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14 1959

FISHERIES (CONSOLIDATION) ACT, 1959

PART XVIII.

Powers of Water Keepers, Officers and Servants of Boards of Conservators, Garda SÍOchÍNa And Other Persons for the Enforcement of this Act.

Interpretation of Part XVIII.

292. —In this Part—

the expression “authorised person” means any person being—

(a) a member of the Garda Síochána, or

(b) a private water keeper, or

(c) an inspector of a board of conservators, or

(d) a conservators' water keeper, or

(e) an officer appointed by the Minister;

the expression “conservators' water keeper” means a water keeper appointed by a board of conservators;

the expression “private water keeper” means a water keeper appointed under section 294;

the expression “water keeper” means a person being—

(a) a conservators' water keeper, or

(b) a private water keeper.

Limitations on exercise of powers conferred on members and officers of boards of conservators.

293. —(1) The powers conferred by this Part on a private water keeper shall be exercisable only for the protection of the fisheries specified in his instrument of appointment.

(2) The powers conferred by this Part on a member of a board of conservators, or an inspector or water keeper appointed by a board of conservators for a fishery district shall be exercised only for the protection of the fisheries in the fishery district of that board, and for the enforcement therein of this Act and any instrument made thereunder.

Appointment of water keepers by persons interested in fisheries.

294. —(1) Each of the following persons—

(a) any person interested in the preservation of the fish of any river or lake,

(b) any persons who have united themselves into a society for the preservation of any fishery in any river or lake,

(c) the owner of any fishery in any river or lake,

(d) the owner of any salmon fishery on the sea coast,

may, from time to time, by instrument in writing in the form set out in the Sixth Schedule to this Act, appoint any person to be a water keeper for the protection of the fisheries on such part of the sea coast or in any such lake or river or the tributaries thereof.

(2) A person appointed to be a water keeper under this section shall not act in that capacity until his appointment is confirmed (which confirmation shall be effected by endorsing the instrument of appointment) by any District Justice within whose district such water keeper is appointed to act.

(3) A District Justice may upon complaint made to him revoke the appointment of a person appointed under this section as a water keeper to act within the district of such Justice, and thereupon the appointment of such person as a water keeper shall be determined.

(4) An instrument appointing a person to be a water keeper under this section shall be subject to a stamp duty of five shillings.

(5) If any person acts as a private water keeper without having his appointment confirmed under subsection (2) of this section or after his appointment has been revoked under subsection (3) of this section, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

Water keeper's instrument of appointment sufficient warrant for exercise of powers.

295. —(1) The production by a conservators' water keeper or other officer of a board of conservators of his instrument of appointment shall be a sufficient warrant for his exercising the powers conferred on an authorised person by this Act, but the production of such instrument by him shall not be necessary in exercising those powers unless he has been first required to produce it.

(2) The production by a private water keeper of the instrument of his appointment endorsed in the manner provided by section 294 shall be sufficient warrant for his exercising the powers conferred on a private water keeper by this Act.

General powers of authorised persons.

296. —(1) Any authorised person may, for the purposes of the protection of the fisheries, do all or any of the following things:—

(a) enter into and pass through or along the banks or borders of any lakes or rivers frequented by salmon or trout or of the tributaries thereof,

(b) with boats or otherwise enter upon any such lakes or rivers,

(c) enter upon and examine all weirs, sluices, mill dams, mill races and watercourses communicating with such lakes or rivers,

(d) enter any boat engaged or about to engage in fishing,

(e) examine all standing, floating or other nets whatsoever,

(f) seize any unlawful fishing engine or any lawful fishing engine which is being unlawfully used,

(g) do all such other acts and things as he is authorised to do by or under this Act.

(2) Nothing in this section shall be construed as authorising any authorised person to enter any enclosed garden or any dwelling house or the curtilage thereof except where the ordinary road or passage to any weir, dam or dyke is through such garden or curtilage.

Power of District Justice to grant warrant to enter certain places.

297. —(1) Where upon an information on oath it appears to any District Justice or Peace Commissioner that there are reasonable grounds for believing that a breach of the provisions of this Act or any instrument made thereunder has been committed within any enclosed garden or any dwellinghouse or the curtilage thereof, he may by warrant under his hand authorise any water keeper or any officer appointed by the Minister to enter the said garden or dwellinghouse or the curtilage thereof, at such times in the day or night as may be mentioned in the warrant.

(2) A warrant under this section shall not continue in force for more than seven days from the date thereof.

Boarding and examination of fishing vessels.

298. —(1) Any officer appointed by the Minister or any inspector or water keeper appointed by a board of conservators may, subject to any directions and regulations given or made by the Revenue Commissioners, do with respect to any vessel employed in fishing, all or any of the following things:—

(a) board such vessel,

(b) examine the certificate of registry and the fishing engines of such vessel, and ascertain whether the provisions of this Act have been complied with and whether the master and other persons on board are carrying on fishing in the manner required by this Act,

(c) seize any unlawful fishing engine or any lawful fishing engine unlawfully used.

(2) If the master of any fishing vessel refuses to produce the certificate of registry of such vessel when required to do so by an officer of the Minister, a conservators' water keeper or an inspector appointed by a board of conservators, he shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

Apprehension of offenders.

299. —(1) In this section the expression “authorised person” includes any person interested in the fishery in which the relevant offence is committed.

(2) If any person (in this section referred to as the offender) is found using any unlawful fishing engine or unlawfully using any lawful fishing engine or otherwise offending against the provisions of this Act or any instrument made thereunder, the following provisions shall have effect:—

(a) any authorised person may require the offender to do the following things—

(i) desist from such offence, and

(ii) tell his name and his address,

(b) if the offender, after being so required, wilfully continues such offence or refuses to tell his name and address, the authorised person and any other persons acting under his directions may apprehend the offender,

(c) where the offender is apprehended under this section, the authorised person shall forthwith deliver him into the custody of a member of the Garda Síochána to be dealt with according to law.

Powers in relation to weirs, fixed engines, etc.

300. —Where any authorised person finds—

(a) during the annual close season for salmon and trout or the weekly close time—

(i) any passage in any fishing weir, fishing mill dam, fixed engine, net or contrivance closed or obstructed, or

(ii) any net or other contrivance whatsoever placed or used in contravention of this Act or any instrument made thereunder, or

(b) at any time, any obstruction in the free gap of a fishing weir or in a fish pass or,

(c) at any time, any obstruction in the waste gate appurtenant to any mill or factory when such waste gate is required, by section 122, to be open,

he may open such passages and remove such obstructions, doing no unnecessary damage, and seize and remove all things so found or used contrary to the provisions of this Act or any instrument made thereunder.

Powers of inspection, examination and detention.

301. —(1) In this section the expression “authorised officer” means any person being—

(a) a member of the Garda Síochána, or

(b) an officer or servant of a board of conservators authorised in writing by that board to exercise the powers conferred by this section, or

(c) an officer of the Minister, authorised in writing by the Minister to exercise the powers conferred by this section, or

(d) an officer or servant of the Electricity Supply Board authorised in writing by the Minister to exercise the powers conferred by this section.

(2) Every authorised officer is hereby authorised to do all or any of the following things:—

(a) to stop and search any person conveying or suspected to be conveying fish of any kind or any instrument or substance used or adapted for taking fish unlawfully and to inspect any fish, instrument or substance which such person is found to be conveying and for that purpose to open and search any vehicle or package in which such fish, instrument or substance is or may be or is believed to be conveyed;

(b) at all reasonable times to enter upon and have free access to the interior of—

(i) any premises in which fish is or is believed to be sold, or kept, exposed or stored for sale, or

(ii) any premises in which poison or explosive intended for the destruction of fish is or is believed to be kept, or

(iii) the premises of any person engaged in the business of carrying goods for reward, or

(iv) any aerodrome, pier, quay, wharf, jetty, dock or dock premises, or

(v) any ship, boat, aircraft, railway wagon, motor lorry, cart, or other vessel or vehicle used for the conveyance of goods;

(c) to examine all fish found in any place which he is authorised by this section to enter and for that purpose to open any package found in such place and containing or believed to contain fish;

(d) to stop, enter and search, on any river, lake or estuary, or the shores thereof or any part of the sea or the shores thereof any boat used or believed to be used for fishing or containing or suspected of containing fish unlawfully captured and to examine all fish and all fishing engines found therein and for that purpose to open any package which contains or is suspected of containing any fish or fishing engine;

(e) to take, remove and detain in his custody any fish (either together with or without any package in which the same may be contained) found in the course of the exercise of any of the powers conferred by this section in respect of which an offence under this Act is being or is suspected of being committed or which have been or are suspected of having been unlawfully captured;

(f) to take, remove and detain in his custody any fishing engine or any article liable or believed to be liable to forfeiture under this Act;

(g) to demand and take the name and address of the person having custody of any fish or other article which the authorised officer is authorised under this section to examine and also demand and take from such person the name and address of the owner of such fish or other article.

(3) Where an authorised officer detains in his custody under the authority of this section any fish or other article he shall, as soon as may be, take such steps as may be proper to have the person guilty or believed to be guilty of the offence committed or believed to have been committed in relation to such fish or other article dealt with according to law.

(4) Where—

(a) an authorised officer detains in his custody under this section any fish, and

(b) such fish is likely to become unfit for human food before the matter can conveniently be dealt with by any Court,

he shall produce such fish to a Peace Commissioner and thereupon the following provisions shall apply—

(i) if the Peace Commissioner is of opinion that such fish ought to be destroyed, he shall direct such authorised officer to destroy such fish, and such fish shall be destroyed accordingly;

(ii) if the Peace Commissioner is not of that opinion, he shall direct such authorised officer to sell such fish, and such fish shall be sold accordingly.

(5) A direction by a Peace Commissioner under subsection (4) of this section directing an authorised officer to destroy or sell fish shall—

(a) be in writing,

(b) be in such form as the Minister may direct,

(c) describe such fish and any marks, peculiarities or other particulars thereof pointed out to that Peace Commissioner by such authorised officer,

(d) be conclusive evidence in every Court of the matters of fact stated therein.

(6) No authorised officer shall be liable for any loss or damage occasioned by or in the course of the exercise of any of the powers conferred on him by this section unless such loss or damage was caused by him wantonly or maliciously.

(7) Every person who obstructs or impedes an authorised officer in the exercise of any of the powers conferred on him by this section or refuses to give his own name and address or the name and address of any other person (so far as known to him) when lawfully demanded under 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 or, at the discretion of the Court, to imprisonment for any term not exceeding two months.

Procedure consequent upon seizure of unlawful fishing engines and lawful fishing engines unlawfully used.

302. —Where any person in exercise of the powers conferred on him by this Part, seizes any fishing engine, he shall, as soon as may be, bring it before the District Justice in whose district it was seized, and thereupon the following provisions shall have effect—

(a) if the District Justice finds that the fishing engine is an unlawful fishing engine, he shall order it to be forfeited and destroyed,

(b) if the District Justice finds that the fishing engine is a lawful fishing engine but at the time of its seizure had been, was being, or was about to be, unlawfully used, he shall order it to be forfeited,

(c) if the District Justice finds that the fishing engine is a lawful fishing engine but at the time of its seizure had not been, was not being or was not about to be, unlawfully used, he shall order it to be returned to the person who appears to him to be the owner thereof.

Persons using fishing engines to produce licence therefor on demand.

303. —(1) In this section the expression “authorised person” includes a member of a board of conservators.

(2) Any person using any scheduled engine or having any scheduled engine erected or found with a scheduled engine in his possession in or near any fishing place, or going or returning from fishing shall on demand produce, to any authorised person the ordinary licence for such engine, and, in default, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine of not less than the ordinary licence duty payable in respect of an ordinary fishing licence to use such engine and not more than double such ordinary licence duty.

(3) A person who when the production of his ordinary licence is lawfully demanded of him under this section, does not produce such licence because he is not the holder of an ordinary licence, shall be deemed to fail to produce such licence within the meaning of this section.

(4) Where a person is charged with an offence under this section consisting of a failure to produce an ordinary licence for a scheduled engine in his possession, it shall be a good defence to prove that he had the scheduled engine in his possession as a manufacturer or seller thereof and not for the purpose of using it.

(5) This section shall not apply in respect of the use of scheduled engines in special tidal waters or in scheduled trout waters.

Production of special local licences.

304. —(1) In this section, the expression “authorised person” does not include a private water keeper.

(2) Any authorised person may demand of any person fishing in special tidal waters or having in his possession in or near such special tidal waters any fishing engine for the taking of salmon or trout the production of his special local licence, and if such person refuses or fails to produce such licence there and then, he shall be guilty of an offence under this section.

(3) Where any person of whom the production of his special local licence is lawfully demanded under this section produces such licence but refuses or fails to permit the authorised person making such demand to read such licence, he shall be guilty of an offence under this section.

(4) Whenever any person of whom the production of his special local licence is lawfully demanded under this section refuses or fails to produce such licence or produces such licence but fails to permit the authorised person making the demand to read such licence, such authorised person may demand of such person his name and address, and if such person refuses or fails to give his name or address or gives a name or address which is false or misleading he shall be guilty of an offence under this section.

(5) Any person guilty of an offence under this section shall be liable on summary conviction thereof to a fine not exceeding fifty pounds.

(6) A person who, when the production of his special local licence is lawfully demanded of him under this section, does not produce such licence because he is not the holder of a special local licence shall be deemed to fail to produce his special local licence within the meaning of this section.

Persons using trout rods in scheduled trout waters to produce licence on demand.

305. —(1) In this section, the expression “authorised person” includes a member of a board of conservators.

(2) Any person using a trout rod in any scheduled waters shall on demand produce to any authorised person his trout rod licence, or if he is the holder of a salmon rod licence, such salmon rod licence, and in default such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to—

(a) in case—

(i) such person is the occupier of land contiguous to the portion of such scheduled trout waters in which he is found fishing and is entitled to fishing rights in that portion, or

(ii) such person is a member of the family of the occupier of land contiguous to the portion of such scheduled trout waters in which he is found fishing and such occupier is entitled to fishing rights in that portion, or

(iii) such person is under the age of seventeen years,

a fine of not less than sixpence and not more than one shilling, or

(b) in any other case, a fine of not less than five shillings and not more than ten shillings.

(3) Where a person using a trout rod in scheduled trout waters situate in a particular fishery district is charged with an offence under this section, it shall be a good defence to prove that—

(a) he is a member of the family of the occupier of land contiguous to the portion of such scheduled trout waters in which he is found using such trout rod, and

(b) such occupier is entitled to fishing rights in that portion and is the holder of a trout rod (riparian owner) licence for the time being in force issued by the board of conservators for such fishery district and valid for such portion.

Persons using oyster fishing engines to produce licence therefor on demand.

306. —(1) In this section, the expression “authorised person” includes a member of a board of conservators.

(2) Any person using or having in his possession an oyster fishing engine in or near an oyster fishery, or going or returning from fishing shall on demand produce to any authorised person the oyster fishing licence for such engine and, in default, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine of not less than the licence duty for the time being payable in respect of such licence and not more than double such licence duty.

(3) Any person who when the production of an oyster fishing licence is lawfully demanded of him under this section does not produce such licence because there is no such licence shall be deemed to fail to produce such licence within the meaning of this section.

Inspection of fish passes.

307. —All fish passes shall be at all times open to inspection by an authorised person.

Penalty for assaulting or obstructing persons exercising powers under this Part.

308. —If any person assaults or obstructs any person exercising any power conferred on him by this Part, such first-mentioned person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.