Fisheries (Consolidation) Act, 1959

Power of Minister to make bye-laws for the government, management, protection and improvement of fisheries.

9.—(1) In addition to the power of making bye-laws conferred on him by any other section of this Act, the Minister may, subject to the provisions of this Act, make such bye-laws as are in his opinion expedient for the more effectual government, management, protection and improvement of the fisheries of the State and, without prejudice to the generality of the foregoing, may make bye-laws in relation to all or any of the following matters—

(a) the regulation of the fisheries of the State and the preservation of good order amongst the persons engaged therein,

(b) the times and seasons at which the taking of the several species of fish shall commence and cease,

(c) the times and places or the manner at and in which any fishing engine to be employed in the said fisheries may be used,

(d) the description and form of nets to be need in the said fisheries and the size of the meshes thereof,

(e) the prohibition of the use of nets,

(f) the prohibition of the use at any time of any fishing engine which is in the opinion of the Minister injurious to the fisheries,

(g) the prohibition of any practice whatsoever tending in the opinion of the Minister to impede the lawful capture of fish or to be in any manner detrimental to the said fisheries,

(h) any other matter or thing relating in any manner to the government and protection of the said fisheries.

(2) Where no other penalty is provided by any provision of this Act for the contravention of a bye-law, the Minister may by such bye-law provide that any person who contravenes it shall be guilty of an offence against such bye-law and shall be liable on summary conviction thereof to a fine not exceeding five pounds and that all fishing engines used in the commission of the offence shall as a statutory consequence of conviction stand forfeited.

(3) No bye-law shall be made under this Act which is repugnant to any law in force in the State or which would tend to injure the effective working power of any mill or factory.