Number 17/1939: FISHERIES ACT, 1939

Next (PART I. Preliminary and General.)

17 1939

[GA]

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Number 17 of 1939.

[GA]

FISHERIES ACT, 1939.

ARRANGEMENT OF SECTIONS

PART I.

Preliminary and General.

Section
1.	Short title and collective citation.
2.	Commencement.
3.	Definitions and construction.
4.	Expenses.
5.	Repeals.

PART II.

Amendment and Extension of Fisheries Acts, 1842 to 1937.

Fishing Licences and Licence Duty Thereon.

6.	Name in which fishing licences, other than rod licences, are to be issued.
7.	Salmon rod licences to be issued in an electoral division.
8.	Penalty under section 21 of the Fisheries (Ireland) Act, 1848.
9.	Restrictions on angling for trout.
10.	Reduction of licence duty on salmon rod licences issued on or after 1st July.
11.	Right of holder of salmon rod licence to fish for trout.
12.	Alteration of licence duties on certain nets and provision for payment thereof by instalments.
13.	Forfeiture of licences.

Boards of Conservators.

14.	Right of payers of fishery rate to vote at elections.
15.	Right of licence holders to vote at elections.
16.	Representation of trout anglers on boards of conservators.
17.	Inquiries in respect of boards of conservators.
18.	Power to dissolve boards of conservators.
19.	Disqualification for membership of board of conservators.
20.	Ex-officio members of boards of conservators.
21.	Officers and servants of boards of conservators.

Rates on Fisheries.

22.	Recovery of fishery rates.

Protection of Fisheries.

23.	Prohibition of use, etc., of certain devices for taking salmon or trout.
24.	Restriction on possession of illegal net, etc.
25.	Protection of rivers from pollution.
26.	Use of poison, etc., or explosives.
27.	Inclusion of portion of the month of October in the close season.
28.	Breach of weekly close time.

Provisions in Relation to Fishing Weirs and Dams.

29.	Construction of free gaps in fishing weirs.
30.	Fish passes in dams and repair of dams.
31.	Alteration of abandoned and disused dams.
32.	Amendment of the Fisheries (Ireland) Acts, 1842 and 1850.
33.	Restriction on erection of new weirs in freshwater.
34.	Restriction on use of certain weirs in freshwater.

Use of Nets in Fresh Water and Tidal Waters.

35.	Restriction on use of nets in freshwater.
36.	Possession of nets in or near fresh water.
37.	Restriction of netting in public fisheries in tidal waters.

Restriction on Sale, Exportation and Importation of Salmon and Trout.

38.	Prohibition of purchase, sale, etc., of salmon, etc., unlawfully captured.
39.	Prohibition of capture, sale, etc., of trout in January and portion of February.
40.	Amendment of section 16 of the Fisheries Act, 1925.
41.	Prohibition of export of unclean or unseasonable salmon or salmon caught at certain times.
42.	Prohibition of exportation of salmon, etc., without licence.
43.	Application of Customs Acts to salmon and trout illegally exported.
44.	Licence for export of salmon, etc., for sale.
45.	Amendment of section 22 of the Fisheries Act, 1925.
46.	Restriction on importation of live fish.

Minor Amendments of the Fisheries Acts, 1842 to 1937.

47.	Amendment of section 87 of the Fisheries (Ireland) Act, 1842.
48.	Substitution of expression “water keeper” for expression “water bailiff” in Fisheries Acts.
49.	Amendment of section 11 of the Oyster Cultivation (Ireland) Act, 1884.

Delegation of Certain Duties and Powers.

50.	Delegation of certain duties and powers under the Fisheries Acts.

PART III.

Amendment and Extension of Fisheries (Tidal Waters) Act, 1934.

51.	“The Act of 1934”.
52.	Collective citation of the Act of 1934 and Part III of this Act.
53.	Continuance of the Act of 1934.
54.	Payment of special local licence duties by instalments.
55.	Amendment of section 13 of the Act of 1934.
56.	Amendment of section 14 of the Act of 1934.

PART IV.

Evidence of Existence of Several Fisheries in Tidal Waters.

57.	Evidence of existence of several fisheries in tidal waters.

PART V.

Transfer to the Minister of Certain Fisheries and Provisions in Relation to Fisheries so Transferred.

Chapter I.

Preliminary.

58.	Definitions for purposes of Part V.

Chapter II.

Transfer to the Minister of Transferable Fisheries.

59.	Transition period in respect of transferable fisheries.
60.	Right of access to certain transferable fisheries.
61.	Survey records of transferable fisheries.
62.	Obligation of occupiers of transferable fisheries to furnish accounts to the Minister.
63.	Acquisition of portions of rivers or lakes contiguous to certain weir (fresh water) fisheries.
64.	Reservation of angling rights in transferable fisheries.
65.	Vesting orders.
66.	Registration of title of the Minister to vested fisheries.
67.	Compensation in respect of transferable fisheries.
68.	Compensation to employees on transferable fisheries.
69.	Apportionment of valuations or revaluation of transferable fisheries.
70.	Provisions in relation to orders.

Chapter III.

Transfer to the Minister of Certain State Fisheries.

71.	Transfer of fisheries to the Minister by the Commissioners of Public Works.
72.	Transfer fisheries to the Minister by the Irish Land Commission.

Chapter IV.

Acquisition of Lands, etc., by the Minister for Purposes of the Management, Operation and Protection of Vested Fisheries.

73.	Acquisition of land, etc., by the Minister.
74.	Payment and ascertainment of compensation in respect of land, etc.

Chapter V.

Management, Operation, and Disposal of Vested Fisheries. Operation of Vested Fisheries by the Minister.

75.	Operation of vested fisheries by the Minister.
76.	Powers of the Minister in operating a vested fishery.
77.	Sale of land and business.
78.	Financial provisions.
79.	Accounts, audit and report of proceedings.

Leases of Vested Fisheries.

80.	Leases of vested fisheries.
81.	Returns by lessees.
82.	Reports by the Minister in relation to leases.
83.	Fishery rates on leased fisheries.

Non-user of Vested Fisheries.

84.	Non-user of vested fisheries.
85.	Provisions in relation to unused fisheries.
86.	Re-erection or re-equipment of unused fisheries.

Chapter VI.

Supplementary Provisions.

87.	Right of access to vested fisheries.
88.	Exercise of angling rights.
89.	Liability of Minister for damage by flooding.
90.	Provisions in relation to mill-dam fisheries.
91.	Restrictions on Minister's powers.
92.	Fishing licences in vested fisheries operated by the Minister.
93.	Voting by Minister at elections of conservators.
94.	Nomination of ex-officio conservators by the Minister.
95.	Payments by Minister in lieu of fishery rate.

PART VI.

Miscellaneous Provisions.

96.	Power of Minister to take on lease fisheries for research purposes.
97.	Service of documents.

Legal Proceedings.

98.	Form of conviction.
99.	Form of dismissal.
100.	Appeals from the District Court.
101.	How offences may be tried.
102.	Proof of bye-laws, etc.

SCHEDULE.

ENACTMENTS REPEALED.

Acts Referred to
Fisheries (Tidal Waters) Act, 1934	No. 24 of 1934
Fisheries Act, 1925	No. 32 of 1925
Fisheries Act, 1937	No. 35 of 1937
Shannon Fisheries Act, 1935	No. 4 of 1935
Courts of Justice Act, 1936	No. 48 of 1936
Fisheries (Tidal Waters) (Amendment) Act, 1937	No. 34 of 1937
Foreshore Act, 1933	No. 12 of 1933
Documentary Evidence Act, 1925	No. 24 of 1925
Fisheries Act, 1924	No. 6 of 1924
Fisheries (Tidal Waters) (Amendment) Act, 1935	No. 33 of 1935

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Number 17 of 1939.

FISHERIES ACT, 1939.

AN ACT TO AMEND AND EXTEND THE FISHERIES ACTS, 1842 TO 1937, AND THE FISHERIES (TIDAL WATERS) ACT, 1934 , TO FACILITATE PROOF OF THE EXISTENCE OF SEVERAL FISHERIES IN TIDAL WATERS, TO PROVIDE FOR THE TRANSFER TO THE STATE OF CERTAIN FISHERIES, AND TO PROVIDE FOR CERTAIN OTHER MATTERS (INCLUDING THE IMPOSITION OF LICENCE DUTIES ON CERTAIN FISHING LICENCES) CONNECTED WITH THE MATTERS AFORESAID. [14th July, 1939.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—