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14 1959

FISHERIES (CONSOLIDATION) ACT, 1959

PART X.

Restrictions on Sale and Export for Sale of Salmon and Trout.

Definitions for purposes of Part X.

154. —In this Part—

the expression “certificate of fitness” means a certificate granted under section 158;

the word “inspector” means any person, being—

(a) a person appointed by the Minister to be an inspector for the purposes of this Part, or

(b) a member of the Garda Síochána, or

(c) any person authorised by the Minister under section 22 of the Fisheries Act, 1925 (No. 32 of 1925) or section 44 of the Fisheries Act, 1939 (No. 17 of 1939);

the expression “Part X licence” means a licence being—

(a) a salmon dealer's licence, or

(b) a salmon exporter's licence;

the expression “salmon dealer's licence” means a licence issued under subsection (1) of section 159;

the expression “salmon exporter's licence” means a licence issued under subsection (2) of section 159.

the word “trout” includes fish commonly called or known as rainbow trout.

Exemption of preserved salmon and trout.

155. —This Part shall not apply in respect of salmon or trout preserved and sold in tins, bottles, jars or similar containers holding only portions of fish or products of fish.

Restrictions on sale, etc., of salmon and trout.

156. —(1) It shall not be lawful for any person (other than the Minister or the Electricity Supply Board) to sell, expose for sale or keep for sale at any place salmon or trout unless—

(a) such person is the holder of a salmon dealer's licence for the time being in force, and

(b) such place is a place at which he is authorised by that licence to sell salmon and trout.

(2) If any person contravenes subsection (1) of this section, such person shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof 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 imprisonment.

(3) If any person buys any salmon or trout from a person whom he knows or has reason to believe is selling it in contravention of subsection (1) of this section, such first-mentioned person shall be guilty of an offence under this subsection 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.

Restrictions on export for sale of salmon and trout.

157. —(1) It shall not be lawful for any person (other than the Minister or the Electricity Supply Board) to export for sale or attempt to export for sale from any place salmon or trout unless—

(a) (i) such person is the holder of a salmon dealer's licence for the time being in force, and

(ii) such place is a place at which he is authorised by such licence to sell salmon and trout, or

(b) (i) such person is the holder of a salmon exporter's licence for the time being in force, and

(ii) such place is a place from which he is authorised by such licence to export salmon and trout.

(2) If any person contravenes subsection (1) 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 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 imprisonment.

(3) This section shall not apply to the holder of a rod licence exporting fish of his own lawful capture.

Certificate of fitness to hold a Part X licence.

158. —Where a person who carries on or proposes to carry on the business of selling salmon and trout or of exporting for sale salmon and trout in a particular Court District applies to a District Justice for the time being assigned to that Court District for a certificate under this section, such District Justice, if satisfied that such person is a fit and proper person to hold a Part X licence, shall grant him a certificate in writing to that effect.

Salmon dealers licences and salmon exporters' licences.

159. —(1) Where—

(a) a person to whom a certificate of fitness has been granted applies, within twenty-eight days after such grant, to the board of conservators for a fishery district for the issue to him of a licence authorising him to carry on the business of selling salmon and trout at any specified place or places within such fishery district, and

(b) there is sent with the application—

(i) such certificate of fitness, and

(ii) the sum of one pound, being the excise duty imposed, by section 42 of the Finance Act, 1925 (No. 28 of 1925), on a salmon dealer's licence,

then, subject to section 43 of the said Act, such board of conservators may, through its clerk, issue to such person such licence.

(2) Where—

(a) a person to whom a certificate of fitness has been granted applies, within twenty-eight days after such grant, to the board of conservators for a fishery district for the issue to him of a licence authorising him to carry on the business of exporting for sale salmon and trout from any specified place or places within such fishery district,

(b) there is sent with the application—

(i) such certificate of fitness, and

(ii) the sum of one pound, being the excise duty imposed by subsection (1) of section 12 of the Finance Act, 1940 (No. 14 of 1940) on a salmon exporter's licence,

then, subject to subsection (4) of the said section 12, such board of conservators may, through its clerk, issue to such person such licence.

(3) Every application for a Part X licence to a board of conservators shall—

(a) be made in writing to the clerk of such board,

(b) be in the prescribed form and contain the prescribed particulars.

(4) Every Part X licence shall be in the prescribed form.

(5) Every Part X licence shall, unless it is previously terminated, continue in force until the 31st day of December of the year in which it was issued and shall then expire.

Renewal of Part X licences.

160. —(1) Where—

(a) either—

(i) the holder of a Part X licence which is for the time being in force (either by virtue of the original issue or a renewal thereof) applies, within fourteen days before its expiration, to the board of conservators by whom the licence was issued for a renewal of the licence, or

(ii) the holder of a Part X licence which was in force (either by virtue of the original issue or a renewal thereof) on the 31st day of December in any year applies within one month after its expiration to the board of conservators by whom the licence was issued for a renewal of the licence, and

(b) there is sent with the application the sum of one pound (being the excise duty imposed, in case the licence is a salmon dealer's licence, by section 42 of the Finance Act, 1925 , or, in case the licence is a salmon exporter's licence, by section 12 of the Finance Act, 1940 ),

then, subject to section 43 of the Finance Act, 1925 , or to section 12 of the Finance Act, 1940 (whichever of those sections is applicable), such board of conservators may renew such licence.

(2) Every application for the renewal of a Part X licence to a board of conservators shall—

(a) be made in writing to the clerk of such board,

(b) be in the prescribed form and contain the prescribed particulars.

(3) Every renewal of a Part X licence shall be in the prescribed form.

(4) Every renewal of a Part X licence shall (unless the licence is previously terminated) continue in force until the expiration of the calendar year for which the licence was last renewed and shall then expire.

Termination of Part X licences.

161. —(1) Every Part X licence shall terminate on the death of the holder thereof and on revocation by the Minister and may be terminated by surrender by the holder thereof.

(2) (a) If the holder of a Part X licence is convicted of an offence under the repealed enactments or an offence under any provision of this Act, the Minister may, within three months after such conviction, revoke the licence.

(b) Before revoking a Part X licence under paragraph (a) of this subsection the Minister shall send by registered post to the holder thereof and to the board of conservators by whom it was issued fourteen days' notice of his intention to consider the revocation of the licence and shall consider any representations which may be made to him by such holder or board before the expiration of the notice.

(3) References in this section to a Part X licence shall be construed as including references to a renewal thereof.

Publication of Part X licences.

162. —(1) (a) Every holder of a Part X licence and any renewal thereof shall cause such licence or renewal to be displayed prominently in the place or one of the places to which such licence relates during business hours, and if 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.

(b) If the holder of a Part X licence fails to comply with paragraph (a) of this subsection, such holder shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

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

Registers to be kept by holders of Part X licences.

163. —(1) It shall be the duty of every holder of a salmon dealer's licence—

(a) to keep or cause to be kept at each place to which the licence relates a register in the prescribed form of all purchases and receipts of salmon or trout at or for sale at such place and of all sales, exportations, disposals and removals of salmon or trout made at or from such place, and

(b) within six hours after any such purchase or receipt and within three hours after any such sale, exportation, disposal or removal, to enter in such register the prescribed particulars (which shall not include the price paid by such holder for any salmon or trout purchased, received or sold by him) of such purchase, receipt, sale, exportation, disposal or removal (as the case may be) and of the person from whom such salmon or trout were purchased or received or to whom such salmon or trout were sold, exported or disposed of, or the place to which such salmon or trout were removed (as the case may require).

(2) It shall be the duty of every holder of a salmon exporter's licence—

(a) to keep or cause to be kept at each place to which the licence relates a register in the prescribed form of all exportations of salmon and trout from such place, and

(b) within three hours after every such exportation, to enter in such register the prescribed particulars (which shall not include the price paid by him for any salmon or trout exported by him) of such exportation and of the name of the person to whom the same was made.

(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 inspector, and it shall be the duty of the licence holder and of every person keeping such register to produce for the inspection of such inspector 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 inspector for the purpose of verifying any entry in or explaining any omission from such register.

(4) If any holder of a Part X licence—

(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 inspector, any register, document, or copy of a document which he is required by this section so to produce, or obstructs any inspector 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 under this section, to a fine not exceeding ten pounds or, in the case of a second or any subsequent offence under this section, to a fine 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,

(d) references to a salmon dealer's licence, a salmon exporter's licence or a Part X licence shall be construed as including references to any renewal thereof.