Fisheries Act, 1980

Functions of and other provisions relating to regional boards.

11.—(1) (a) A regional board shall as regards its fisheries region—

(i) subject to the provisions of this Act, protect the fisheries in such region and generally enforce the Fisheries Acts, 1959 to 1980, therein,

(ii) within the period of two years beginning on the appointed day (or such longer period as the Minister may in any particular case allow) prepare and submit to the Central Board for its consideration an inland fisheries development programme.

(b) Where a regional board has prepared and submitted a development programme under this subsection it shall from time to time as occasion may require, and at least once in every five years from the date of the submission to the Central Board of the programme, review the programme and make in it any variations whether by way of alteration, addition or deletion which it considers proper and shall submit to the Central Board for its consideration the results of the review.

(c) A regional board shall—

(i) ensure that any fishery which is in the possession or occupation of the board or any fishery, hatchery or fish farm which by virtue of section 8 (2) of this Act is under the care and management of the board, is managed, conserved, protected, developed and improved, or otherwise dealt with, in accordance with both the current development programme prepared under this section by the board and any direction given by the Minister under section 8 (1) (b) of this Act and which is for the time being in force,

(ii) promote and encourage the management, conservation, protection, development and improvement in accordance with such development programme of the fisheries in its fisheries region which are not in such possession or occupation,

(iii) ensure that any oyster or other mollusc fishery situated in its fisheries region is protected in accordance with such of the provisions of any such direction as relate to a fishery of that kind, and

(iv) encourage, promote and develop angling for salmon, trout, coarse fish and sea-fish, and for the purposes of any or all of those kinds of angling provide such facilities and amenities (if any) as the regional board thinks fit.

(2) A regional board may, subject to the payment to it of such fees as it shall determine, provide such services regarding the management, conservation, protection or improvement of fisheries, or such other matter relating to fisheries, as it shall think fit.

(3) (a) Subject to Article 1 (b) of the Fourth Schedule to this Act, the power under Part V of the Principal Act of striking a rate on fisheries, in so far as before the commencement of this section it was exercisable by a board of conservators, and the powers under that Part to amend, collect and recover such a rate are, in so far as they apply to a fishery district, hereby assigned to the regional board concerned.

(b) Where a regional board strikes a rate on fisheries, the Minister in considering whether to confirm the rate with or without modification or to exercise the power conferred on him by section 55 of the Principal Act to strike a rate shall have regard to any relevant recommendation made by the Central Board under section 8 (1) (d) of this Act.

(4) The powers under the Principal Act to issue licences, for fishing for salmon or eels (other than salmon rod (twenty-one day) ordinary licences) and to issue oyster fishing licences which, immediately before the passing of this Act, were exercisable by a board of conservators shall, on and from the appointed day, be exercisable by a regional board.

(5) The amendments to the Principal Act or the Act of 1962 specified in the Fourth Schedule to this Act shall have effect as on and from the appointed day.

(6) (a) The Minister may, if he thinks fit, authorise a regional board to engage in the processing and marketing of such species of fish as are specified in the authorisation.

(b) (i) The Minister may by order provide for the issue by any regional board, on payment of such duty (if any) as may be specified in the order, of licences for fishing of a class or description specified in the order.

(ii) In case an order under this section provides for the issue of licences for fishing with engines which are not scheduled engines, then for so long as the order is in force the following provisions shall have effect, namely, any engine which is of a kind described in the order shall for the purposes of section 65 of the Principal Act be regarded as being a scheduled engine and any such licence shall for the said purposes be regarded as being an ordinary fishing licence.

(iii) In case an order under this paragraph is for the time being in force, the powers conferred by the order on regional boards shall be in addition to and not in substitution for the powers conferred on such boards by subsection (4) of this section.

(c) The Minister may by order assign to—

(i) regional boards generally,

(ii) regional boards of a particular class or description,

(iii) one or more particular regional boards,

such functions relating to fisheries (being functions additional to those assigned by this Act) as the Minister thinks fit.

(d) Duties payable as regards licences issued by virtue of this section shall be paid to the regional board by whom the licence is issued.

(e) In this Act “fishing licence”, when used without qualification, shall include a licence issued pursuant to an order under paragraph (b) of this subsection.