Fisheries Act, 1939
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Restriction on use of nets in freshwater. |
35.—(1) It shall not be lawful for any person to use any net for the capture of fish in the freshwater portion of any river or in any lake, unless— | |
(a) such net is used under and in accordance with bye-laws made under this section, or | ||
(b) such person is the holder of a certificate granted by the Minister under this section and such net is used under and in accordance with such certificate, or | ||
(c) such net is a landing net and is used solely as auxiliary to lawful fishing with rod and line, or | ||
(d) such net is used solely for the purpose of removing fish from traps in a weir, or | ||
(e) such net is constructed for the capture of eels and is used in a several fishery. | ||
(2) If any person uses any net in contravention of this section such person shall be guilty of an offence under this section and shall be liable on summary conviction to a fine not exceeding twenty-five pounds. | ||
(3) The Minister may by bye-laws authorise the use, subject to such conditions as he thinks proper in any specified area in the freshwater portion of any river or in any lake, of any kind or kinds of net which may be lawfully used for the capture of fish, other than salmon, trout or eels, under the Fisheries Acts, 1842 to 1937, and the provisions of sub-sections (2), (3), (4) and (5) of section 28 of the Fisheries Act, 1925 (No. 32 of 1925), as amended by section 10 of the Courts of Justice Act, 1936 (No. 48 of 1936), shall apply in respect of such bye-laws. | ||
(4) The Minister may by certificate in writing if he thinks fit and subject to such conditions as he shall specify in the certificate authorise the owner of a fishery or with the consent of such owner any named person to do within the limits of such fishery all or any of the following things, that is to say:— | ||
(a) to use nets for the purposes of catching or attempting to catch any salmon or trout for the purpose of artificial propagation, and the young or fry of salmon, trout or eels for the purpose of stocking that or any other fishery; | ||
(b) to use nets for the purposes of catching or attempting to catch for scientific purposes any fish of any kind specified in the certificate; | ||
(c) to use nets for the purposes of removing fish, other than salmon and trout, from any portion of that fishery in which salmon or trout are found or into which it is intended to introduce salmon or trout. | ||
(5) Where a person before the 1st day of January, 1939, was entitled to use and used in a several fishery in fresh water a net for the capture of fish, and the right of such person to use such net ceases by the operation of this section, compensation in respect of such cesser shall be paid by the Minister to the owner of such net and such compensation shall in default of agreement be fixed by an official arbitrator under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919 . | ||
(6) Where a person (in this sub-section referred to as the employer) before the 1st day of January, 1939, was entitled to use and used in a several fishery in fresh water a net for the capture of fish and the right of the employer to use such net ceases by the operation of this section, every person (in this sub-section referred to as the employee) who proves to the satisfaction of the Minister or the arbitrator appointed to fix compensation under sub-section (5) of this section in respect of such cesser all the following matters, that is to say:— | ||
(a) that, during the whole or substantially the whole of each of the three open fishing seasons (in this sub-section referred to as the appointed seasons) next before the date of such cesser, he was constantly and regularly employed by the employer in or about the operation or protection of such net at a fixed weekly wage or at a wage calculated by reference to the value of the catch, and | ||
(b) that the remuneration received by him in respect of such employment formed the whole or a substantial part of his livelihood while he was so employed, and | ||
(c) that his said employment related exclusively to the operation or protection of such net, and | ||
(d) that his employment has been terminated as the result of such cesser, | ||
shall be entitled to be paid by the Minister, in respect of his loss of employment during the open fishing season, compensation of an amount calculated as follows, that is to say:— | ||
(i) for each of the appointed seasons, a sum (in this sub-section referred to as the appointed sum) equal to four times the average weekly amount received by such person in respect of such employment during the third of the appointed seasons, and | ||
(ii) for each open fishing season (if any) previous to the appointed seasons during which all the following conditions were complied with in respect of the employee, that is to say:— | ||
(I) that during the whole or substantially the whole of such season, he was constantly and regularly employed by the employer in or about the operation or protection of such net at a fixed weekly wage or at a wage calculated by reference to the value of the catch, and | ||
(II) that the remuneration received by him in respect of such employment formed the whole or a substantial part of his livelihood while he was so employed, and | ||
(III) that his said employment related exclusively to the operation or protection of such net, | ||
a sum equal to the appointed sum, | ||
but subject to the overriding limitation that the amount of such compensation shall not in any case exceed thirteen times the appointed sum. |