Fisheries (Consolidation) Act, 1959
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Restrictions on issue of drift net and draft net licences in tidal portions of rivers in which the Electricity Supply Board has a fishery or fishing rights. |
88.—(1) In this section, the expression “tidal portion of a river to which this section applies” means— | |
(a) the tidal portion of the River Shannon, | ||
(b) the tidal portion of any river in which the Electricity Supply Board has acquired a fishery or a fishing right under Part III of the Act of 1945 (No. 12 of 1945). | ||
(2) The Minister may, if he so thinks proper, do, in respect of the tidal portion of a river to which this section applies, the following things— | ||
(a) make regulations prescribing the maximum number (which shall not, in case that river is the River Shannon, exceed seventy) of licences for fishing with drift nets therein which may be issued in any year in which the open season for such fishing begins after the date of such regulations; | ||
(b) make regulations prescribing the maximum number (which shall not, in case that river is the River Shannon, exceed twenty-five) of licences for fishing with draft nets therein which may be issued in any year in which the open season for such fishing begins after the date of such regulations; | ||
(c) make regulations in relation to the issue of such licences as are mentioned in either paragraph (a) or (b) of this subsection with a view to securing to persons who held such drift net licences or draft net licences (as the case may be) in the year before the date of the regulations under paragraph (a) or (b) of this subsection a preferential right to purchase such drift net licences or draft net licences (as the case may be) before the commencement of any open season for fishing under such licences in respect of which the number of such licences is limited by the last-mentioned regulations. | ||
(3) Whenever the Minister makes under this section regulations prescribing the maximum number of licences of any particular kind which may be issued in respect of the tidal portion of any particular river in any particular open season, the number of such licences issued in respect of such tidal portion in any such open season shall not exceed the maximum number so prescribed. | ||
(4) Where a person is convicted of an offence under the repealed enactments or an offence under any provision of this Act, such person shall not be entitled to any preferential right to obtain a licence under this section. | ||
(5) (a) In this subsection— | ||
the expression “the Act of 1935” means the Shannon Fisheries Act, 1935 (No. 4 of 1935); | ||
the expression “the Act of 1956” means the Fisheries (Statute Law Revision) Act, 1956 (No. 28 of 1956). | ||
(b) If, immediately before the operative date, the provisions of subsection (1) of section 23 of the Act of 1935 (repealed by the Act of 1956) are, by virtue of subsection (5) of section 11 of the Act of 1956 (repealed by this Act), in force, then, those provisions shall, notwithstanding such repeals, continue in force and shall, for the purposes of this section, be deemed to have been made by regulations under paragraphs (a) and (b) of subsection (2) of this section. | ||
(c) If, immediately before the operative date, the River Shannon Tidal Waters (Issue of Fishing Licences) Regulations, 1935 ( S.R. & O. No. 664 of 1935 ), made under subsection (2) of section 23 of the Act of 1935 (repealed by the Act of 1956) are, by virtue of subsection (6) of section 11 of the Act of 1956 (repealed by this Act) in force, then, those Regulations shall, notwithstanding such repeals, continue in force and shall, for the purposes of this section, be deemed to have been made under paragraph (c) of subsection (2) of this section. |