Fisheries (Amendment) Act, 1999
|
PART 4 Miscellaneous | ||
|
Amendment of Fisheries (Consolidation) Act, 1959. |
27.—The Fisheries (Consolidation) Act, 1959 , is hereby amended— | |
(a) in section 3(1), by the insertion of the following after paragraph (c) in the definition of “fixed engine”: | ||
“(cc) a fixed long line, or.”, | ||
(b) in section 11(1)(b), by the substitution for “and in one or more newspapers circulating in the district affected thereby” of “and a notice advising of the making of the instrument and its contents shall be published in one or more newspapers circulating in the district affected by the instrument”, | ||
(c) in section 100— | ||
(i) in subsection (5), by the substitution of the following for paragraph (a): | ||
“(a) A regional board may, if it thinks fit, grant to— | ||
(i) the occupier of a fishing engine (being a fishing weir, fishing mill dam or fixed engine) for the capture of eels, or | ||
(ii) any person in respect of a long line (whether fixed or otherwise), | ||
an authorisation (in this section called an eel fishery authorisation) to use such fishing engine or long line for the capture of eels.”, | ||
(ii) in subsection (5)(b), by the substitution for “The Minister” and “as he thinks fit” of “A regional board” and “as it thinks fit”, respectively, | ||
(iii) in subsection (5)(c), by the substitution for “The Minister, if he so thinks fit” of “A regional board, if it so thinks fit”, | ||
(iv) in subsection (5)(d), by the substitution for “The Minister” and “if he is satisfied” of “A regional board” and “if the board is satisfied”, respectively, | ||
(v) in subsection (6), by the substitution of the following for paragraph (a): | ||
“(a) a regional board shall not amend or revoke the authorisation unless and until it has given by post to the holder of the authorisation at least one fortnight's notice in writing stating that the board has under consideration, as the case may be, the amendment or revocation of the authorisation,”, | ||
(vi) in subsection (6)(b)(i) and (ii), by the substitution for “the Minister” of “the regional board”, | ||
(vii) in subsection (6)(c), by the substitution for “the Minister” and “to him” of “the regional board” and “to it”, respectively, | ||
(viii) by the insertion of the following after subsection (6): | ||
“(6A) A regional board shall not exercise a power under subsection (5) or (6) of this section except in relation to its own fisheries region and unless it has first consulted the Marine Institute, and in exercising the power it shall have regard to any scientific advice given to it by the Marine Institute and any policy guidelines or instructions the Minister may establish or give.”. |