Fisheries (Consolidation) Act, 1959

Restriction on carriage of certain fishing nets on board sea-fishing boats.

226.—(1) The Minister may, whenever and so often as he thinks fit, by order declare it to be unlawful to carry, on board any Irish sea-fishing boat in a specified area or on board any other sea-fishing boat in so much (if any) of that area as is within the exclusive fishery limits of the State, any net for sea-fishing which is not constructed in such manner and has not a mesh of at least such size as may be specified in such order.

(2) An order under this section—

(a) may relate to more than one area, and in that case may contain different provisions in respect of each area to which it relates;

(b) may specify different modes of construction and different minimum sizes of mesh for fishing for different kinds of sea-fish, for different methods of fishing, for fishing in different areas and for fishing during different periods;

(c) may direct the manner in which the minimum sizes of mesh specified in such order are to be measured for the purposes of such order;

(d) may, in the case of any class of nets, specify different minimum sizes for the mesh of the nets when dry or wet and before or after treatment with preservatives.

(3) If, whenever an order under this section is in force, any net is carried on board any sea-fishing boat in contravention of such order, each of the following persons, namely, the master, the owner and the charterer (if any) of such boat, shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds.

(4) Where a person is convicted of an offence under this section, any net by means of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.