Fisheries (amendment) act, 1999

Enactment Date17 December 1999
Act Number35


Number 35 of 1999


FISHERIES (AMENDMENT) ACT, 1999


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1.

Short title, commencement, construction and collective citation.

2.

Interpretation.

PART 2

Amendment of Act of 1980

3.

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

4.

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

5.

Functions of Central Board.

6.

Committies of Central Board.

7.

Amendment of section 10 of Act of 1980.

8.

Amendment of section 11 of Act of 1980.

9.

Committies of regional boards.

10.

Ministerial directions to boards.

11.

Annual report and information to Minister.

12.

Estimates and accounts.

13.

Grants to boards.

14.

Audit of accounts.

15.

Amendment of section 25 of Act of 1980.

16.

Amendment of section 27 of Act of 1980.

17.

Amendment of section 37 of Act of 1980.

18.

Amendment of section 38 of Act of 1980.

19.

Transfer of certain fisheries to boards.

20.

Amendment of section 43 of Act of 1980.

21.

Amendment of section 45(1) of Act of 1980.

22.

National Salmon Commission.

23.

Amendment of Second Schedule to Act of 1980.

PART 3

Wild Salmon and Sea Trout Tagging Scheme

24.

Management of wild salmon and sea trout.

25.

Provisions relating to certain offences under regulations made under section 24.

26.

Amendment of section 90 of Fisheries (Consolidation) Act, 1959 (consequential disqualification orders).

PART 4

Miscellaneous

27.

Amendment of Fisheries (Consolidation) Act, 1959.

28.

Amendment of Fisheries (Amendment) Act, 1991.

29.

Waiver of payment by An Board Iascaigh Mhara of interest on waived advances.

30.

Amendment of Marine Institute Act, 1991.

31.

Exclusion of Carlingford Area from Dundalk Fishery District.


Acts Referred to

British-Irish Agreement Act, 1999

1999, No. 1

Fisheries Act, 1980

1980, No. 1

Fisheries Acts, 1959 to 1998

Fisheries (Amendment) Act, 1962

1962, No. 31

Fisheries (Amendment) Act, 1991

1991, No. 26

Fisheries (Consolidation) Act, 1959

1959, No. 14

Forestry Acts, 1919 and 1928

Forestry Acts, 1946 to 1988

Heritage Act, 1995

1995, No. 4

Marine Institute Act, 1991

1991, No. 2

Sea Fisheries Act, 1952

1952, No. 7


Number 35 of 1999


FISHERIES (AMENDMENT) ACT, 1999


AN ACT TO AMEND THE FISHERIES ACT, 1980, IN RELATION TO THE COMPOSITION AND FUNCTIONS OF THE CENTRAL FISHERIES BOARD AND REGIONAL FISHERIES BOARDS, TO MAKE CERTAIN CHANGES TO THEIR PROCEDURES, TO PROVIDE FOR THE ESTABLISHMENT OF THEIR COMMITTEES, TO PROVIDE FOR THE TRANSFER OF ASSETS BETWEEN THE BOARDS, TO PROVIDE FOR THE ESTABLISHMENT OF A NATIONAL SALMON COMMISSION TO ADVISE THE MINISTER ON MATTERS RELATING TO THE NATIONAL SALMON RESOURCE, TO PROVIDE FOR A SCHEME FOR THE TAGGING OF WILD SALMON AND SEA TROUT, TO AMEND THE FISHERIES (AMENDMENT) ACT, 1991, TO PROVIDE FOR THE APPOINTMENT OF MANAGEMENT COMMITTEES OF FISHERIES CO-OPERATIVE SOCIETIES AND FOR RELATED PURPOSES, TO MAKE CONSEQUENTIAL AMENDMENTS TO THE FISHERIES (CONSOLIDATION) ACT, 1959, TO AMEND THE MARINE INSTITUTE ACT, 1991, TO WAIVE THE PAYMENT OF ACCRUED INTEREST ON CERTAIN WAIVED ADVANCES OF AN BORD IASCAIGH MHARA, AND TO PROVIDE FOR RELATED MATTERS. [17th December, 1999]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART 1

Preliminary and General

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.

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

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),”.

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”.

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...

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