Fisheries (Consolidation) Act, 1959

Operation of eel fishing weirs without free gap.

109.—(1) The Minister, if he thinks fit, may by order authorise the operation of a specified eel fishing weir without a free gap, subject to such conditions (if any) as the Minister thinks fit and specifies in the order.

(2) (a) The Minister may at any time by order revoke an order under subsection (1) of this section authorising the operation, subject to conditions, of an eel fishing weir without a free gap, if the occupier of such weir—

(i) is convicted of an offence under the repealed enactments or an offence under any provision of this Act, or

(ii) has failed to comply with those conditions.

(b) The following provisions shall apply in relation to the revocation under paragraph (a) of this subsection of an order made under subsection (1) of this section authorising the operation of an eel fishing weir without a free gap—

(i) the Minister shall not revoke the order unless and until he has given by post to the occupier of such weir at least one fortnight's notice in writing stating that the Minister has under his consideration the revocation of the order and stating the grounds on which the revocation is so under consideration,

(ii) the Minister shall consider any representations in relation to such revocation made to him by the occupier before the expiration of the said notice.

(3) Where an order is made under subsection (1) of this section authorising the operation of an eel fishing weir without a free gap, then, so long as the order remains in force, none of the provisions of this Act relating to free gaps in fishing weirs shall apply in respect of such weir in so far as it is used for the capture of eels only.