No. 14/1959:

FISHERIES (CONSOLIDATION) ACT, 1959

ARRANGEMENT OF SECTIONS

PART I PRELIMINARY AND GENERAL

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 an freshwater portions of rivers, points of mouths of rivers from which distances are to measured, etc.

11 Provisions in relation to publication and deposit of bye-laws, etc., and appeal against a bye-laws, etc.

12 Regulations for fishing by holders of special local licences.

13 Returns by holders of 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 licences in respect of special tidal waters.

86 Prohibition of issue of licences for map 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 not and draft net licences in tidal portions of rivers in which the Electricity Supply Board has a fishery or fishing right.

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 rigid material for the taking of salmon in the sea and tideways.

94 Salmon nets no to be used at, mouths of rivers or within half a mile seaward of 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 Expectations

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 Regulation 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 gaps in fishing weirs and obstructing free gaps.

113 Rules as to boxes in salmon 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. on 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 section 62 or 63 of the Fisheries (Ireland) Act, 1842, or section 115 or 118.

120 Penalty for using fishing engine within hundred yards of certain dams.

121 Penalty for using fishing engine at or within fifty yard of a mill dam to which there is no fish pass.

122 Provisions in relation to wheel sluices, etc., of mills, etc. deriving water from salmon rivers.

123 Gratings in watercourses diverted from rivers to prevent entry therein of salmon or trout.

124 Obligations of owners of hydraulic machines supplied from salmon rivers.

125 Penalty for taking fish, etc. in works or watercourses appurtenant to mills or factories.

PART IX RESTRICTIONS AS TO TIMES OF FISHING FOR SALMON, TROUT, POLLEN, AND EELS, AND ANCILLARY PROVISIONS

CHAPTER I Salmon and Trout

126 Annual close season for salmon and trout.

127 Penalties for fishing, otherwise than by rod and line, for salmon or trout during annual close season for salmon and trout.

128 Dismantlement of fixed engines during the annual close season for salmon and trout.

129 Dismantlement of salmon fishing mill dams during the annual close season for salmon and trout.

130 Removal of nets from banks of rivers during the annual close season for salmon and trout.

131 Penalty for obstructing or disturbing salmon or trout during the annual close season for salmon and trout.

132 Penalty for use of nets during annual close season for salmon and trout.

133 Penalty for using boat for capture of salmon or trout during the annual close season for salmon and trout.

134 Penalties for buying, etc., salmon or trout during the annual close season for salmon and trout.

135 Prohibition of export of salmon caught at certain times.

136 Prohibition of capture, sale, etc., of trout in January and part of February.

137 Annual close season for angling for salmon and penalties for angling for salmon therein.

138 Annual close season for angling for trout and penalties for angling for trout therein.

139 Weekly close time.

140 Penalties for fishing, otherwise than by rod and line, for salmon or trout during the weekly close time.

141 Penalty for preventing fish from passing through boxes during weekly close time.

142 Provisions in relation to offences under sections 140 and 141.

143 Provisions to be observed in relation to certain fixed engines during the weekly close time.

144 Provisions to be observed in relation to salmon fishing weirs and fishing mill dam during weekly close time.

145 Penalty for scaring or obstructing free passage of salmon or trout during the weekly close time.

146 Penalty for use of nets during weekly close time.

147 Penalty for using boat for capture of salmon or trout during the weekly close time.

CHAPTER II Pollen

148 Annual close season for pollen.

149 Penalties for fishing for, etc. pollen during the annual close season for pollen.

150 Penalties for buying, etc., pollen during the annual close season for pollen.

CHAPTER III Eels

151 Annual close season for eels.

152 Restrictions on fishing for eels during annual close season for eels.

153 Penalty for placing, etc., fishing engines for taking eels in eyes, etc., of fishing weir or fishing mill dam during annual close season for eels or during daytime.

PART X RESTRICTIONS ON SALE AND EXPORT FOR SALE OF SALMON AND TROUT

154 Definitions for purposes of Part X.

155 Exemption of preserved salmon and trout.

156 Restrictions on sale, etc. of salmon and trout.

157 Restrictions on export for sale of salmon and trout.

158 Certificate of fitness to hold a Part X licence.

159 Salmon dealers licences and salmon exporter's licences.

160 Renewal of Part X licences.

161 Termination of Part X licences.

162 Publication of Part X licences.

163 Registers to be kept by holders of Part X licences.

PART XI MISCELLANEOUS PROVISIONS IN RELATION TO SALMON AND FRESH WATER FISHERIES

CHAPTER I Prohibition of Certain Methods of fishing for, and of Practices Liable to Destroy Salmon and Other Fish

164 Penalty for using, deleterious matter for capture, etc., of fish or having possession of deleterious matter with intent to use it in capture etc., of fish.

165 Penalties for using, etc. light or fire for purpose of taking fish.

166 Penalty for using etc. certain instruments for purpose of taking fish.

167 Penalty for fishing for salmon or trout in a river by Cross lines.

168 Penalty for taking salmon or trout in eel weir.

169 Penalty for damming, etc. river or mill race for purpose of taking salmon or trout.

170 Penalties for taking fish unlawfully killed or found dead.

CHAPTER II Protection of Fishing Waters from Poisoning and Pollution

171 Penalty for steeping flax or hemp in waters or throwing, etc. deleterious matter into Waters.

172 Protection of waters from pollution.

CHAPTER III Protection of Young and Breeding Fish

173 Penalty for taking, etc., spawn, smolts or fry of salmon, trout or eels.

174 Penalty for chasing, etc., spawning fish.

175 Penalty for taking, etc., undersized pollen.

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

177 Prohibition of export of unseasonable salmon.

CHAPTER IV Protection of Private Fisheries

178 Penalty for unauthorised entry on several.

179 Penalty for fishing with nets in a several fishery without licence of owner.

180 Penalty for unauthorised fishing in private ponds.

181 Penalty for entering without permission lands for purposes of fishing.

CHAPTER V Other Provisions

182 Penalties for purchasing, selling etc., or having in our possession salmon or trout which are unseasonable or unlawfully captured.

183 Marking of packages containing salmon or trout.

PART XII TRANSFERS TO THE MINISTER OF CERTAIN FISHERIES AND PROVISIONS IN RELATION TO FISHERIES SO TRANSFERRED

CHAPTER I Definitions and Evidence of Existence of Several Fisheries in Tidal Waters

184 Definitions for purposes of Part XII.

185 Evidence of existence of several fisheries in tidal waters.

CHAPTER II Transfer to the Minister of Transferable Fisheries

186 Transition period in respect of transferable fisheries.

187 Right of access to transferable fisheries.

188 Survey record of transferable fisheries.

189 Obligation of owners of transferable fisheries to furnish amounts to the Minister.

190 Acquisition of portions of rivers or lakes contiguous to certain weir (fresh water) fisheries.

191 Reservation of angling rights in transferable fisheries.

192 Vesting orders.

193 Registration of title of the Minister to vested fisheries.

194 Compensation in respect of transferable fisheries.

195 Compensation to employees on transferable fisheries.

196 Apportionments of valuations of transferable fisheries.

197 Provisions in relation to orders.

CHAPTER III Transfer to the Minister of certain State Fisheries

198 Transfer of fisheries to the Minister by the Commissioners of Public Works.

199 Transfer of fisheries to the Minister by the Irish Land Commission.

CHAPTER IV Acquisition of Land, etc. by the Minister for Purposes of the Management, Operation and Protection of Vested Fisheries

200 Acquisition of land, etc. by the Minister.

201 Payment and ascertainment of compensation in respect of land etc.

CHAPTER V Operation and Disposal of Vested Fisheries

202 Operation of vested fisheries by the Minister.

203 Powers of the Minister in operating a vested fishery.

204 Sale of land and business.

205 Financial provisions.

206 Accounts, audit and report of proceedings.

207 Leases of vested fisheries.

208 Returns by lessees.

209 Reports by the Minister in relation to lessees.

210 Non-user of vested fisheries.

211 Provisions in relation to unused fisheries.

212 Re-erection or re-equipment of unused fisheries.

CHAPTER VI Supplementary Provisions

213 Right of access to vested fisheries.

214 Right of access for exercise of angling rights.

215 Liability of Minister for damage by flooding.

216 Provisions in relation to Mill-dam fisheries.

217 Restrictions on Minister's powers.

218 Fishing licences in vested fisheries operated by the Minister.

PART XIII SEA FISHERIES

CHAPTER I Preliminary

219 Definitions of purposes of Part XIII.

220 Sea Fisheries Protection Officers.

CHAPTER II Provisions applicable to exclusive fishery limits of the State

221 Restriction on foreign sea fishing boats entering the exclusive fishery limits of the State.

222 Provisions in relation to foreign sea-fishing boats lawfully entering the exclusive fishery limits of the State.

223 Prohibition of certain methods of trawling within the exclusive fishery limits of the State.

224 Other offences in relation to sea-fishing boats within the exclusive fishery limits of the State.

CHAPTER III Provisions Applicable to Undersized Sea-Fish

225 Undersized sea-fish.

226 Restriction on carriage of Certain fishing nets on board sea fishing boats.

227 Restriction on carriage of devices for obstructing meshes of net.

228 Prohibition on having in possession for sale on board sea-fishing boats under sized sea-fish.

229 Prohibition on landing selling, etc undersized sea-fish.

230 Provisions in relation to orders.

231 Powers of inspection, examination and detention of sea-fish, etc.

CHAPTER IV Ancillary Provisions Relating to Chapters II and III of Part XIII

232 Liability of master of boat for offences under Chapter II of Part XIII.

233 Special powers of sea fisheries protection officers for enforcing Chapter II and III of Part XIII.

234 Detention of boat and persons pending prosecution.

235 Detention of boat pending appeal against conviction of offence under Chapter II or III of Part XIII.

236 Recovery of fine for offence under Chapter II or III of Part XIII and of Possession of articles forfeited under the said Chapter II or II.

CHAPTER V Other Provisions relating to Sea Fisheries

237 Penalty for use on the sea coast or within estuary of nets covered with canvas, etc.

238 Provisions in relation to herring and other nets.

239 Penalty for use of trawl or trammel nets in contravention of bye-laws.

240 Use of beaches etc by fishermen for purposes of sea fishing.

241 Use by fishermen of land adjoining fishing places.

242 Bait beds.

243 Fishing boats and gear, etc. picked up at sea to be delivered at nearest Garda Síochána station.

PART XIV OYSTERS

CHAPTER I Definitions

244 Definitions for purposes of Part X IV.

CHAPTER II Oyster Bed Licences

245 Oyster bed licences.

246 Form of oyster bed licences.

247 Inquiry into application for an oyster bed licence.

248 Notice of granting of licence, etc.

249 Effect of oyster bed licence.

250 Determination of licences by certificate of the Minister.

251 Revocation of oyster bed licences.

252 Alteration of oyster bed licenses to give effect to any agreement.

253 Penalty for injuring licensed oyster beds.

254 Effect of oyster bed (1845 Act) and oyster bed (1850 Act) licences.

255 Penalty for trespass on licensed oyster bed.

CHAPTER III Oyster Fishery Orders

256 Power of Minister to make oyster fishery orders.

257 Publication of notices of application.

258 Objection and representation respecting proposed oyster fishery (1959 Act) order.

259 Inquiry into proposed oyster fisher (1959 Act) order.

260 Making of oyster fishery (1959 Act) order.

261 Amendment of oyster fishery order.

262 Effect of oyster fishery (1959 Act) order.

263 Powers of grantees under oyster fishery order to make regulations for management of oyster fishery.

264 Appointment of keepers by grantees under oyster fishery orders.

265 Penalty for trespass on or breach of regulations of oyster fishery.

266 Determination of oyster fishery orders.

267 Oyster fishery order not to abridge right of several fishery.

268 Copies of oyster fishery orders to be kept.

269 Saving for rights of the State.

270 Adaptation of section 9 of the Shannon Fisheries Act, 1938.

CHAPTER IV Close Season for Oysters

271 Close season for oysters.

272 Bye-laws prohibiting the dredging for, etc., oysters during particular period.

273 Penalty for dredging, etc during the close season for oysters or during period specified in bye-laws made under section 272.

274 Authority to dredge for oysters during close season for oysters.

275 Order permitting taking etc., foreign oysters during part of close season for oysters.

CHAPTER V Protection of Oyster Fishery

276 Power of persons interested in oyster beds to appoint water keepers.

CHAPTER VI Licences for Fishing for Oysters

277 Restrictions on taking oysters.

278 Provisions in relation to oyster fishing licenses.

279 Licence duty on oyster fishing licences.

280 Right to issue of oyster fishing licences.

PART XV MOLLUSCS (OTHER THAN OYSTERS)

281 Extension of sections 245 to 253 to mussel beds, periwinkle beds and cockle beds.

282 Extension of sections 256 to 269 to mussels.

283 Close season for molluscs (other than oysters).

284 Bye-laws prohibiting the taking of molluscs (other than oysters) during a specified period.

PART XVI CRABS

285 Penalty for taking, etc. certain edible crabs.

PART XVII PENALTIES FOR MISCELLANEOUS OFFENCES

286 Penalty for three or more persons using violence, etc towards persons lawfully prosecuting a fishery.

287 Penalty for obstructing persons lawfully prosecuting a fishery.

288 Penalty for placing fishing engine with intent to prevent fish entering nets lawfully set.

289 Penalty for not having names of owners painted on fishing boats.

290 Penalty on persons discharging ballast in improper places.

291 Penalty on giving warning to persons unlawfully fishing.

PART XVIII POWERS OF WATER KEEPERS, OFFICERS AND SERVANTS OF BOARDS OF CONSERVATORS, GARDA SÍOCHÁNA AND OTHER PERSONS FOR THE ENFORCEMENT OF THIS ACT

292 Interpretation of Part XVIII.

293 Limitations on exercise of powers conferred on members and officers of boards of conservators.

294 Appointment of water keepers by persons interested in fisheries.

295 Water keeper's instrument of appointment sufficient warrant for exercise of powers.

296 General powers of authorised persons.

297 Power of District Justice to grant warrant to enter certain places.

298 Boarding and examination of fishing vessels.

299 Apprehension of offenders.

300 Powers in relation to weirs, fixed engines, etc.

301 Powers of inspection, examination and detention.

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

303 Persons using fishing engines to produce licence therefor on demand.

304 Production of special local licences.

305 Persons using trout rods in scheduled trout waters to produce licence on demand.

306 Persons using oyster fishing engines to produce licence therefor on demand.

307 Inspection of fish passes.

308 Penalty for assaulting or obstructing persons exercising powers under this Part.

PART XIX LEGAL PROCEEDINGS, FINES, FORFEITURES, EVIDENCE, INQUIRIES AND SERVICE OF DOCUMENTS

309 Trial of offences.

310 Appeals from the District Court.

311 Offences by bodies corporate.

312 Prosecution by Minister of offences under this Act.

313 Bounds need not be set out in indictments, etc.

314 Disposal of fines.

315 Payments to boards of conservators and (in certain cases) Garda Síochána.

316 Non-obligation of Court to pronounce or record forfeiture where forfeiture fell as a statutory consequence of conviction.

317 Disposal of forfeitures.

318 Payments to boards of conservators and (in certain cases) Garda Síochána Reward Fund in respect of proceeds of certain forfeitures.

319 Disposal of proceeds of sale of fish in pursuance of a direction under section 301 (4).

320 Evidence of amount of expenses incurred by the Minister.

321 Proof of bye-laws, etc.

322 Notice of holding of inquiries.

323 Powers of persons appointed by the Minister to hold inquiries.

324 Service of documents.

PART XX MISCELLANEOUS PROVISIONS

325 Provisions in relation to Moville Areas.

326 Saving for certain enactments.

327 Right of owner to take materials from streams.

328 Agents for fishery owners.

PART XXI TRANSITORY PROVISIONS

329 Continuance in office of existing conservators for electoral division.

330 Continuance of existing officers and servants.

331 Continuance of existing authorisations.

332 Fishery rates struck under repealed enactments.

333 Continuance of existing licences and certificates.

334 Continuance of existing by-laws, orders and regulations.

335 Amendment of certain bye-laws made under repealed enactments providing for forfeiture.

FIRST SCHEDULE

SECOND SCHEDULE

THIRD SCHEDULE

FOURTH SCHEDULE

FIFTH SCHEDULE

SIXTH SCHEDULE

AN ACT TO CONSOLIDATE THE FISHERIES ACTS, 1842 TO 1958, AND CERTAIN OTHER ENACTMENTS RELATING TO, FISHERIES.

[8th July, 1959.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—