S.I. No. 353/1974 - Control of Fishing For Salmon Order, 1974.

S.I. No. 353 of 1974.

CONTROL OF FISHING FOR SALMON ORDER, 1974.

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, 1974.

2. This Order shall come into operation on the 6th day of December, 1974.

3. (1) In this Order—

"board" means a board of conservators established by the Principal Act for a fishery district or, where any such board has been dissolved by an Order made under section 51 of the Principal Act, the person appointed to perform the duties of such board of conservators;

"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. 9 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;

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

"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 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, 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 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 licences 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 either—

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

(ii) derived his livelihood mainly from fishing and fished for salmon under and in accordance with a fishing licence issued by that board for that kind of fishing engine in any two of the years from the year 1968,

(iii) held a fishing licence issued by that board for that kind of fishing engine in the year preceding the year for which the licences are being issued by virtue of his regular membership of a salmon fishing crew in the datum years and derived a substantial part of his livelihood from fishing for salmon under and in accordance with that licence,

(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 issued by that board for that kind of fishing engine for the taking of salmon, or

(v) is a person to whom a licence may be issued under paragraph (d) or (e) of this Article.

( 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 derived a substantial part of their livelihood from fishing for salmon under and in accordance with fishing licences issued by that board to those persons for that kind of fishing engine for the taking of salmon in the year preceding the year for which the licences are being issued and who fished for salmon under and in accordance with fishing licences issued by that board to those persons for that kind of fishing engine for the taking of salmon in the datum years and 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 derived their livelihood mainly from fishing and who fished for salmon under and in accordance with fishing licences issued by that board to those persons for that kind of fishing engine for the taking of salmon in the year preceding the year for which the licences are being issued and who fished for salmon under and in accordance with fishing licences issued by that board to those persons for that kind of fishing engine for the taking of salmon in any two of the years from the year 1968 and derived their livelihood mainly from fishing in the years in which they held such licences,

(iii) shall thirdly give priority to persons who derived a substantial part of their livelihood from fishing for salmon under and in accordance with fishing licences issued by that board to those persons for that kind of fishing engine for the taking of salmon in the year preceding the year for which the licences are being issued and 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 issued by that board for that kind of fishing engine for the taking of salmon,

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

(v) shall fifthly, give priority to persons who fished for salmon under and in accordance with fishing licences issued by that board to those persons for that kind of fishing engine for the taking of salmon in any two of the years from the year 1968, and derived their livelihood mainly from fishing in the years in which they held such licences,

(vi) 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 issued by that board for that kind of fishing engine for the taking of salmon.

( 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 by a board in accordance with this Order for any year, and

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

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 immediate family selected by the board 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 ) Where a board—

(i) issues a licence of any kind to a person under paragraph (d) of this Article for any year, on the death or incapacity of a person (in this paragraph referred to as the former licensee), and

(ii) the person applies to the board for the issue of that kind of fishing licence for the taking of salmon in a subsequent year,

then the board may issue a licence for that kind of fishing engine for the taking of salmon to the person if the person derived a substantial part of his livelihood from fishing for salmon, or derived his livelihood mainly from fishing and fished for salmon, under and in accordance with that licence in the year referred to in subparagraph (i) of this paragraph and each subsequent year, and, for the purposes of the issue of the licence, the person shall be accorded the priority under this Order in relation to the issue of licences to which the former licensee was entitled and to the priority under this Order in relation to such issue to which he is entitled.

( f ) 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 in the datum years in which a fishing licence issued by that board for that kind of fishing engine for the taking of salmon 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 for salmon 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 1968 in which a fishing licence issued by that Board for that kind of fishing engine for the taking of salmon 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 First Schedule to this Order, the board shall determine having regard to the number of years in the datum years, in which the applicants held fishing licences issued by that board for that kind of fishing engine for the taking of salmon and having regard to the number of years in the datum years in which the applicants were members of salmon fishing crews fishing under and in accordance with a fishing licence issued by that board for that kind of fishing engine for the taking of salmon and the proportion and amount of his livelihood in each of those years which each such applicant derived from fishing for salmon which of such applicants 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 First Schedule to this Order, the board shall determine, having regard to the number of years in the datum years, in which a fishing licence issued by that board for that kind of fishing engine for the taking of salmon 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 for salmon under and in accordance with the licence, which of such applicants shall be given priority fourthly 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 fourthly, 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 fourthly 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.

( e ) 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, thirdly and fourthly 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 1968 in which a fishing licence issued by that board for that kind of fishing engine for the taking of salmon 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 fifthly 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 fifthly, 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 fifthly 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.

( f ) 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, thirdly, fourthly and fifthly 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 in the datum years, in which the applicants were members of salmon fishing crews fishing under and in accordance with a fishing licence issued by that board for that kind of fishing engine for the taking of salmon and the proportion and amount of his livelihood in each of those years that each such applicant derived from fishing for salmon 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 Control of Fishing for Salmon Order, 1973 ( S.I. No. 330 of 1973 ) is hereby revoked.

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, with the exception of the portion of the several fishery on the River Blackwater in the No. 4 or Lismore District, southward of a line drawn across the said river from the townland boundary between the townlands of Strancally and Newport East on the west, to the townland boundary between the townlands of Coolbagh and Ballynaclash on the east, all in the County Waterford, 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 in the year preceding the year for which the licences are being issued, 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 were issued for that year, the average annual number of fishing 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 for any kind of fishing engine for the taking of salmon in a several fishery.

FIRST SCHEDULE.

SECOND SCHEDULE.

CONTROL OF FISHING FOR SALMON ORDER, 1974.

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

IN THE....................FISHERY DISTRICT

PART I.

(B) If you held a salmon net licence for the last salmon fishing season insert in the table below details of your income for the past twelve months.

(C) If you did not hold a salmon net licence for the last salmon fishing season but either:—

(i) held salmon net licences since 1968*

or

(ii) had regular membership of a salmon fishing crew since 1968*

complete the table below giving details of those licences or of your membership of a salmon fishing crew. (Attach a certificate from the licence holder showing the year and the period of your crew membership).

TABLE

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

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

during the ............................................. season in the ............................................................ ..... area.

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.

*Applicants from the Galway, Connemara and Ballinakill Fishery Districts should give details of any three of the years since 1969.

*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 Garda Síochána of the rank of Sergeant or above.

_______________________________________________________________________

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

ARE:

24th December — FOR KERRY AND SLIGO BOARDS OF CONSERVATORS

31st December — FOR ALL OTHER BOARDS OF CONSERVATORS.

_________________________________________________________________________________

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 5th day of December, 1974.

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, other than a defined private fishery in the No. 4 or Lismore District, extends the weekly close time to 1 p.m. on the Monday of each week.