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32 1925

FISHERIES ACT, 1925

PART III.

RESTRICTIONS ON THE SALE OF SALMON AND TROUT.

Prohibition of sale of salmon, etc., without licences.

16. —(1) From and after the commencement of this Part of this Act no person shall sell, expose for sale, or keep for sale any salmon or trout (other than salmon or trout preserved and sold in tins) without being duly licensed under this Act so to sell the same or at any place where he is not authorised by his licence to sell the same.

(2) Any person who shall, after the expiration of two months from the commencement of this Part of this Act, sell, expose for sale, or keep for sale any salmon or trout in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof in the case of a first offence to a fine not exceeding ten pounds and in the case of a second or any subsequent offence to a fine not exceeding twenty-five pounds or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.

(3) Any person who shall, after the expiration of two months from the commencement of this Part of this Act, buy any salmon or trout from any person whom he knows or has reason to believe to be selling the same in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

(4) This section shall not apply to a fisherman selling fish of his own lawful capture.

Issue of licences.

17. —(1) Every board of conservators may subject to the provisions of this Part of this Act issue through their clerk to any person applying for the same a licence for the sale of salmon and trout at such place or places within the district of the board as shall be specified by the applicant and may in like manner and subject as aforesaid from time to time renew any such licence so issued by them unless the same has been terminated under this Act.

(2) Every application for the issue or renewal of such licence as aforesaid shall be made in writing to the clerk of the board of conservators and shall be in the prescribed form and contain the prescribed particulars, and, in the case of an application for renewal, shall be made within fourteen days before or within one month after the expiration of the existing licence or renewal.

Certificate of Justice to be obtained.

18. —(1) Any person who carries on or is about to carry on the business of selling salmon or trout may apply to the Justice of the District Court in the Court District in which he carries on or intends to carry on such business for such certificate as is hereinafter mentioned, and the Justice on being satisfied that such person is a fit and proper person to receive and hold a licence under this Act for the sale of salmon and trout shall grant to such person a certificate in writing signed by the Justice that such person is a fit and proper person as aforesaid.

(2) Every person applying to the clerk of a board of conservators for a licence under this Act for the sale of salmon and trout shall produce to the clerk a certificate granted under this section in respect of himself not more than one month previously and the production of such certificate shall be a condition precedent to the issue of such licence.

Form, effect, and duration of licences.

19. —(1) Every licence issued under this Act for the sale of salmon and trout and every renewal of any such licence shall be in the prescribed form, and while the same remains in force shall operate to authorise the person named in the licence to sell and expose and keep for sale salmon and trout at the place or places (being within the district of the board of conservators by whom the licence is or was issued) specified in the licence.

(2) Every such licence shall terminate on the death of the holder and on revocation by the Minister under this Act and may be terminated by surrender by the holder thereof.

(3) Every such licence and every renewal thereof shall (unless the licence is previously terminated) continue in force until the expiration of the calendar year in which the licence was issued or last renewed (as the case may be) and shall then expire.

Revocation of licences.

20. —(1) A licence for the sale of salmon and trout issued under this Act may be revoked by the Minister at any time within three months after the conviction of the holder of the licence of an offence under the Fisheries (Ireland) Acts, 1842 to 1909, the Fisheries Act, 1924 , or this Act.

(2) Before revoking any licence under this section the Minister shall send by registered post to the holder of the licence and to the board of conservators by whom the same was issued one fortnight's notice in writing of his intention to consider the revocation of the licence, and the Minister shall consider any representations which shall be made to him by such holder or such board before the expiration of such notice.

Publication of licence.

21. —(1) Every holder of a licence or renewal of a licence issued under this Act for the sale of salmon or trout shall cause such licence or renewal to be displayed prominently in the place or one of the places to which such licence or renewal relates during business hours, and where such licence or renewal relates to more than one place shall cause a copy of such licence or renewal to be so displayed in all such places other than the place in which such licence or renewal is so displayed.

(2) Lists of persons holding such licences as aforesaid shall be published at such times and places and in such manner and form as the Minister shall from time to time direct.

Register to be kept by holder of licence.

22. —(1) It shall be the duty of every holder of a licence or of a renewal of a licence issued under this Act for the sale of salmon and trout to keep or cause to be kept in every of the premises specified in such licence a register in the prescribed form of all purchases and receipts of salmon or trout for sale on such premises and of all sales of salmon or trout made on such premises and within six hours after any such purchase or receipt and within three hours after any such sale to enter in such register the prescribed particulars of such purchase, receipt, or sale (as the case may be) and of the person from or to whom the same was purchased, received or sold.

(2) The prescribed particulars referred to in the foregoing sub-section shall not include the price paid by the holder of the licence or renewal for any salmon or trout purchased, received or sold by him.

(3) Every register kept in pursuance of this section may at any time during which the premises to which the register relates are open for the carrying on of business be inspected by any person authorised in that behalf by the Minister or by any member of the Gárda Síochána, and it shall be the duty of the licence-holder and of every person keeping such register to produce for the inspection of such person or member as aforesaid on demand such register and also all invoices, consignment notes, receipts and other documents (including copies thereof where the originals are not available) reasonably demanded by such person or member for the purpose of verifying any entry in or explaining any omission from such register.

(4) If any holder of a licence issued under this Act for the sale of salmon and trout—

(a) fails to keep or cause to be kept such register as is required by this section, or

(b) fails to make or cause to be made in such register within the time hereinbefore mentioned any entry required by this section to be made therein, or

(c) fails to produce or cause to be produced on demand for the inspection of any person entitled under this section to inspect the same, any register, document, or copy of a document which he is required by this section so to produce, or obstructs any person entitled under this section to inspect any register, document or copy of a document in the making of such inspection, or

(d) wilfully or negligently makes or causes to be made in such register any entry which is false or misleading in any material particular,

he shall be guilty of an offence under this section and shall be liable on summary conviction thereof in the case of a first offence to a penalty not exceeding ten pounds, or in the case of a second or any subsequent offence to a penalty not exceeding twenty-five pounds.

(5) For the purposes of this section—

(a) inspection of a register or document shall include taking copies thereof or extracts therefrom, and

(b) a demand for inspection of a register or other document shall be deemed to have been duly made to the licence-holder if such demand is made verbally on the premises of the licence-holder to any person in his employment, and

(c) a refusal or failure to produce a register or other document for inspection if made or committed on the premises of the licence-holder by a person in his employment shall be deemed to have been made or committed by the licence-holder.