Fisheries Act, 1939

Restrictions on angling for trout.

9.—(1) The board of conservators for each fishery district shall, as soon as may be after the commencement of this section, by order declare that any rivers or lakes or portions thereof situate in such district, which such board considers should be scheduled as trout waters, shall be scheduled trout waters for the purposes of this section and may from time to time thereafter by further orders declare that any other rivers or lakes or portions thereof situate in such district, which such board considers should also be scheduled as trout waters, shall be scheduled trout waters for the said purposes, and any rivers or lakes or portions thereof in respect of which an order has been made under this sub-section shall so long as such order remains in force be scheduled trout waters for the said purposes.

(2) A board of conservators may, at any time, revoke any order made by it under the immediately preceding sub-section.

(3) Every order made under either of the immediately preceding sub-sections shall be in such form and shall be published in such manner as the Minister may direct.

(4) Trout rod licences shall be of three kinds, namely—

(a) trout rod (general) licences,

(b) trout rod (riparian owner's) licences,

(c) trout rod (juvenile) licences.

(5) Notwithstanding anything contained in section 21 of the Fisheries (Ireland) Act, 1848, there shall be payable on—

(a) a trout rod (general) licence, a licence duty of five shillings,

(b) a trout rod (riparian owner's) licence, a licence duty of sixpence,

(c) a trout rod (juvenile) licence, a licence duty of sixpence.

(6) Any person may obtain a trout rod (general) licence and such licence shall be valid throughout the State.

(7) Any person who satisfies the board of conservators for a fishery district that he is the occupier of any land contiguous to any portion of scheduled trout waters in such district in which he is entitled to fishing rights may obtain a trout rod (riparian owner's) licence and such licence shall be valid only in the portion of such scheduled trout waters in which such fishing rights exist.

(8) Any person who satisfies the board of conservators for a fishery district that he is for the time being under the age of seventeen years may obtain from such board a trout rod (juvenile) licence, and such licence shall be valid only in such fishery district.

(9) Sections 28, 29, 30 and 31 of the Fisheries (Ireland) Act, 1848 and section 17 of the Fisheries (Ireland) Act, 1869 shall (subject to such modifications therein as are, having regard to the preceding provisions of this section, necessary) apply to trout rod licences.

(10) It shall not be lawful for any person to fish for trout with a single rod and line in any scheduled trout waters situate in a fishery district unless—

(a) such person is the holder of a trout rod (general) licence for the time being in force, or

(b) such person is the occupier of land contiguous to the portion of such scheduled trout waters in which he is found fishing and is entitled to fishing rights in that portion and is the holder of a trout rod (riparian owner's) licence for the time being in force issued by the board of conservators for such fishery district and valid for that portion, or

(c) such person is a member of the family of the occupier of land contiguous to the portion of such scheduled trout waters in which such person is found fishing and such occupier is entitled to fishing rights in that portion and is the holder of a trout rod (riparian owner's) licence for the time being in force issued by the board of conservators for such fishery district and valid for that portion, or

(d) such person is the holder of a trout rod (juvenile) licence for the time being in force issued by such board of conservators.

(11) If any person acts in contravention of sub-section (10) of this section such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one pound.