Inland Fisheries Act 2010

PART 1 Preliminary and General

1.. Short title, construction and collective citation.

1.— (1) This Act may be cited as the Inland Fisheries Act 2010.

(2) The Fisheries (Consolidation) Act 1959, Fisheries (Amendment) Act 1962, Fisheries (Amendment) Act 1964, Fisheries (Amendment) Act 1976, Fisheries Act 1980, Fisheries (Amendment) Act 1987, Fisheries (Amendment) (No. 2) Act 1987, Fisheries (Amendment) Act 1991, Fisheries (Amendment) Act 1994, Fisheries (Amendment) Act 1995, Fisheries (Commissions) Act 1997, Fisheries (Amendment) Act 1997 (insofar as it relates to IFI), Fisheries (Amendment) Act 1999, section 111 of the Water Services Act 2007 and this Act may be cited together as the Inland Fisheries Acts 1959 to 2010 and shall be construed together as one.

2.. Definitions.

2.— In this Act—

F1["Act of 1962" means theFisheries (Amendment) Act 1962;]

“Act of 1980” means Fisheries Act 1980;

“Act of 1991” means Fisheries (Amendment) Act 1991;

“Act of 1987” means Fisheries (Amendment) (No. 2) Act 1987;

“Act of 1994” means Fisheries (Amendment) Act 1994;

“Act of 1999” means Fisheries (Amendment) Act 1999;

“Act of 2000” means Fisheries (Amendment) Act 2000;

“Arbitrator” has the meaning assigned to it by section 66 (2);

“Commissioners” means Commissioners of Public Works in Ireland;

“Central Board” means the body established under section 7(1) of the Fisheries Act 1980;

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

“functions” includes powers and duties;

“IFI” means Inland Fisheries Ireland established under section 6;

“Inland Fisheries Acts” means Inland Fisheries Acts 1959 to 2010 and every other enactment which is to be read together with any of those Acts;

“Joint Oireachtas Committee” means a Joint Committee of the Houses of the Oireachtas to which the Oireachtas has assigned the role of examining matters relating to inland fisheries;

“local authority” has the meaning assigned to it by the Local Government Act 2001;

“Minister” means Minister for Communications, Energy and Natural Resources;

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

“proposed servient tenement” means the land over which the route of a way-leave or right of way shown on a plan referred to in section 60(3) or section 62(2) passes;

“recognised trade union or staff association” means a trade union or staff association recognised by IFI for the purposes of negotiations that are concerned with the terms and conditions of employment and the working conditions of employees;

“regional board” means a body established by virtue of section 10(3) of the Fisheries Act 1980;

“Register of Sea Anglers” has the meaning assigned to it by section 73;

“required right of way” has the meaning assigned to it by section 62(1);

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

3.. Expenses.

3.— The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of monies provided by the Oireachtas.

4.. Repeals.

4.— The enactments mentioned in Schedule are, on the establishment day, repealed to the extent specified in the third column of Schedule 1.

5.. Establishment day.

5.— (1) The Minister shall by order appoint a day to be the establishment day for the purposes of this Act.

(2) Parts 3, 4 and 5 of this Act come into operation on the establishment day.

PART 2 Establishment of Inland Fisheries Ireland

Chapter 1

6.. Inland Fisheries Ireland.

6.— (1) There stands established on the establishment day a body to be known as, in the English language, Inland Fisheries Ireland, or in the Irish language, Iascach Intíre Éireann, to perform the functions conferred on it by this Act and to be referred to in this Act as “IFI”.

(2) IFI shall be a body corporate with perpetual succession and a seal and power to sue and be sued in its corporate name and to acquire, hold and dispose of land or rights in, over or under land or water and acquire, hold and dispose of any other kind of property.

(3) (a) IFI shall perform the functions conferred on it by this Act within and having regard to all waters within the State comprising of a fishery district and any other waters which are—

(i) in any area of the sea to which the internal or inland waters of the State extend under F2[section 8 of the Maritime Jurisdiction Act 2021], and

(ii) in the portion of the sea which lies between the baseline for the purposes of F3[within the meaning of the Maritime Jurisdiction Act 2021] and the line every point of which is on the seaward side and at a distance of 12 nautical miles from the nearest point of that baseline.

(b) The Minister may by order substitute for the reference to 12 nautical miles in subsection (3)(a)(ii) a reference to a number of nautical miles specified in the order.

(c) In case an order under subsection (3)(b) is for the time being in force, subsection (3)(a)(ii) shall be construed and have effect as if for the reference in it to 12 nautical miles there were substituted a reference to the number of nautical miles specified in the order.

(4) (a) An order made under subsection (3) shall be laid before each House of the Oireachtas as soon as practicable after it is made.

(b) Either House of the Oireachtas may, within 21 sitting days after the day on which an order was laid before it in accordance with paragraph (a), pass a resolution annulling the order.

(c) The annulment under paragraph (b) of an order takes effect immediately on the passing of the resolution concerned, but does not affect anything that was done under the order before the passing of the resolution.

7.. Functions of IFI.

7.— (1) The principal function of IFI is the protection, management and conservation of the inland fisheries resource.

(2) Without prejudice to subsection (1) the general functions of IFI are to—

(a) promote, support, facilitate and advise the Minister on the conservation, protection, management, marketing, development and improvement of inland fisheries, including sea angling,

(b) develop and advise the Minister on policy and national strategies relating to inland fisheries including sea angling, and

(c) ensure implementation and delivery of policy and strategies developed under subsection (b) as agreed with the Minister.

(3) Subject to subsection (1), IFI shall—

(a) subject to this Act, protect the inland fisheries resource and generally enforce the Inland Fisheries Acts,

(b) ensure that any fishery, hatchery or fish farm in the possession or occupation of IFI is managed, conserved, protected, developed and improved, or otherwise dealt with, in accordance with the corporate plan prepared in accordance with section 41,

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

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

(e) encourage 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 may be required,

(f) encourage, promote, organise and co-ordinate together with the inland fisheries owners, bodies and organisations, the voluntary development of inland fisheries catchment management plans and for that purpose have regard to the distinctive circumstances which pertain in each of the catchment systems and consult with and involve local authorities and other interested bodies and organisations,

(g) in the performance of its functions have regard to the requirements of the European Communities (Natural Habitats) Regulations 1997 (S.I. No. 94 of 1997) and 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),

(h) 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),

(i) ensure the effective and efficient deployment of resources, performance of functions, drawing up of estimates and the provision of services,

(j) 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, and

(k) support angling promotion and marketing activities and co-operate with relevant State agencies and such sectoral interests as IFI considers relevant in developing international promotion and marketing strategies and activities in relation to game, coarse and sea tourism angling.

(4) (a) IFI shall establish and manage a forum (“national inland fisheries forum”) to facilitate stakeholder input into policy formulation. This forum shall consist of broad representation across such stakeholders of the inland fisheries sector as IFI considers relevant.

(b) The terms of reference, including membership, of the forum established under subsection (4)(a) will be set by IFI with the agreement of the Minister.

(5) (a) IFI may establish a Standing Scientific Committee to advise and assist it on all technical and scientific matters relating to the management of the State’s inland fisheries resource.

(b) The terms of reference including the composition and membership of a Committee established under paragraph (a) will be set by IFI with the agreement of the Minister.

(6) IFI may provide such services (including education and 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 the provision of those services (other than those provided by the Minister), as it thinks fit.

(7) (a) IFI 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 IFI to carry out research or experimental work on or in relation to any species of sea fish (within the meaning of the Sea-Fisheries and Maritime Jurisdiction Act 2006), other than research similar or analogous to research in relation to sea fish being carried on by the Central Board immediately before the establishment day.

(b) In the carrying out of work under subsection (7)(a) IFI shall, as appropriate, co-operate and co-ordinate with the Marine Institute and other agencies or persons that IFI considers relevant.

(c) IFI shall, unless it considers that it is not in the public interest to do so, make the results of any research carried out in accordance with subsection (7) (a) available, within 6 months after it has been fully completed.

(8) IFI may, following consultation with the Minister for the Environment, Heritage and Local Government, engage in relevant activities which would protect or conserve wildlife (within the meaning of section 2(1) of the Wildlife Act 1976).

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

(10) The power under Part V of the Principal Act of striking rates on fisheries, in so far as before the commencement of this section it was exercisable by a regional board, and the powers under that Part to amend, collect and recover such a rate are, on the establishment day assigned to IFI.

(11) The powers under the Principal Act to issue licences, for fishing for salmon or eels and to issue oyster fishing licences which, immediately before the establishment day, were exercisable by a regional board shall, on and from the establishment day, be exercisable by IFI. Duties payable as regards licences issued under the Principal Act shall be paid to IFI.

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

(13) The Minister may by order assign to IFI such functions relating to fisheries (being functions additional to those assigned by this Act) as the Minister thinks fit.

8.. Transfer of functions to IFI.

8.— (1) The administration and business in connection with the exercise, performance or execution of any of the functions transferred by subsection (2) are transferred, on the establishment day, to IFI.

(2) The functions vested in the Central Board or a regional board by or under—

(a) the provisions of the enactments mentioned in Schedule 2, and

(b) the regulations mentioned in Schedule 3,

are, on the establishment day, transferred to IFI.

(3) (a) The Acts specified in Schedule 2 are amended on the establishment day as indicated in that Schedule.

(b) The statutory instruments specified in Schedule 3 are amended on the establishment day as indicated in that Schedule. The fact that those instruments are so amended does not preclude their subsequent amendment by the relevant instrument making authority.

(4) If a provision of an enactment referred to in Schedule 2, or a provision of an instrument made under such enactment, does not come into effect until on or after the establishment day, a function that on the passing of that enactment or the making of that instrument was assigned under or in connection with that provision to the Central Board or any regional board is, by this Act, transferred to IFI on the commencement of that provision. References in any other Act or instrument made under an Act not mentioned in subsection (3) to the Central Board or a regional board are to be read as references to IFI.

(5) The functions transferred by this Act to IFI include the functions specified in any enactment referred to in Schedule 2 or Schedule 3 as a function of the following—

(a) the chief executive officer of the Central Board, and

(b) the chief executive officer of any regional board.

(6) Subject to this or any other enactment, IFI shall have all powers necessary or expedient to perform its functions.

9.. Regional operations of IFI.

9.— (1) From the establishment day, for the purposes of performing the functions assigned to it under this Act, IFI shall manage and report its business on the basis of that part of the following River Basin Districts which are situate within the State—

(a) Eastern River Basin District (including the Neagh Bann River Basin District),

(b) Western River Basin District,

(c) South Eastern River Basin District,

(d) South Western River Basin District,

(e) North Western River Basin District, and

(f) Shannon River Basin District,

as defined in the Second Schedule to the European Communities (Water Policy) Regulations 2003 (S.I. No. 722 of 2003).

(2) The Minister may, following consultation with IFI, the Joint Oireachtas Committee and such other bodies as he or she deems appropriate, specify by order alternative means by which IFI shall manage and report its business and for as long as an order under this subsection is in force, subsection (1) does not apply.

(3) (a) An order made under subsection (2) shall be laid before each House of the Oireachtas as soon as practicable after it is made.

(b) Either House of the Oireachtas may, within 21 sitting days after the day on which an order was laid before it in accordance with paragraph (a), pass a resolution annulling the order.

(c) The annulment under paragraph (b) of an order takes effect immediately on the passing of the resolution concerned, but does not affect anything that was done under the order before the passing of the resolution.

10.. Ministerial directions.

10.— (1) The Minister may give IFI such general policy directions as he or she considers appropriate to be followed by IFI in the exercise of its functions.

(2) IFI shall comply with any direction given to it under subsection (1).

11.. Seal of IFI.

11.— (1) IFI shall, as soon as may be after its establishment, provide itself with a seal.

(2) The seal of IFI shall be authenticated by the signature of—

(a) the chairperson of IFI or another member of IFI, or

(b) a member of staff of IFI,

authorised by IFI to act in that behalf.

(3) Judicial notice shall be taken of the seal of IFI and every document purporting to be an instrument made by IFI and to be sealed with the seal of IFI (purporting to be authenticated in accordance with subsection (2)) shall be received in evidence and be deemed to be such instrument without further proof unless the contrary is shown.

(4) Any contract or instrument which, if entered into or executed by a person not being a body corporate, would not require to be under seal may be entered into or executed on behalf of IFI by any person generally or specially authorised by IFI in that behalf.

12.. Membership of IFI.

12.— (1) IFI shall consist of 9 members appointed by the Minister of whom—

(a) one shall be appointed by the Minister as chairperson,

(b) in accordance with subsection (3), 3 shall be appointed by the Minister,

(c) one shall be appointed on the nomination of the Minister for the Environment, Heritage and Local Government,

(d) one shall be appointed on the nomination of the Minister for Community, Rural and Gaeltacht Affairs,

(e) 2 shall be appointed on the Minister’s own nomination, and

(f) one shall be a member of staff of IFI appointed following an election in accordance with section 13.

(2) Subject to subsections (7) and (8) of section 23, the chief executive shall be an ex-officio member of IFI.