means an ordinary fishing licence to fish with rod and line for coarse fish;

the expression ‘coarse fish rod (annual) ordinary licence’ means a coarse fish rod ordinary licence which is valid for a period of one year and is available for use in every fishery district;

the expression ‘coarse fish rod (twenty-one day) ordinary licence’ means a coarse fish rod ordinary licence which is valid for a period of twenty-one days and is available for use in every fishery district;

the expression ‘composite freshwater angling ordinary licence’ means an ordinary fishing licence to fish with rod and line for salmon, trout and coarse fish and which is valid for the period of one year and is available for use in every fishery district;”;

(d) by the insertion of the following definition after the definition of “free-gap”:

“the expression ‘freshwater rod ordinary licence’ means a salmon rod ordinary licence, a trout rod ordinary licence, a coarse fish rod ordinary licence or a composite freshwater angling ordinary licence;”;

(e) by the deletion of the definitions of “salmon rod (annual) (district) ordinary licence”, “salmon rod (late season) ordinary licence”, “salmon rod (late season) (district) ordinary licence” and “salmon rod (seven day) ordinary licence”, and by the substitution for the definition of “salmon rod (twenty-one day) ordinary licence” of the following definition:

“the expression ‘salmon rod (twenty-one day) ordinary licence’ means a salmon rod ordinary licence which is valid for the period of twenty-one days and is available for use in every fishery district;”;

(f) by the insertion of the following definition after the definition of “sea fisheries protection officer”:

“the expression ‘season game fishing rod and line (Foyle Area) licence’ means a licence to fish with rod and line for salmon and trout issued in pursuance of regulations made under the Foyle Fisheries Act, 1952 (No. 5 of 1952), which is valid for a year;”;

(g) by the substitution for the definition of “trout” of the following definition:

“the word ‘trout’, when used without any qualification includes—

(a) all fish of the brown trout kind,

(b) rainbow trout and char—

(i) in Part VI,

(ii) in any other provision, when that provision also applies to salmon and coarse fish,

(c) save in Part IX pollen or freshwater herring, and

(d) any spawn or fry of a trout,

but does not include sea trout;”;

(h) by the deletion of the definitions of “trout rod (general) licence”, “trout rod (juvenile) licence”, “trout rod licence” and “trout rod (riparian owner) licence” and by the insertion of the following definitions before the definition of “unlawful fishing engine”:

“the expression ‘trout rod ordinary licence’ means an ordinary fishing licence to fish with rod and line for trout;

the expression ‘trout rod (annual) ordinary licence’ means a trout rod ordinary licence which is valid for a period of one year and is available for use in every fishery district;

the expression ‘trout rod (twenty-one day) ordinary licence’ means a trout rod ordinary licence which is valid for a period of twenty-one days and is available for use in every fishery district;”.

3 Amendment of section 65 of Principal Act.

3.—Section 65 (which relates to the penalty for using an unlicensed scheduled engine, other than rod and line) of the Principal Act is hereby amended by the insertion in subsection (1) of “, coarse fish” after “salmon, trout”.

4 Penalty for certain fishing with rod and line by unlicensed person.

4.—The Principal Act is hereby amended by the substitution of the following section for section 66:

“66. (1) Subject to subsection (2) of this section, if any person fishes for or takes or kills any salmon, trout and coarse fish or any of them with rod and line in any fishery district and such person is not the holder of—

(a) in the case of such salmon, a salmon rod ordinary licence or a composite freshwater angling ordinary licence,

(b) in the case of such trout, a trout rod ordinary licence or a composite freshwater angling ordinary licence,

(c) in the case of such coarse fish, a coarse fish rod ordinary licence or a composite freshwater angling ordinary licence,

which is for the time being in force, such person shall be guilty of an offence under this section.

(2) The provisions of subsection (1) of this section shall not apply in respect of the fishing for or taking or killing, by a person who has not reached his eighteenth birthday or has reached his sixty-sixth birthday, of any trout with one rod and line or of any coarse fish with one or two rods and lines.

(3) A person who is guilty of an offence under this section 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.

(4) Where a person is convicted of an offence under this section, any rod and line in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.”.

5 Amendment of section 67 of Principal Act.

5.—Section 67 (which relates to ordinary fishing licences) of the Principal Act is hereby amended—

(a) by the deletion of subsection (2);

(b) by the substitution of the following subsections for subsections (3) and (4):

“(3) (a) The periods for which ordinary fishing licences are to be issued shall be—

(i) in the case of salmon rod ordinary licences — the period of twenty-one days and the period of one year,

(ii) in the case of trout rod ordinary licences — the period of twenty-one days and the period of one year,

(iii) in the case of coarse fish rod ordinary licences — the period of twenty-one days and the period of one year,

(iv) in the case of composite freshwater angling ordinary licences — the period of one year,

(v) in the case of other ordinary fishing licences — the period of one year.

(b) Salmon rod ordinary licences issuable for twenty-one days and available for use in every fishery district shall be called, and in this Act are referred to as, salmon rod (twenty-one day) ordinary licences.

(c) Salmon rod ordinary licences issuable for a year and available for use in every fishery district shall be called, and in this Act are referred to as, salmon rod (annual) ordinary licences.

(d) Trout rod ordinary licences issuable for twenty-one days and available for use in every fishery district shall be called, and in this Act are referred to as, trout rod (twenty-one day) ordinary licences.

(e) Trout rod ordinary licences issuable for a yearand available for use in every fishery district shall be called, and in this Act are referred to as, trout rod (annual) ordinary licences.

(f) Coarse fish rod ordinary licences issuable for twenty-one days and available for use in every fishery district shall be called, and in this Act are referred to as, coarse fish rod (twenty-one day) ordinary licences.

(g) Coarse fish rod ordinary licences issuable for a year and available for use in every fishery district shall be called, and in this Act are referred to as, coarse fish rod (annual) ordinary licences.

(4) (a) A salmon rod (twenty-one day) ordinary licence, a trout rod (twenty-one day) ordinary licence and a coarse fish rod (twenty-one day) ordinary licence shall each be valid and in force for the period of twenty-one days commencing on the date specified in that behalf in the licence concerned.

(b) An ordinary fishing licence (other than an ordinary fishing licence to which paragraph (a) of this subsection relates) shall be valid and in force for the year specified in that behalf in the licence.”;

(c) by the substitution of the following subsections for subsections (6) and (7):

“(6) Every ordinary fishing licence issued by a regional board shall—

(a) be in such form as the Minister may from time to time direct,

(b) state thereon—

(i) the name of the regional board concerned,

(ii) the period for which it is to be valid and in force,

(iii) where appropriate, the number or name of the fishery district to which it relates,

(iv) the kind of fishing engine to which it relates.

(7) Where an application is made for a freshwater rod ordinary licence, such licence shall be issued by that board.”;

(d) by the substitution of the following subsections for subsections (11) to (15):

“(11) An ordinary fishing licence (not being a freshwater rod ordinary licence) shall be available for use in the fishery district as regards which the application for the licence was made and which is specified in the licence and being a fishery district in the fisheries region of the regional board by which it was issued and in no other fishery district.

(12) Every freshwater rod ordinary licence shall be available for use in every fishery district.

(13) Every freshwater rod ordinary licence shall specify the name and address of the person to whom it is issued and such licence shall not be available for use by any person except the person named therein or be transferred to any other person.

(14) Every ordinary fishing licence (other than a freshwater rod ordinary licence) shall operate to authorise the use, during the period specified therein and in the fishery district specified therein, of a fishing engine of the kind specified therein, but subject to the provisions of this Act and any instrument made thereunder.

(15) Every freshwater rod ordinary licence shall operate to authorise the person named therein, but no other person, to use, during the period specified therein and in every fishery district—

(a) in the case of a salmon rod ordinary licence, a salmon rod,

(b) in the case of a trout rod ordinary licence, a trout rod,

(c) in the case of a coarse fish rod ordinary licence, not more than two coarse fish rods,

(d) in the case of a composite freshwater angling ordinary licence any combination of rods referred to in paragraphs (a), (b) and (c) of this subsection,

subject to the provisions of this Act and any instrument made thereunder.”;

(e) by the deletion of subsection (16).

6 Amendment of section 68 of Principal Act.

6.—Section 68 (which relates to duties on ordinary fishing licences) of the Principal Act is hereby amended—

(a) by the insertion of the following subsections after subsection (2):

“(2A) (a) This subsection applies to a trout rod ordinary licence which is valid for a particular year and is issued to a person who is the holder of a season game fishing rod and line (Foyle Area) licence which is valid for that year.

(b) Subject to paragraph (c) of this subsection the ordinary licence duty payable in respect of a trout rod (annual) ordinary licence to which this subsection applies shall be £10.

(c) Wherever the Minister makes, under paragraph (b) of subsection (1) of this section, an order altering the ordinary licence duty in respect of a trout rod (annual) ordinary licence, he may by order alter the licence duty payable in respectof a trout rod (annual) ordinary licence to which this subsection applies.

(2B) (a) This subsection applies to a composite freshwater angling ordinary licence which is valid for a particular year and is issued to a person who is the holder of a season game fishing rod and line (Foyle Area) licence which is valid for that year.

(b) Subject to paragraph (c) of this subsection the ordinary licence duty payable in respect of a composite freshwater angling ordinary licence to which this subsection applies shall be £30.

(c) Wherever the Minister makes, under paragraph (b) of subsection (1) of this section, an order altering the ordinary licence duty in respect of a composite freshwater angling ordinary licence, he may by order alter the licence duty payable in respect of a composite freshwater angling ordinary licence to which this subsection applies.”;

(b) by the substitution of the following subsection for subsection (1):

“(1) (a) Subject to paragraphs (b) and (c) of this subsection, the ordinary licence duty in respect of a freshwater rod ordinary licence of the class specified in column (2), (3), (4), (5), (6), (7) or (8) of Part I of the Fourth Schedule to this Act shall be the sum set out in whichever of those columns relates to a freshwater rod ordinary licence of that class.

(b) The Minister may, from time to time, with the consent of the Minister for Finance, by order alter the freshwater rod ordinary licence duty of a particular class specified in Part I of the Fourth Schedule to this Act.

(c) This subsection shall not apply to the ordinary licence duty payable in respect of—

(i) a salmon rod (annual) ordinary licence to which subsection (2) of this section applies, or

(ii) a trout rod (annual) ordinary licence to which subsection (2A) of this section applies, or

(iii) a composite freshwater angling ordinary licence to which subsection (2B) of this section applies.”;

(c) by the substitution in paragraph (a) of subsection (2) of “season game fishing rod and line” for “salmon rod”;

(d) by the substitution in paragraph (b) of subsection (2) of “£17” for “£11.50” (inserted by the Salmon, Eel and Oyster Fishing Licences (Alteration of Licence Duties) Order, 1984 (S.I. No. 343 of 1984));

(e) by the deletion of subsection (3);

(f) by the substitution in subsection (6) of “paragraph (c) of subsection (2A), paragraph (c) of subsection (2B)” for “paragraph (c) of subsection (3)”;

(g) by the substitution of the following subsection for subsection (7):

“(7) Where an order under subsection (4) or (5) of this section is proposed to be made, the Minister shall cause a draft of the order to be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.”;

and the said subsections (2) and (6), as so amended, are set out in paragraphs 1 and 2, respectively, of the Table to this section.

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(b) Subject to paragraph (c) of this subsection the ordinary licence duty payable in respect of a salmon rod (annual) ordinary licence to which this subsection applies shall be £17.

(c) Wherever the Minister makes, under paragraph (b) of subsection (1) of this section, an order altering the ordinary licence duty in respect of a salmon rod (annual) ordinary licence, he may by order alter the annual licence duty payable in respect of a salmon rod (annual) ordinary licence to which this subsection applies.

7 Amendment of section 69 of Principal Act.

7.—Section 69 (which relates to licence duties on engines not specified in the Fourth Schedule and restrictions on user of such engines) of the Principal Act is hereby amended by the insertion in subsection (1) of “coarse fish” after “salmon, trout,”.

8 Amendment of section 99 of Principal Act.

8.—Section 99 (which relates to restriction on erection of fishing weirs, fishing mill dams or fixed engines in the freshwater portion of any river) is hereby amended by the substitution of the following subsection for subsection (4):

“(4) The provisions of this section shall not apply to long lines used solely for the capture of eels or to engines used for the capture of fish other than freshwater fish.”.

9 Amendment of section 167 of Principal Act.

9.—Section 167 of the Principal Act (as amended by the Act of 1980) is hereby amended by the substitution of “salmon, trout or coarse fish” for “salmon or trout”, and the said section, as so amended, is set out in the Table to this section.

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10 Amendment of section 168 of Principal Act.

10.—Section 168 of the Principal Act (as amended by the Act of 1980) is hereby amended by the substitution of “salmon, trout or coarse fish” for “salmon or trout”, and the said section, as so amended, is set out in the Table to this section.

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