Fisheries (Amendment) Act, 1962

Extension of powers of Court under sections 78 and 90 of Principal Act.

9.—(1) Where, pursuant to the powers conferred on it by section 78 or section 90 (which sections provide for the forfeiture of certain fishing licences), as amended by subsection (2) of this section, of the Principal Act, a Court directs a fishing licence or an oyster fishing licence, as the case may be, to be forfeited, the Court may, in addition, declare that the holder of the licence directed to be forfeited shall be disqualified for holding any such licence during such period not exceeding one year as the Court may specify and, where the Court declares that a person shall be disqualified for holding a licence of any particular kind, the holder shall be disqualified for holding a licence of that kind during the period specified by the Court and, notwithstanding anything contained in sections 71, 76 and 280 of the Principal Act, a licence of that kind shall not be issued to such holder in respect of the period specified by the Court.

(2) Section 90 of the Principal Act is hereby amended by—

(a) the substitution in subsection (1) of “fishing licence or licences or an oyster fishing licence or licences” for “licence or licences to fish for salmon or trout”, and

(b) the insertion after subsection (2) of the following subsection:

“(3) Where a person who is not the holder of a fishing licence or an oyster fishing licence is convicted of an offence under any provision of this Act, the Court by whom the person is convicted may, in addition to any other penalty, declare that the person shall be disqualified for holding a fishing licence or an oyster fishing licence during such period not exceeding one year as the Court may specify and, where the Court declares that a person shall be disqualified for holding a licence of any particular kind, the person shall be disqualified for holding a licence of that kind during the period specified by the Court and, notwithstanding anything contained in sections 71, 76 and 280 of this Act, a licence of that kind shall not be issued to such person in respect of the period specified by the Court.”