S.I. No. 330/1973 - Control of Fishing For Salmon Order, 1973.

S.I. No. 330 of 1973.

CONTROL OF FISHING FOR SALMON ORDER, 1973.

I, MICHAEL PAT MURPHY, Parliamentary Secretary to the Minister for Agriculture and Fisheries, in exercise of the powers conferred on me by section 29 of the Fisheries (Amendment) Act, 1962 (No. 31 of 1962), and the Fisheries (Transfer of Departmental Administration and Ministerial Functions) Order, 1965 ( S.I. No. 83 of 1965 ) (as adapted by the Agriculture (Alteration of Name of Department and Title of Minister) Order, 1965 ( S.I. No. 146 of 1965 )), and the Fisheries (Delegation of Ministerial Functions) Order, 1973 ( S.I. No. 93 of 1973 ), hereby order as follows:

1. This Order may be cited as the Control of Fishing for Salmon Order, 1973.

2. This Order shall come into operation on the 14th day of December, 1973.

3. (1) In this Order—

"board" means—

( a ) in the case of the No. 5 or Cork District the person appointed under the Cork Board of Conservators (Dissolution) Order, 1973 ( S.I. No. 281 of 1973 ), to perform the duties of the board of conservators established by the Principal Act for that fishery district;

( b ) in any other case, a board of conservators established by the Principal Act for a fishery district;

"datum years" means—

( a ) in the case of a fishing licence for a fishing engine listed in column (2) of the First Schedule to this Order opposite the mention in column (1) of the said Schedule of the No. 9¹ or Galway District, the No. 9² or Connemara District or the No. 10¹ or Ballinakill District, any three of the years from the year 1969 to the year 1973, and

( b ) in any other case, any four of the years from the year 1968 to the year 1973;

"fishery district" has the meaning assigned to it by the Principal Act and a reference in this Order to a number and name specified in columns (2) and (3) of the Second Schedule to that Act is a reference to the fishery district known by that number and name except that—

( a ) a reference in this Order to the No. 8 or Limerick District does not include a reference to the area to which the River Shannon Tidal Waters (Issue of Fishing Licences) Regulations, 1935 ( S. R. & O. No. 664 of 1935 ), applies or to the fishing weir to which the Fishing Weir Operation (No. 2) Order, 1957 ( S.I. No. 1 of 1957 ) applies,

( b ) a reference in this Order to the No. 13 or Ballyshannon District does not include a reference to the area to which the Ballyshannon District Netting Bye-Law No. 501, 1959, applies or to the fishing weir to which the Fishing Weir Operation (No. 4) Order, 1960 ( S.I. No. 164 of 1960 ) applies,

( c ) a reference in this Order to the No. 14¹ or Letterkenny District does not include a reference to the area to which the Letterkenny District Bye-Law No. 556, 1972, applies;

"the Order of 1972" means the Control of Fishing for Salmon Order, 1972 ( S.I. No. 298 of 1972 );

"the Principal Act" means the Fisheries (Consolidation) Act, 1959 (No. 14 of 1959).

(2) This Order applies to all the waters of the fishery districts mentioned in column (1) of the First Schedule to this Order other than any freshwater lake or the freshwater portion of any river.

4. ( a ) (i) The maximum number of fishing licences for any kind of fishing engine for the taking of salmon mentioned in column (2) of the First Schedule to this Order which a board for a fishery district mentioned in column (1) of the said First Schedule opposite the mention of that kind of fishing engine may issue in any year for the district shall not exceed the number specified in column (3) of the said Schedule opposite the mention of that kind of fishing engine.

(ii) A board shall not issue any fishing licence for its fishery district, except in respect of rod and line, for any kind of fishing engine for the taking of salmon which is not mentioned in column (2) of the said First Schedule opposite the mention of the board's fishery district in column (1) of the said Schedule.

( b ) A board shall not issue a fishing licence, except in respect of rod and line, for any kind of fishing engine for the taking of salmon to a person unless the person—

(i) derived a substantial part of his livelihood in the datum years from fishing for salmon under and in accordance with a fishing licence for that kind of fishing engine issued by that board,

(ii) derived his livelihood mainly from fishing and held a fishing licence for that kind of fishing engine issued by that board in any two of the years from the year 1968 to the year 1973,

(iii) held a fishing licence for that kind of fishing engine issued by that board under the Order of 1972 by virtue of his regular membership of a salmon fishing crew in the datum years (within the meaning of that Order) and derived a substantial part of his livelihood in the year 1973 from fishing for salmon under and in accordance with that licence, or

(iv) derived a substantial part of his livelihood in the datum years from fishing for salmon as a regular member of a salmon fishing crew who were fishing under and in accordance with a fishing licence for that kind of fishing engine.

( c ) A board, when issuing fishing licences, except in respect of rod and line, for any kind of fishing engine for the taking of salmon mentioned in column (2) of the First Schedule to this Order opposite the mention of the board's fishery district in column (1) of the said First Schedule—

(i) shall firstly give priority to persons who held licences issued by that board for that kind of fishing engine for taking of salmon in the datum years and who derived a substantial part of their livelihood in those years from fishing for salmon under and in accordance with those licences,

(ii) shall secondly give priority to persons who held such licences issued by that board for that kind of fishing engine for the taking of salmon in any two of the years from the year 1968 to the year 1973 and derived their livelihood in such years in which they held such licences mainly from fishing,

(iii) shall thirdly give priority to persons who held such licences issued by that board for that kind of fishing engine for the taking of salmon under the Order of 1972 by virtue of their regular membership of salmon fishing crews in the datum years (within the meaning of that Order) and derived a substantial part of their livelihood in the year 1973 from fishing for salmon under and in accordance with that licence, and

(iv) shall then give priority to persons who derived a substantial part of their livelihood in the datum years from fishing for salmon as regular members of salmon fishing crews who were fishing under and in accordance with fishing licences for that kind of fishing engine issued by that board.

( d ) Where a person—

(i) to whom a fishing licence for any kind of fishing engine for the taking of salmon would have been issued in accordance with this Order by a board for any year, and

(ii) who held a fishing licence for that kind of fishing engine for the taking of salmon issued by that board in the preceding year,

dies or becomes permanently incapable, owing to a physical or mental disability, of fishing under and in accordance with the licence, the board may issue the licence to a member of the person's family selected by it who in the said preceding year derived a substantial part of his livelihood from fishing for salmon or derived his livelihood mainly from fishing.

( e ) A person shall not hold at the same time more than one fishing licence for a particular kind of fishing engine for the taking of salmon or a fishing licence for a particular kind of fishing engine for the taking of salmon and a fishing licence for that kind of fishing engine for the taking of salmon in the Foyle Area (within the meaning of the Foyle Fisheries Act, 1952 (No. 5 of 1952)).

5. ( a ) Where the number of applications to a board for fishing licences for any kind of fishing engine for the taking of salmon from persons to whom priority is required to be given firstly under Article 4 (c) of this Order exceeds the appropriate maximum number mentioned in column (3) of the First Schedule to this Order, the board shall determine, having regard to the number of years from the year 1969 to the year 1973 (in case the board is the board for the No. 9¹ or Galway District, the No. 9² or Connemara District or the No. 10¹ or Ballinakill District) and from the year 1968 to the year 1973 (in any other case) in which a fishing licence for that kind of fishing engine for the taking of salmon issued by that board was held by any of the applicants and the proportion and amount of his livelihood in each of those years that each such applicant derived from salmon fishing under and in accordance with the licence, which of such applicants shall be given priority firstly in the issue of the licences, and

(i) if the board determines that a number of persons equal to or less than the said appropriate maximum number shall be given priority firstly, the board shall thereupon issue fishing licences for that kind of fishing engine for the taking of salmon to those persons, and

(ii) if the board determines that the number of persons to whom priority should be given firstly is greater than the said appropriate maximum number, the board shall then select a number of persons equal to the said appropriate maximum number, being persons to whom, in the board's opinion, having regard to all the circumstances, licences should be issued and shall thereupon issue fishing licences for that kind of fishing engine for the taking of salmon to the persons so selected.

( b ) Where the number of applications to a board for fishing licences for any kind of fishing engine for the taking of salmon from persons to whom priority is required to be given firstly under Article (4) (c) of this Order is less than the appropriate maximum number mentioned in column (3) of the First Schedule to this Order, the board shall determine, having regard to the number of years from the year 1969 to the year 1973 (in case the board is the board for the No. 9¹ or Galway District, the No. 9² or Connemara District or the No. 10¹ or Ballinakill District) and from the year 1968 to the year 1973 (in any other case) in which a fishing licence for that kind of fishing engine for the taking of salmon issued by that board was held by any of the applicants, and the proportion and amount of his livelihood in each of those years that each such applicant derived from fishing, which of such applicants shall be given priority secondly in the issue of the remaining licences, and

(i) if the board determines that a number of persons equal to or less than the number of the remaining licences, shall be given priority secondly, the board shall thereupon issue fishing licences for that kind of fishing engine for the taking of salmon to those persons, and

(ii) if the board determines that the number of persons to whom priority should be given secondly is greater than the number of the remaining licences, the board shall then select a number of persons equal to the said remaining number of licences, being persons to whom, in the board's opinion, having regard to all the circumstances, licences should be issued, and shall thereupon issue fishing licences for that kind of fishing engine for the taking of salmon to the persons so selected.

( c ) Where the number of applications to a board for fishing licences for any kind of fishing engine for the taking of salmon from persons to whom priority is required to be given firstly and secondly under Article 4 (c) of this Order is less than the appropriate maximum number mentioned in column (3) of the said First Schedule, the board shall determine which of such persons, being the persons (if any) to whom licences were issued by that board for that kind of fishing engine for the taking of salmon under the order of 1972 by virtue of their regular membership of salmon fishing crews, shall be given priority thirdly in the issue of the remaining licences, and

(i) if the board determines that a number of persons equal to or less than the number of the remaining licences shall be given priority thirdly the board shall thereupon issue fishing licences for that kind of fishing engine for the taking of salmon to those persons, and

(ii) if the board determines that the number of persons to whom priority should be given thirdly is greater than the number of the remaining licences, the board shall then select a number of persons equal to the said remaining number of licences, being persons to whom, in the board's opinion, having regard to all the circumstances, licences should be issued and shall thereupon issue fishing licences for that kind of fishing engine for the taking of salmon to the persons so selected.

( d ) Where the number of applications to a board for fishing licences for any kind of fishing engine for the taking of salmon from persons to whom priority is required to be given firstly, secondly and thirdly under Article 4 (c) of this Order is less than the appropriate maximum number mentioned in column (3) of the said First Schedule, the board shall determine, having regard to the number of years from the year 1969 to the year 1973 (in case the board is the board for the No. 9¹ or Galway District, the No. 9² or Connemara District or the No. 10¹ or Ballinakill District) and from the year 1968 to the year 1973 (in any other case) in which the applicants were members of salmon fishing crews fishing under and in accordance with a licence for that kind of fishing engine for the taking of salmon issued by that board which of such applicants shall be given priority in the issue of the remaining licences, and

(i) if the board determines that a number of persons equal to or less than the number of the remaining licences, shall be given priority, the board shall thereupon issue fishing licences for that kind of fishing engine for the taking of salmon to those persons, and

(ii) if the board determines that the number of persons to whom priority should be given is greater than the number of the remaining licences, the board shall then select a number of persons equal to the said remaining number of licences, being persons to whom, in the board's opinion, having regard to all the circumstances, licences should be issued, and shall thereupon issue fishing licences for that kind of fishing engine for the taking of salmon to the persons so selected.

6. An application to a board for a fishing licence for any kind of fishing engine, other than rod and line, for the taking of salmon shall be made in the form specified in the Second Schedule to this Order not later than—

( a ) the 24th day of December in the cases of the No. 7 or Kerry District and the No. 12 or Sligo District, or

( b ) the 31st day of December in the cases of the other fishery districts specified in the First Schedule to this Order,

immediately preceding the commencement of the salmon fishing season to which the application relates.

7. The following Orders are hereby revoked:

( a ) Control of Fishing for Salmon (Lough Swilly) Order, 1972 ( S.I. No. 82 of 1972 ),

( b ) the Order of 1972, and

( c ) Control of Fishing for Salmon (Amendment) Order, 1973 ( S.I. No. 108 of 1973 ).

8. (1) ( a ) The weekly close time for fishing for salmon in a several fishery in a fishery district specified in column (1) of the First Schedule to this Order shall, in lieu of being the period prescribed by section 139 of the Principal Act, be the period commencing at 6 a.m. on Saturday and ending at 1 p.m. on the next following Monday,

( b ) The number of fishing licences, except in respect of rod and line, which a board may issue for any kind of fishing engine for the taking of salmon in a several fishery referred to in subparagraph (a) of this paragraph shall not exceed the number issued for that kind of fishing engine for the taking of salmon for the year 1973, or in the case of a several fishery in respect of which no licences for that kind of fishing engine for the taking of salmon for the year 1973, were issued, the average annual number of licences for that kind of fishing engine for the taking of salmon issued in respect of the several fishery for the years from the year 1963 to the year 1972.

(2) Articles 4, 5 and 6 of this Order shall not apply in relation to fishing licences in respect of several fisheries.

FIRST SCHEDULE

SECOND SCHEDULE.

CONTROL OF FISHING FOR SALMON ORDER, 1973.

APPLICATION FOR A SALMON FISHING LICENCE ( OTHER THAN ROD AND LINE).

PART I.

To: Clerk,

Board of Conservators.

HEREBY DECLARE THAT I EITHER

(A)— held salmon fishing licences and that my income was as follows during the years 1968 to 1973:—

OR

(B)—did not hold a salmon fishing licence in any of the years from 1968 to 1973 but I was a member of a salmon fishing crew as follows during the years 1968 to 1973. (Please attach a certificate signed by the licence holder for whom you were a crew member showing the years and periods you were a crew member).

(C)—DURING EACH OF THE ABOVE YEARS MY PRINCIPAL

OCCUPATION WAS ............................................................ ............................................................ ..........................

............................................................ ............................................................ ...........................

............................................................ ............................................................ ............................

*Details in respect of 1968 need not be given by applicants for licences in the Galway, Connemara and Ballinakill fishery districts.

(D)—I HAVE/HAVE NOT held a salmon fishing licence issued by the Foyle Fisheries Commission during the years 1968 to 1973. (If so, give particulars) ............................................................ ....

(E)—I HEREBY APPLY for a salmon fishing licence to operate a ............................................................  ............................................................ ........................................................... (state type of net, etc.) during the ........................fishing season.

Signature of applicant............................................................ ..

Principal occupation..............................................Date..........

PART II.

THE CERTIFICATE FOLLOWING MUST BE COMPLETED IN EVERY APPLICATION.

*I ............................................................ .......... certify that Mr..................................................

............................................................ who is known to me, is ordinarily resident at the address stated in Part I and signed this form in my presence.

*Note: The signature of the applicant for a fishing licence must be witnessed by either a Peace Commissioner, a Clergyman or a member of An Gárda Síochána of the rank of Sergeant or above.

THE LATEST DATES FOR RECEIVING COMPLETED FORMS OF APPLICATION, WHICH SHOULD BE ADDRESSED TO:

The Clerk (Mr./Miss/Mrs............................................................ ......................................................

............................................................ ..........................................................Board of Conservators

............................................................ ............................................................ ......................................

............................................................ ............................................................ .......................................

ARE

IMPORTANT.

PARTS I AND II OF THIS APPLICATION FORM MUST BE COMPLETED BEFORE THE FORM IS RETURNED TO THE BOARD OF CONSERVATORS INDICATED ABOVE.

GIVEN under my hand, this 13th day of December, 1973.

MICHAEL PAT MURPHY,

Parliamentary Secretary to the Minister

for Agriculture and Fisheries.

EXPLANATORY NOTE.

The Order limits the number of salmon fishing licences for fishing engines, other than rod and line, for use in public and private fisheries in all waters other than any freshwater lake or the freshwater portion of any river, and in the case of such private fisheries, extends the weekly close time to 1 p.m. on the Monday of each week.