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Foyle Fisheries Act, 1952

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Number 5 of 1952.


FOYLE FISHERIES ACT, 1952.


ARRANGEMENT OF SECTIONS

PART I.

Preliminary and General.

Section

1.

Short title.

2.

Interpretation.

3.

The Foyle Area.

4.

Restriction of Fisheries Acts.

5.

Laying of accounts and reports before Oireachtas.

6.

Deposit of copies of orders and regulations.

7.

Expenses.

PART II.

Acquisition of Foyle Fishery Rights.

8.

Power to acquire fishing rights, etc.

9.

Exemption from stamp duties.

PART III.

The Foyle Fisheries Commission.

10.

Commencement of this Part.

Constitution and Functions.

11.

Establishment of Foyle Fisheries Commission.

12.

Exemption from rates and taxes.

13.

Regulations.

14.

Restriction on number of licences.

Financial Provisions.

15.

Annual Estimate.

16.

Grants.

17.

Advances.

18.

Power of the Commission to borrow temporarily.

Dissolution of Moville Board.

19.

Dissolution of Moville Board of Conservators.

20.

Continuance of pending legal proceedings.

21.

Continuation of licences.

The Advisory Council for the Foyle Area.

22.

Establishment and Functions of Advisory Council.

PART IV.

Rates on Fisheries.

23.

Rates on fisheries.

24.

Liability of occupier for fishery rate.

25.

Collection of fishery rate.

26.

Recovery of fishery rate.

27.

Fishery rates struck by Moville Board.

PART V.

Times of Fishing and Ancillary Provisions.

28.

Close seasons and close time.

29.

Fishing during close seasons.

30.

Fishing during close time.

31.

Obstruction of salmon and trout.

32.

Removal of fixed engines during close season and close time.

33.

Removal of nets from banks of rivers during close season.

34.

Use of nets during close season or close time.

35.

Prohibition of sale, etc., of salmon and trout unlawfully captured.

36.

Restrictions on sale and export for sale of salmon and trout.

PART VI.

Protection of Fisheries.

Regulations as to Nets.

37.

Restrictions on use of nets.

38.

Mesh of nets for the taking of salmon in the sea and tideways.

39.

Use of salmon nets near mouths of rivers.

40.

Restriction on possession of unlawful net, etc.

Prohibition of Certain Methods of Fishing for, and of Practices Liable to Destroy, Salmon and Other Fish.

41.

Use or possession of explosives.

42.

Use or possession of deleterious or poisonous matter.

43.

Penalty for using, etc., certain devices for taking fish.

44.

Fishing for salmon or trout in a river by cross lines.

45.

Damming, etc., river or mill race for purpose of taking salmon or trout.

46.

Taking fish unlawfully killed or found dead.

Protection of Young and Breeding Fish.

47.

Taking, etc., spawn, smolts or fry of salmon or trout.

48.

Disturbing fish on spawning beds.

49.

Penalties for taking, buying, etc., unseasonable salmon or trout.

Miscellaneous Offences.

50.

Obstructing persons lawfully fishing.

51.

Placing fishing engine with intent to prevent fish entering nets lawfully set.

52.

Giving warning to persons unlawfully fishing.

Agents for Fishery Owners.

53.

Appointment.

PART VII.

Powers of Authorised Persons.

54.

Definitions.

55.

Appointment of inspectors and river watchers.

56.

Appointment of river watchers by persons interested in fisheries.

57.

Limitations on exercise of powers.

58.

Warrant for exercise of powers.

59.

General powers.

60.

Power of Peace Commissioner to grant warrant to enter certain places.

61.

Boarding and examination of fishing vessels.

62.

Apprehension of offenders.

63.

Powers in relation to fishing engines, etc.

64.

Powers of inspection, examination, and detention.

65.

Procedure consequent upon seizure of unlawful fishing engines and lawful fishing engines unlawfully used.

66.

Protection of authorised persons.

67.

Penalty for assaulting or obstructing authorised persons.

PART VIII.

Legal Proceedings.

68.

Application of penal provisions of Act.

69.

Penalties for offences.

70.

Saving for acts done for artificial propagation, scientific purposes or improvement of fisheries.

71.

Residence of body corporate.

72.

Offences by bodies corporate.

73.

Trial of offences.

74.

Evidence of mouths of rivers, boundaries between tidal and freshwater portions of rivers, points of mouths, of rivers to or from which distances are to be measured.

75.

Forfeiture of licences.

76.

Forfeiture of fishing engines, etc., as statutory consequence of conviction.

77.

Non-obligation of Court to pronounce or record forfeiture.

78.

Disposal of fines.

79.

Payments to Commission and Gárda Síochána Reward Fund in respect of fines.

80.

Disposal of forfeitures and payments to Commission and Gárda Síochána Reward Fund.

81.

Proof of regulations, bye-laws, etc,.

82.

Inquiries.

83.

Powers in relation to inquiry.

FIRST SCHEDULE.

Enactments not in force in Moville Area

SECOND SCHEDULE.

Draft terms of Agreement

THIRD SCHEDULE.

The Foyle Fisheries Commission

FOURTH SCHEDULE.

The Advisory Council for the Foyle Area

FIFTH SCHEDULE.

Form of Appointment of River Watcher under Section 56


Acts Referred to

Fisheries (Tidal Waters) Act, 1934

No. 24 of 1934

Fisheries Act, 1939

No. 17 of 1939

Fisheries Act, 1925

No. 32 of 1925

Court Officers Act, 1926

No. 27 of 1926

Fisheries (Amendment) Act, 1949

No. 18 of 1949

Documentary Evidence Act, 1925

No. 24 of 1925

Fisheries Act, 1924

No. 6 of 1924

Fisheries (Amendment) Act, 1944

No. 6 of 1944

Fisheries (Statute Law Revision) Act, 1949

No. 27 of 1949

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Number 5 of 1952.


FOYLE FISHERIES ACT, 1952.


AN ACT TO AUTHORISE THE MAKING OF A CERTAIN AGREEMENT WITH RESPECT TO FISHING RIGHTS IN THE TIDAL WATERS OF THE LOUGH AND RIVER FOYLE AND ITS TRIBUTARIES, TO PROVIDE FOR THE MANAGEMENT, CONSERVATION, PROTECTION AND IMPROVEMENT OF THE FISHERIES IN THE FOYLE AREA, TO ESTABLISH A FOYLE FISHERIES COMMISSION AND TO DEFINE ITS FUNCTIONS, TO DISSOLVE THE BOARD OF CONSERVATORS FOR THE MOVILLE DISTRICT, AND TO PROVIDE FOR OTHER MATTERS (INCLUDING THE CHARGING OF FEES ON CERTAIN FISHING LICENCES) CONNECTED WITH THE MATTERS AFORESAID. [25th March, 1952.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—