Fisheries (Consolidation) Act, 1959

• Jurisdiction: Ireland
• Citation: IR No. 14/1959
• Year: 1959

Number 14 of 1959.

FISHERIES (CONSOLIDATION) ACT, 1959.

ARRANGEMENT OF SECTIONS

Part I

PRELIMINARY AND GENERAl

Section 1. Short title. 2. Commencement. 3. Interpretation generally. 4. Regulations. 5. Repeals. 6. Expenses.

Part II

MISCELLANEOUS POWERS AND DUTIES OF THE MINISTER

7. Special tidal waters. 8. Power of Minister to hold inquiries into fisheries. 9. Power of Minister to make bye-laws for the government, management, protection and improvement of fisheries. 10. Definitions of mouths of rivers, boundaries between tidal and freshwater portions of rivers, points of mouths of rivers from which distances are to be measured, etc. 11. Provisions in relation to publication and deposit of bye-laws, etc., and appeal against bye-laws, etc. 12. Regulations for fishing by holders of special local licences. 13. Returns by holders of special local licences. 14. Power of Minister to grant exemption permits for the purposes of artificial propagation, etc. 15. Power of Minister to grant fish culture licences. 16. Power of Minister to take on lease fisheries for research purposes. 17. Power of Minister to restrict importation of live fish, etc. 18. Annual report by the Minister.

Part III

FISHERY DISTRICTS AND ELECTORAL DIVISIONS

19. Fishery districts and electoral divisions. 20. Creation of new fishery districts and electoral divisions.

Part IV

BOARDS OF CONSERVATORS

21. Construction of boards of conservators. 22. Elections of conservators for electoral divisions to be held in each election year. 23. Number of conservators for electoral divisions. 24. Electorate for election of conservators for an electoral division and scale of votes. 25. Residential or property qualification of conservators. 26. Disqualification from election as a conservator. 27. Triennial elections of conservators. 28. On failure of election former conservators to act. 29. Term of office of conservators. 30. Disqualification of elected member of board of conservators on conviction of offence. 31. Disqualification of conservator by non-attendance at meetings. 32. Resignation of conservator for an electoral division. 33. Casual vacancies amongst elected members. 34. Certain rated occupiers to be ex officio conservators. 35. Disqualification for acting as an ex officio conservator. 36. Appointment of ex officio members in respect of the Shannon fisheries. 37. Appointment of ex officio members in respect of other fisheries acquired by the Electricity Supply Board. 38. Nomination of ex officio members by the Minister. 39. Representation of trout anglers on board of conservators. 40. Officers of board of conservators. 41. Duties of clerk of a board of conservators. 42. Treasurer of the board. 43. Payments of licence duties, etc. to treasurer. 44. Payments by treasurer. 45. Payments in respect of special local licences to Minister by boards of conservators. 46. Board of conservators to furnish annual estimate. 47. Restriction on expenditure by boards of conservators. 48. Accounts of boards of conservators. 49. The Salmon Conservancy Fund. 50. Inquiries in respect of boards of conservators. 51. Power to dissolve boards of conservators. 52. Seal of board of conservators. 53. Proceedings of board of conservators. 54. Protection of salmon spawning in Northern Ireland.

Part V

RATES ON FISHERIES

55. Rates on fisheries. 56. Valuations by reference to which fishery rates are to be struck, and provisions in relation to appeals against valuations of fisheries. 57. Amendment of fishery rates. 58. Liability for fishery rate. 59. Collection and recovery of fishery rate. 60. Payments by Minister in lieu of fishery rate. 61. Fishery rates on leased fisheries. 62. Grants to certain boards of conservators. 63. Suspended provisions as to rates on fisheries.

Part VI

LICENCES FOR FISHING FOR SALMON, TROUT AND EELS

Chapter I

Ordinary Fishing Licences

64. Non-application of this Chapter to special tidal waters. 65. Penalty for using unlicensed scheduled engine, other than rod and line. 66. Penalty for fishing for or taking salmon with rod and line by unlicensed person. 67. Provisions in relation to ordinary fishing licences. 68. Duties on ordinary fishing licences. 69. Licence duties on engines not specified in Fourth Schedule, and restrictions on user of such engines. 70. Agents for issue of ordinary fishing licences. 71. Right to issue of ordinary fishing licences. 72. Payment by instalments of ordinary licence duties on draft nets and drift nets.

Chapter II

Licences for Fishing in Special Tidal Waters

73. Penalty for fishing in special tidal waters by unlicensed person. 74. Special local licences and licence duty thereon. 75. Form and effect of special local licences. 76. Issue of special local licences. 77. Payment of special local licence duty by instalments. 78. Forfeiture of special local licences.

Chapter III

Licences for Fishing for Trout with Rod and Line in Certain Waters

79. Scheduled trout waters. 80. Penalty for fishing in scheduled trout waters for trout with rod and line by unlicensed person. 81. Kinds of trout rod licences and licence duties thereon. 82. Area of validity of trout rod licences. 83. Right to issue of trout rod licences. 84. Provisions in relation to trout rod licences.

Chapter IV

Restrictions on Issue of Fishing Licences

85. Prohibition of issue of ordinary fishing licences in respect of special tidal waters. 86. Prohibition of issue of licences for snap nets in the tidal portion of the River Shannon. 87. Prohibition of issue of licences for snap nets in tidal portion of rivers (other than the River Shannon) in which the Electricity Supply Board has acquired a fishery or fishing right. 88. Restrictions on issue of drift net and draft net licences in tidal portions of rivers in which the Electricity Supply Board has a fishery or fishing rights. 89. Restrictions on issue of licences for nets for fishing in certain fisheries.

Chapter V

Forfeiture of Licences

90. Forfeiture of licences.

Part VII

REGULATIONS AS TO NETS

91. Restrictions on use of nets. 92. Mesh of nets, made of non-rigid material for the taking of salmon in the sea or tideways. 93. Meshes or openings of engines made of rigid material for the taking of salmon in the sea and tideways. 94. Salmon nets not to be used at mouths of rivers or within half a mile seaward or inwards of mouths of rivers. 95. Restriction on use of nets in freshwater. 96. Restriction on possession of nets, etc.

Part VIII

FIXED ENGINES, FISHING WEIRS, FISHING MILL DAMS AND OTHER OBSTRUCTIONS TO THE PASSAGE OF FISH

Chapter I

Prohibition of Fixed Engines, Fishing Weirs and Fishing Mill Dams with Certain Exceptions

97. Penalty for using, etc., fixed engine for the capture of salmon not certificated under the Salmon Fishery (Ireland) Act, 1863. 98. Effect of certificates under section 6 of the Salmon Fishery (Ireland) Act, 1863. 99. Restriction on erection of fishing weirs, fishing mill dams or fixed engines in fresh water portion of rivers. 100. Restriction on use of fishing weirs, fishing mill dams or fixed engines in freshwater. 101. Construction of fishing weirs by the Electricity Supply Board.

Chapter II

Restrictions on Sites of Fixed Engines

102. Prohibition of placing or using fixed engines, etc. in narrow part of estuaries. 103. Prohibition of placing or using fixed engines, etc. at mouths of rivers less than one half mile in breadth. 104. Prohibition of bag nets in certain places. 105. Stake nets not to extend further than from high to low water mark.

Chapter III

Regulations as to the Construction and User of Fixed Engines

106. Regulations as to construction and user of stake nets and bag nets.

Chapter IV

Regulations as to Fishing Weirs and Fishing Mill Dams

107. Free gaps in fishing weirs. 108. Operation of fishing weir by Minister or the Electricity Supply Board without free gap. 109. Operation of eel fishing weirs without free gap. 110. Construction of free gaps in fishing weirs. 111. Penalty for affecting flow of water through free gap by alteration of bed of river. 112. Penalties for fishing in or near free gaps in fishing weirs and obstructing free gaps. 113. Rules as to boxes in salmon fishing weirs and fishing mill dams. 114. Construction of guiding walls appurtenant to fishing weirs and fishing mill dams.

Chapter V

Dams and Natural Obstructions

115. Construction of fish passages in dams for sustaining water for mill power, navigation, etc. in salmon rivers. 116. Fish passes in dams and repair of dams. 117. Alteration of abandoned and disused dams. 118. Alteration or removal of natural obstructions in rivers to allow free migration of fish. 119. Offences in relation to fish passes made under...