Fisheries act, 1980

• Act Number: 1
• Enactment Date: 18 March 1980

Number 1 of 1980
FISHERIES ACT, 1980
ARRANGEMENT OF SECTIONS
PART I
Preliminary and General
Section 1. Short title, collective citation and construction. 2. Interpretation. 3. Appointed day. 4. Fishery year. 5. Orders. 6. Repeals.
PART II
Central Fisheries Board and Regional Fisheries Boards
CHAPTER I
Central Fisheries Board
7. Central Fisheries Board. 8. Functions of Central Board. 9. Transfer of certain properties of boards of conservators to Central Board.
CHAPTER II
Fisheries Regions and Regional Boards
10. Fisheries regions and regional boards. 11. Functions of and other provisions relating to regional boards. 12. Election of members of regional boards. 13. Electorate for election of elected members of regional boards. 14. Qualification for elected members of regional boards. 15. Postponement of elections of members of regional boards. 16. Failure to elect elected members of regional board. 17. Disqualification of member of regional board by non-attendance at meetings.
Chapter III
Fishery Improvement
18. Powers of Central Board and regional boards in relation to improvement of fisheries.
Chapter IV
Miscellaneous Provisions Relating to Central Board and Regional Boards
Division I
Reports, Finance, etc.
19. Annual reports and information to Minister. 20. Estimates. 21. Grants to Central Board and regional boards. 22. Accounts and audits. 23. Borrowings.
Division II
Removal of Members
24. Removal of members of Central Board or a regional board.
Division III
Staff
25. Staffs of Central Board and regional boards. 26. Instruments of appointment for purposes of Part XVIII of Principal Act. 27. Certain offices etc. to be filled through Local Appointments Commission. 28. First appointment of chief officer of Central Board or regional board. 29. Transfer of staff to Central Board, etc. 30. Transfer of staff to regional boards, etc. 31. Superannuation of transferred staff. 32. Staff schemes. 33. Staff superannuation generally.
Chapter V
Dissolution of Boards of Conservators and Inland Fisheries Trust
34. Boards of conservators dissolved and certain appointments terminated. 35. Dissolution of Trust and transfer of its property, etc. 36. Saver regarding certain rights of ordinary subscribing members of Trust.
PART III
Acquisition and Transfer of Fisheries, etc.
37. Acquisition of fisheries, etc. 38. Acquisition of portions of rivers or lakes contiguous to certain weir (freshwater) fisheries. 39. Right of way (acquisition). 40. Transfer of fisheries to Minister or Central Board by Commissioners. 41. Transfer of fisheries to Minister or Central Board by Irish Land Commission. 42. Transfer of certain fisheries to Central Board by Minister. 43. Compensation. 44. Arbitrator. 45. Sale by Minister of certain fisheries, fishing rights and businesses.
PART IV
Legal Proceedings, Penalties, etc.
46. Certain offences may be tried on indictment. 47. Jurisdiction. 48. Proof that boat is foreign sea-fishing boat. 49. Trial of offences. 50. Alteration of certain penalties under Principal Act or Act of 1962. 51. Forfeiture of licences and consequential disqualification orders. 52. Payment of certain fines as compensation; delivery of oysters or other fish. 53. Power of authorised officer to take boat to port, etc.
PART V
Aquaculture and Salmon Levy
54. Aquaculture. 55. Salmon levy.
PART VI
Miscellaneous
56. Prohibition of sale of certain fish. 57. Prohibition of sale of certain nets or netting. 58. Register of Trout, Coarse Fish and Sea Anglers. 59. Certain rights to fish given to former life members of Trust and to persons on Register of Trout, Coarse Fish and Sea Anglers. 60. Powers of Minister in operating a fishery. 61. Liability of Minister or Central Board for damage by flooding. 62. Section 12 of Finance Act, 1895, restricted. 63. Amendment of section 15 of Principal Act. 64. Amendment of section 20 of Principal Act. 65. Amendment of section 50 of Principal Act. 66. Amendment of section 65 of Principal Act. 67. Amendment of section 67 of Principal Act. 68. Amendment of Chapter III of Part VI of Principal Act. 69. Amendment of sections 159 and 160 of Principal Act, section 42 of Finance Act, 1925, and section 12 of Finance Act, 1940. 70. Amendment of Part XIV of Principal Act. 71. Amendment of section 297 of Principal Act. 72. Amendment of section 312 of Principal Act. 73. Amendment of section 19 of Act of 1962. 74. Amendment of section 59 of Foyle Fisheries Act, 1952. 75. Amendment of sections 2 and 19 of Fisheries (Amendment) Act, 1978. 76. Section 278 of Principal Act, in so far as it applies to Moville Area, and section 10 (1) of Foyle Fisheries (Amendment) Act, 1961, saved.
FIRST SCHEDULE
Repeals
SECOND SCHEDULE
PART I
Central Fisheries Board
PART II
Regional Fisheries Boards
PART III
Interpretation (Second Schedule)
THIRD SCHEDULE
Properties Transferred to the Central Board by Section 9
FOURTH SCHEDULE
Amendment of Enactments
FIFTH SCHEDULE
Provisions Referred to in Sections 37, 38 and 39
Number 1 of 1980
FISHERIES ACT, 1980
AN ACT TO ESTABLISH A BODY TO BE KNOWN AS THE CENTRAL FISHERIES BOARD AND TO DEFINE ITS FUNCTIONS, TO ENABLE REGIONAL FISHERIES BOARDS TO BE ESTABLISHED AND TO DEFINE THEIR FUNCTIONS, TO DISSOLVE IONTAOBHAS IASCAIGH INTÍRE IONCORPORTHA (THE INLAND FISHERIES TRUST INCORPORATED) AND CERTAIN BOARDS OF CONSERVATORS ESTABLISHED BY THE FISHERIES (CONSOLIDATION) ACT, 1959 , TO AMEND SECTION 59 OF THE FOYLE FISHERIES ACT, 1952 , TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE FOREGOING AND OTHERWISE TO AMEND AND EXTEND THE FISHERIES ACTS, 1959 TO 1978. [18th March, 1980]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
PART I Preliminary and General
	Short title, collective citation and construction.	1.—(1) This Act may be cited as the Fisheries Act, 1980.
	(2) The Fisheries Acts, 1959 to 1978 and this Act may be cited together as the Fisheries Acts, 1959 to 1980.
	(3) The Fisheries Acts, 1959 to 1976, the Fisheries (Amendment) Act, 1978 , and this Act shall be construed together as one.
	Interpretation.	2.—(1) In this Act—
	“the Act of 1962” means the Fisheries (Amendment) Act, 1962 ;
	“the Act of 1977” means the European Assembly Elections Act, 1977 ;
	“the appointed day” means the day appointed by the Minister under section 3;
	“the arbitrator” has the meaning assigned to it by section 44 (2);
	“board”, except in Part II of the Second Schedule or where the context otherwise requires, means the Central Board or a regional board;
	“the Central Board” has the meaning assigned to it by section 7 (1);
	“the Central Board's transferred staff” has the meaning assigned to it by section 29 (1);
	“the Commissioners”, except in sections 27 and 28, means the Commissioners of Public Works in Ireland;
	“easement” includes a profit à prendre and any right in or over water;
	“election year”, subject to section 15 (2), means the year fixed by the Minister under section 12 (5) and every fifth successive year thereafter;
	“the European Communities” means the European Economic Community, the European Coal and Steel Community and the European Atomic Energy Community;
	“fisheries region” has the meaning assigned to it by section 10;
	“functions” includes powers and duties;
	“the Principal Act” means the Fisheries (Consolidation) Act, 1959 ;
	“the proposed servient tenement” means the land over which the route of a way-leave or right of way shown on a plan referred to in section 37 (3) or section 39 (2) passes;
	“Register of Trout, Coarse Fish and Sea Anglers” has the meaning assigned to it by section 58 (1);
	“the required right of way” has the meaning assigned to it by section 39 (1);
	“regional board” has the meaning assigned to it by section 10 (3);
	“the regional board's transferred staff” has the meaning assigned to it by section 30 (1);
	“the Salmon Conservancy Fund” means the fund described in section 49 of the Principal Act;
	“strokehaul” means any weighted instrument or device which may be used, whether with a rod and line or otherwise, to foul-hook fish;
	“the Trust” means Iontaobhas Iascaigh Intíre Ioncorportha (The Inland Fisheries Trust Incorporated).
	(2) Apart from section 8 (1), (b), insofar as it enables the Minister to give directions for the protection of molluscs, section 8 (1) (g) and subparagraphs (iii) and (iv) of section 11 (1) (c) of this Act, nothing in this Act shall be construed as enabling the Minister to give directions in relation to sea-fish or stocks of sea-fish or as assigning to either the Central Board or a regional board any function in relation to sea-fish or stocks of sea-fish.
	Appointed day.	3.—The Minister may by order appoint a day to be the appointed day for the purposes of this Act.
	Fishery year.	4.—(1) The Minister may by order specify that any reference to a fishery year in the Principal Act shall on and after such 31st day of December as may be specified in the order be construed and have effect as a reference to a period which is co-extensive with the calendar year.
	(2)...