Fisheries (Amendment) Act 1999

PART 1 Preliminary and General

1 Short title, commencement, construction and collective citation.

1.—(1) This Act may be cited as the Fisheries (Amendment) Act, 1999.

(2) This Act shall come into operation on such day or days as, by order or orders made by the Minister under this section, may be fixed for it to come into operation, either generally or with reference to a particular purpose or provision, and different days may be so fixed for different purposes and different provisions.

(3) The Fisheries Acts 1959 to 1998, and this Act shall be construed together as one and may be cited together as the Fisheries Acts, 1959 to 1999.

2 Interpretation.

2.—(1) In this Act—

“Act of 1980” means Fisheries Act, 1980;

“functions” includes powers and duties;

“Minister” means Minister for the Marine and Natural Resources.

(2) In this Act—

(a)a reference to any other enactment shall, except to the extent that the context otherwise requires, be construed as a reference to that enactment as amended by or under any other enactment, including this Act,

(b) a reference to a section or Part is a reference to a section or Part of this Act, unless it is indicated that reference to some other enactment is intended, and

(c) a reference to a subsection, paragraph or subparagraph is a reference to a subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that a reference to some other provision is intended.

PART 2 Amendment of Act of 1980

3 Amendment of section 2(2) of Act of 1980.

3.—Section 2(2) of the Act of 1980 is hereby amended by the substitution for all words before “nothing in this Act” of “(2) Apart from section 18A(1) of this Act, in so far as it enables the Minister to give directions for the protection of molluscs, and paragraph (e) of section 11(1),”.

4 Amendment of section 5(1) of Act of 1980.

4.—Section 5(1) of the Act of 1980 is hereby amended by the substitution for “54,55” of “55A,55C,55D”.

5 Functions of Central Board.

5.—The Act of 1980 is hereby amended by the substitution of the following for section 8:

“8.—(1) The general functions of the Central Board are to promote, support, facilitate, and co-ordinate where necessary, and to advise the Minister on policy relating to, the conservation, protection, management, development and improvement of inland fisheries and the efficient and effective performance by the regional boards of their functions under this Act.

(2) Without prejudice to the generally of subsection (1), the Central Board shall—

(a) provide and undertake such co-ordination, specialist and support services to or for regional boards as are necessary for the efficient performance by the regional boards of their functions,

(b) co-ordinate and consult with the regional boards on the preparation and regular review of national inland fisheries development plans, incorporating regional inland fisheries development plans, and submit such plans to the Minister for the Minister's consideration in such form and at such intervals as the Minister may require,

(c) administer such schemes, grants and other financial facilities requiring the disbursement of European Union and such other funds as may from time to time be authorised by the Minister with the consent of the Minister for Finance,

(d) support, and co-ordinate where necessary, the angling promotion and marketing activities of the regional boards in respect of their fishery regions, and co-operate and co-ordinate with Bord Fáilte in developing international promotion and marketing strategies and activities in relation to game, coarse and sea tourism angling,

(e) undertake the efficient and effective management, conservation, protection, development and improvement of any fishery, hatchery or fish farm in its possession or occupation in accordance with the directions, if any, of the Minister, and

(f) in the performance of its functions, have regard to the need for the sustainable development of the inland fisheries resource (including the conservation of fish and other species of fauna and flora habitats and the biodiversity of inland water ecosystems) and as far as possible ensure that its activities are carried out so as to protect the national heritage, within the meaning of the Heritage Act, 1995.

(3) The Central Board may provide education courses or facilities for training or otherwise instructing persons in matters relating to the management, conservation, protection, development or improvement of fisheries and charge such fees for the provision of those courses or facilities as it thinks fit.

(4) The Central Board may provide such services for the management, conservation, protection, development, improvement or promotion of fisheries or matters relating to fisheries, and charge such fees in respect of the provision of those services (other than those provided for a regional board or the Minister), as it thinks fit.

(5) (a) The Central Board may, in relation to an inland fishery, carry out such research or experimental work as it considers necessary for the performance of its functions but this paragraph shall not be construed as enabling the Board to carry out research or experimental work on or in relation to any species of sea-fish, within the meaning of Part XIII of the Principal Act, other than research similar or analogous to research in relation to sea-fish being carried on by the Central Board immediately before the commencement of section 5 of the Fisheries (Amendment) Act, 1999.

(b) In the carrying out of work under paragraph (a) of this subsection the Central Board shall, as appropriate, co-operate with any regional board in whose region the fishery is situated and shall also co-operate and co-ordinate, as appropriate, with the Marine Institute.

(6) For the purposes of performing its functions under this Act, but subject to the directions, if any, of the Minister, the Central Board may enter into such partnership or other arrangements with such persons or bodies as it thinks fit.

(7) The Central Board may make recommendations to the Minister as to the exercise by the Minister of the powers conferred on the Minister by section 29 of the Fisheries (Amendment) Act, 1962, the levels of fishery rates and fishery licence duties payable under the Fisheries Acts, 1959 to 1999.

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

(9) The Central Board shall have regard to the particular role and contribution of angling clubs and associations in the sustainable management and development to the public benefit of State, public and other inland fisheries.”.

6 Committees of Central Board.

6.—The Act of 1980 is hereby amended by the insertion of the following after section 8:

“8A.—(1) The Central Board may establish committees to assist and advise it in relation to the performance of its functions.

(2) A committee may, if the Board thinks fit, include amongst its members persons who are not members of the Board.

(3) The Central Board shall appoint a member of the Board to be the chairperson of a committee.

(4) The Central Board may at any time dissolve a committee.

(5) The Central Board may regulate the procedure of its committees but, subject to any such regulation, a committee may regulate its own procedure.”.

7 Amendment of section 10 of Act of 1980.

7.—(1) Section 10 of the Act of 1980 is hereby amended—

(a)in subsection (4)(a), by the substitution of the following for subparagraph (ii):

“(ii) subject to paragraph (ab) of this subsection and subsections (5) and (6) of this section, not more than 8 shall be appointed by the Minister after such consultation as the Minister considers appropriate, and

(iii) one shall be a member of the staff of the regional board nominated by the staff of the board.”,

(b) in subsection (4), by the insertion of the following before paragraph (b):

“(aa) (i) The Minister shall prescribe not less than 2 organisations which, in the Minister's opinion, are representative of each of the following classes of organisation:

(A) organisations which, in the Minister's opinion, are concerned with the promotion of the development of aquaculture or are representative of persons carrying on the business of developing aquaculture;

(B) organisations which, in the Minister's opinion, are representative of persons whose professions or occupations relate to agriculture;

(C) organisations which, in the Minister's opinion, are representative of persons concerned with the protection and preservation of the environment;

(D) organisations which, in the Minister's opinion, are concerned with the promotion of regional tourism;

(E) organisations which, in the Minister's opinion, are concerned with the protection and preservation of the national heritage within the meaning of the Heritage Act, 1995; and

(F) organisations which, in the Minister's opinion, are concerned with the promotion of regional or local development.

(ii)The Minister shall appoint as members of a regional board from amongst those persons nominated by each of the classes of organisations prescribed under subparagraph (i) one member to represent each class of organisation, or in default of such nominations after the Minister has given each a reasonable opportunity to do so, then from among such persons as the Minister thinks fit.

(iii)An organisation prescribed under subparagraph (i) shall, whenever so requested by the Minister, select such number of candidates (not being less than 2, of whom one shall be a woman) as the Minister may specify for appointment as members of a regional board and shall inform the Minister of the names of the candidates selected and of the reasons why, in the opinion of the organisation, they are suitable for such appointment.

(iv)The Minister shall not appoint a person to be a member unless the person was amongst those selected pursuant to a request under subparagraph (iii) in relation to that appointment, but—

(A) if all of the appropriate organisations refuse or fail to select any candidate, or

(B) if the Minister decides not to appoint as a member any of the candidates selected by such organisations,

pursuant to a particular request under subparagraph (iii), then either—

(C) the Minister shall appoint as a member a person who was amongst those selected by such an organisation pursuant to a previous request (if any) under that subparagraph in relation to that appointment, or

(D) the Minister shall make a further such request and shall appoint as a member a person who was amongst those selected pursuant to that request made in relation to the appointment.

(v)Where a request is made under subparagraph (iii) or (iv)(D), failure or refusal by the organisation of whom the request is made to select the number of candidates specified in the request shall not preclude the appointment as a member of a person who was selected in relation to that appointment either by the organisation or by any other organisation.

(ab) The Minister shall make his or her appointments under paragraph (a)(ii) of this subsection so that of the total membership of the regional board not less than 4 members are women and not less than 4 are men.”,

(c) by the substitution of the following for subsection (11):

“(11) The Minister may by order alter the number of elected members of a regional board.”.

(2) Notwithstanding anything in the Act of 1980, the date for the holding of the first election of members to a regional board after the commencement of this section shall be such date, not later than 3 months after that commencement, as the Minister may by order fix, and an election shall be held as soon as practicable after each fifth anniversary of that date.

(3) The Minister may, by order, revoke or vary an order made under this section, including an order made under this subsection.

(4) An order made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done under it.

(5) Until the first election of members of a regional board after the commencement of this section, each member of a regional board (including appointed members) holding office immediately before that commencement shall, unless he or she sooner resigns or is removed from office in accordance with the Act of 1980 as then in force, continue in office notwithstanding that his or her term of office would, but for this subsection, have expired.

(6) If the first election of members to a regional board after the commencement of this section is to be held in the year 2000 but before 1 October of that year, then, subject to section 14 of the Fisheries Act, 1980, but notwithstanding any other provision of any enactment or instrument made under an enactment, the persons entitled to vote at that election, to nominate a candidate for election and to accept nomination and stand as a candidate for election, shall be determined as if the election date were the third Tuesday in December, 1999.

8 Amendment of section 11 of Act of 1980.

8.—Section 11 of the Act of 1980 is hereby amended—

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

“(1) A regional board shall—

(a) subject to this Act, protect the fisheries in its fisheries region and generally enforce the Fisheries Acts, 1959 to 1999, in the region,

(b) prepare and submit to the Central Board a plan for the development of inland fisheries in its fisheries region, in such form and at such intervals as the Minister may from time to time direct, for incorporation in any inland fisheries development plan to be submitted to the Minister under paragraph (b) of section 8(2) of this Act,

(c) ensure that any fishery in the possession or occupation of the board, or any fishery, hatchery or fish farm which by virtue of section 8(2) of this Act is under the care and management of the board, is managed, conserved, protected, developed and improved, or otherwise dealt with, in accordance with both the current development plan prepared under this section by the board and any direction of the Minister referred to in paragraph (c) of section 8(2) of this Act and which is for the time being in force,

(d) in accordance with such development plan, promote and encourage the management, conservation, protection, development and improvement of the fisheries which are not in its possession or occupation in its fisheries region,

(e) ensure that any oyster or other mollusc fishery in its fisheries region is protected in accordance with such direction of the Minister as relates to a fishery of that kind,

(f) encourage, promote, market and develop angling for salmon, trout, coarse fish and sea-fish and, for the purposes of any or all of those kinds of angling, provide such facilities and amenities, if any, as it thinks fit,

(g) encourage, promote, organise and co-ordinate together with the inland fisheries owners, bodies and organisations in its fisheries region, the voluntary development of inland fisheries catchment management plans in its fisheries region and for that purpose have regard to the distinctive circumstances which pertain in each of the catchment systems in its region and consult with and involve local authorities and other interested bodies and organisations and comply with any directions the Minister may from time to time give to it,

(h) co-operate and co-ordinate with the Central Board or any one or more of the regional boards where necessary to ensure the effective and efficient deployment of resources, performance of functions, drawing up of estimates and the provision of services within and between the fishery regions, and in this regard comply with any directions the Minister may from time to time give to it, and

(i) in the performance of its functions, have regard to the need for the sustainable development of the inland fisheries resource (including the conservation of fish and other species of fauna and flora habitats and the biodiversity of inland water ecosystems) and as far as possible ensure that its activities are carried out so as to protect the national heritage, within the meaning of the Heritage Act, 1995.”,

and

(b) by substituting the following for subsection (2):

“(2) A regional board may provide such services (including education or training courses or facilities for training or instruction) for the management, conservation, protection, development and improvement of fisheries, or such other matters relating to fisheries, as it thinks fit and charge such fees in respect of those services (other than those provided for another board or the Minister) as it thinks fit.

(2A) For the purposes of performing its functions under this Act, but subject to the directions, if any, of the Minister, a regional board may enter into such partnership or other arrangements with such persons or bodies as it thinks fit.

(2B) A regional board shall have regard to the particular role and contribution of angling clubs and associations in the sustainable management and development to the public benefit of State, public and other inland fisheries in its fisheries region.”.

9 Committees of regional boards.

9.—The Act of 1980 is hereby amended by the insertion of the following in Chapter II of Part II, after section 17:

“17A.—(1) A regional board may establish committees to assist and advise it in relation to the performance of its functions.

(2) A committee may, if the regional board concerned thinks fit, include amongst its members persons who are not members of the board.

(3) The regional board concerned may appoint a member of the board to be the chairperson of a committee.

(4) The regional board concerned may at any time dissolve a committee.

(5) A regional board may regulate the procedures of its committees but, subject to any such regulation, a committee may regulate its own procedure.”.

10 Ministerial directions to boards.

10.—The Act of 1980 is hereby amended by the insertion of the following before Division I of Chapter IV of Part II:

“DIVISION IA

Ministerial Direction

18A.—(1) The Minister may, from time to time, give to the Central Board or a regional board policy directions for the management, conservation, protection, development or improvement of fisheries within a fisheries region or for the protection of molluscs, either in general terms or in relation to specific matters.

(2) A board shall comply with the directions of the Minister and where necessary shall co-operate and co-ordinate with other boards in giving effect to them.”.