S.I. No. 164/1960 - Fishing Weir Operation (No. 4) Order, 1960.

S.I. No. 164 of 1960.

FISHING WEIR OPERATION (No. 4) ORDER, 1960.

I, MICHEÁL Ó MÓRÁIN, Minister for Lands, in exercise of the powers conferred on me by section 108 of the Fisheries (Consolidation) Act, 1959 (No. 14 of 1959), hereby order as follows:

1. This Order may be cited as the Fishing Weir Operation (No. 4) Order, 1960.

2. This Order shall come into operation on the 4th day of August, 1960.

3. The Electricity Supply Board is hereby authorised to operate without a free gap the fishing weir known as Cathaleen's Falls Weir, Ballyshannon, subject to the following conditions:

(a) the number of fish entering the said weir shall be counted in a manner to be approved by the Minister,

(b) the fish entering the said weir during the periods specified shall be dealt with as follows:

(i) there shall be released upstream immediately after a count thereof has been made all fish taken in the said weir during the period from the 1st day of January to the last day of February in each year and during the period from the 20th day of August to the 31st day of December in each year,

(ii) there shall be released upstream immediately after a count thereof has been made all fish taken in the said weir during any period in which a prohibition contained in any bye-law made under section 9 of the Fisheries (Consolidation) Act, 1959 (No. 14 of 1959), on fishing or attempting to fish for salmon or trout with any fishing engine other than rod and line in the tidal waters of the River Erne and of its tributary, the Abbey River, is in force and applies in relation to the whole of those waters,

(iii) there shall be released upstream immediately after a count thereof has been made all fish taken in the said weir during the weekly close time from the 1st day of March to the 19th day of August in each year,

(iv) (I) there shall be released upstream such number of the fish entering the said weir in any week, otherwise than in the weekly close time, during the period from the 1st day of March to the 19th day of August in each year (but excluding any period referred to in clause (ii) of this sub-paragraph) as together with the number of fish released in accordance with clauses (i), (ii) and (iii) of this subparagraph in that week shall be not less than four-fifths of the total number of fish entering the weir in that week,

(II) in this clause "week" means a week ending at the commencement of the weekly close time;

(c) fish shall be taken in the said weir only in such manner as may be approved by the Minister,

(d) the method of calculation to be adopted for the purpose of this Order shall be settled to the satisfaction of the Minister,

(e) a record shall be kept in a place convenient to the said weir of the number of fish entering the weir, the number permitted to escape upstream and the number and weight of the fish retained.

4. The Fishing Weir Operation (No. 3) Order, 1959 ( S.I. No. 88 of 1959 ), is hereby revoked.

GIVEN under my Official Seal, this 4th day of August, 1960.

MICHEÁL Ó MÓRÁIN,

Minister for Lands.

EXPLANATORY NOTE.

This Order authorises the Electricity Supply Board to operate without a free gap the fishing weir known as Cathaleen's Falls Weir, Ballyshannon, subject to the conditions specified.