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14 1959

FISHERIES (CONSOLIDATION) ACT, 1959

Chapter II.

Licences for Fishing in Special Tidal Waters.

Penalty for fishing in special tidal waters by unlicensed person.

73. —(1) It shall not be lawful for any person to use in any special tidal waters any kind of fishing engine for the taking of salmon or trout, unless such person is the holder of a special local licence for the time being in force authorising such person to use in such tidal waters a fishing engine of that particular kind.

(2) If any person uses in contravention of this section in any special tidal waters any fishing engine for the taking of salmon or trout, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to, in case the Minister has authorised the issue of special local licences to use in such tidal waters a fishing engine for the taking of salmon or trout of the kind so used by such persons, a fine not exceeding three times the appropriate special local licence duty in respect of such special local licences and, in any other case, a fine not exceeding fifty pounds.

(3) Where a person is convicted of an offence under this section the fishing engine in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.

Special local licences and licence duty thereon.

74. —(1) The Minister may from time to time by order authorise the board of conservators within whose district special tidal waters are situate to issue licences (in this Act referred to as special local licences) to use in such tidal waters any specific kind of fishing engine (being a fishing engine of a kind in respect of which ordinary licences are issuable) for the taking of salmon or trout, and no special local licence to use in special tidal waters any kind of fishing engine for the taking of salmon or trout shall be issued unless an order has been made under this section authorising the board of conservators within whose district such tidal waters are situate to issue special local licences to use in such tidal waters such kind of fishing engine.

(2) Whenever the Minister makes an order authorising the issue of special local licences to use in special tidal waters any particular kind of fishing engine for the taking of salmon or trout, he shall by the same order, with the consent of the Minister for Finance, fix the licence duty to be paid in respect of such licences.

(3) Different licence duties may be fixed under this section in respect of special local licences to use in special tidal waters different kinds of fishing engines for the taking of salmon or trout, and different licence duties may be fixed under this section in respect of different special tidal waters.

(4) The licence duty to be fixed under this section in respect of special local licences to use a particular kind of fishing engine for taking salmon or trout shall not in any case be less than the licence duty payable under this Act in respect of ordinary licences to use a similar kind of fishing engine.

(5) Any order under this section may provide that where a special local licence to fish for salmon with rod and line is granted for any year to a person to whom an ordinary licence of a similar kind has been granted for such year, the licence duty payable in respect of such special local licence shall be reduced by such sum as may with the consent of the Minister for Finance be specified in the order.

(6) The Minister may with the consent of the Minister for Finance make an order under this subsection amending any order previously made by him under this section (including this subsection) so far as such order relates to licence duties.

Form and effect of special local licences.

75. —(1) Every special local licence in respect of special tidal waters shall—

(a) be in such form and contain such particulars as the Minister may direct;

(b) be sealed with the seal of the board of conservators of the district within which such tidal waters are situate;

(c) specify the year for which such licence is issued.

(2) A separate special local licence shall be issued for each separate fishing engine for the taking of salmon or trout.

(3) Every special local licence in respect of special tidal waters shall be expressed and operate to authorise the person to whom such licence is issued to use in such tidal waters during the year for which such licence is issued a fishing engine of the particular kind specified therein for the taking of salmon or trout, but subject to the provisions of this Act and any instrument made thereunder.

Issue of special local licences.

76. —Where a board of conservators is authorised by order of the Minister under this Act to issue special local licences to use in special tidal waters situate in the fishery district of the board any particular kind of fishing engine for the taking of salmon or trout, the board shall, subject to the provisions of this Act, upon application being made to it by any person for the issue of a special local licence to use in such tidal waters a fishing engine of such kind for the taking of salmon or trout and upon payment to it by such person of the appropriate special local licence duty, issue through their clerk to such person such special local licence.

Payment of special local licence duty by instalments.

77. —(1) Where a board of conservators is authorised by order of the Minister under this Act to issue special local licences to use, in special tidal waters situate in the fishery district of the board, any particular kind of fishing engine for the taking of salmon or trout, the Minister may, whenever and as often as he thinks fit, by order do the following things:—

(a) declare that such three periods in each year as the Minister thinks proper and specifies in such order shall be issue periods for the purposes of such order;

(b) authorise such board to issue during the first issue period in any year special local licences to use in such tidal waters a fishing engine of such kind for the taking of salmon or trout on payment of a specified proportion of the appropriate special local licence duty, subject however to the following condition (which shall be endorsed on each such licence), that the balance of such duty shall be paid in three equal instalments, and that each such instalment shall be paid not later than the date specified in such order as the date for the payment thereof;

(c) authorise such board to issue during the second issue period in any year special local licences to use in such tidal waters a fishing engine of such kind for the taking of salmon or trout on payment of a specified proportion of the appropriate special local licence duty, subject however to the following condition (which shall be endorsed on each such licence), that the balance of such duty shall be paid in two equal instalments, and that each such instalment shall be paid not later than the date specified in such order as the date for the payment thereof;

(d) authorise such board to issue during the third issue period in any year special local licences to use in such tidal waters a fishing engine of such kind for the taking of salmon or trout on payment of a specified proportion of the appropriate special local licence duty, subject however to the following condition (which shall be endorsed on each such licence), that the balance of such duty shall be paid not later than the date specified in such order as the date for the payment thereof.

(2) An order under this section may relate to different kinds of fishing engine for the taking of salmon or trout, and in that case may contain different provisions in relation to each kind of fishing engine for the taking of salmon or trout to which the order relates.

(3) The Minister may by order revoke or amend any order made under this section (including this subsection).

(4) Where a special local licence is issued by a board of conservators in exercise of the powers conferred on such board by an order under this section, the following provisions shall have effect:—

(a) if there is a breach of the condition endorsed on such licence in accordance with such order, such licence shall cease to be in force immediately upon such breach, and

(b) upon payment of any instalment, or, in the case of a special local licence issued during a third issue period under such order, the balance, of the appropriate special local licence duty in accordance with such condition, the clerk of such board shall, upon production of such licence, endorse thereon a certificate of such payment.

Forfeiture of special local licences.

78. —(1) Where the holder of a special local licence is convicted of an offence under the repealed enactments or an offence under any provision of this Act, the Court by whom such person is convicted may, in addition to any other penalty, direct such licence to be forfeited.

(2) Where a special local licence is directed to be forfeited under this section, such licence shall thereupon cease to be in force.