No. 24/1934:

FISHERIES (TIDAL WATERS) ACT, 1934

ARRANGEMENT OF SECTIONS

1 Definitions.

2 Tidal waters to which this Act applies.

3 Partial repeal of sections 8, 22 and 29 of the Fisheries (Ireland) Act, 1848.

4 Special local licences and licence duty thereon.

5 Form and effect of special local licences.

6 Issue of special local licences.

7 Penalty for fishing in tidal waters by unlicensed person.

8 Regulations for fishing by holders of special local licences.

9 Production of special local licences.

10 Returns by holders of special local licences.

11 Forfeiture of special local licence.

12 Voting by holders of special local licences at elections of conservators.

13 Payments to Minister by boards of conservators.

14 Grants to certain boards of conservators.

15 Application of moneys paid to boards of conservators.

16 Protection of salmon spawning in Northern Ireland.

17 Expenses.

18 Short title, and duration.

AN ACT TO MAKE PROVISION FOR THE REGULATION AND CONTROL OF THE PUBLIC RIGHT OF FISHERY IN TIDAL WATERS IN WHICH FORMERLY A SEVERAL OR EXCLUSIVE FISHERY WAS BELIEVED TO EXIST AND WAS ENJOYED AS OF RIGHT AND TO MAKE PROVISION FOR OTHER MATTERS RELATING TO OR CONNECTED WITH THE MATTERS AFORESAID.

[21st June, 1934.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

1.—In this Act—

the expression "the Minister" means the Minister for Agriculture;

the expression "ordinary licence" means a licence issued under the Fisheries (Ireland) Act, 1848;

the word "year" when used without qualification means a calendar year;

all other words and expressions used in this Act which are also used in the Fisheries Acts, 1842 to 1925, have respectively the same meanings in this Act as they have in those Acts.

2.—(1) The Minister may, with the concurrence of the Minister for Finance, from time to time by order declare that this Act applies to the tidal waters of any particular river or estuary in which, for not less than twenty years before the 1st day of January, 1933, a several or exclusive fishery was believed to exist and was enjoyed as of right, but in respect of which either—

( a ) it was, after the 1st day of January 1933 (whether before or after the passing of this Act) judicially determined in a court of competent jurisdiction that no several or exclusive fishery existed in such tidal waters, or

( b ) the person who on the 1st day of January, 1933, exercised as of right the said several or exclusive fishery in such tidal waters does not nor does any other person claim to have or enjoy as of right a several or exclusive fishery in such waters.

(2) Every order made by the Minister under this section shall specify and define the tidal waters to which it purports to apply this Act and shall be final and conclusive as to the area of application of this Act notwithstanding any discrepancy between the extent of the tidal waters as defined in such order and the extent of the tidal waters in which a several or exclusive fishery was previously enjoyed.

(3) Every order made under the foregoing provisions of this section shall, so long as such order remains unrevoked and subject to any amendment thereof under the subsequent provisions of this section, operate to apply and put in force this Act in the tidal waters specified and defined in such order.

(4) The Minister may, with the concurrence of the Minister for Finance, at any time by order revoke or amend any order previously made by him under this section, including, as respects amendment, an order made under this sub-section.

3.—Sections 8, 22 and 29 of the Fisheries (Ireland) Act, 1848, as amended by any subsequent enactments, shall cease to have effect in relation to the use in any tidal waters to which this Act applies of engines, nets, instruments or devices for the taking of salmon or trout.

4.—(1) The Minister may from time to time by order authorise the board of conservators within whose district particular tidal waters to which this Act applies are situate to issue licences (in this Act referred to as special local licences) to use in such tidal waters any specified kind of engine, net, instrument or device (being an engine net, instrument or device 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 particular tidal waters to which this Act applies any kind of engine, net, instrument or device 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 engine, net, instrument, or device.

(2) Whenever the Minister makes an order authorising the issue of special local licences to use in particular tidal waters to which this Act applies any particular kind of engine, net, instrument or device 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 particular tidal waters to which this Act applies different kinds of engines, nets, instruments or devices for the taking of salmon or trout, and different licence duties may be fixed under this section in respect of different tidal waters to which this Act applies.

(4) The licence duty to be fixed under this section in respect of special local licences to use a particular kind of engine, net, instrument or device for taking salmon or trout shall not in any case be less than the licence duty payable under the Fisheries Acts, 1842 to 1925, in respect of ordinary licences to use a similar kind of engine, net, instrument or device.

(5) Any order under this section may provide that where a special local licence to fish for salmon with a single 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 thirty shillings.

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

(7) In this Act the expression "the appropriate special local licence duty" when used in relation to a special local licence to use in particular tidal waters to which this Act applies a particular kind of engine, net, instrument or device for the taking of salmon or trout means the licence duty fixed under this section in respect of special local licences to use in such tidal waters an engine, net, instrument or device of that kind for taking salmon or trout.

5.—(1) Every special local licence in respect of particular tidal waters to which this Act applies 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 engine, net, instrument or device for the taking of salmon or trout.

(3) Every special local licence in respect of particular tidal waters to which this Act applies 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 an engine, net, instrument or device of the particular kind specified therein for the taking, of salmon or trout, but subject to the provisions of the Fisheries Acts, 1842 to 1925, any orders or bye-laws made under those Acts, this Act and any regulations made thereunder.

6.—Where a board of conservators are authorised by order of the Minister under this Act to issue special local licences to use in particular tidal waters to which this Act applies situate in their district any particular kind of engine, net, instrument or device for the taking of salmon or trout, such board shall, upon application being made to them by any person for the issue of a special local licence to use in such tidal waters an engine, net, instrument or device of such kind for the taking of salmon or trout and upon payment to them by such person of the appropriate special local licence duty, issue through their clerk to such person such special local licence.

7.—(1) It shall not be lawful for any person to use in any particular tidal waters to which this Act applies, any kind of engine, net, instrument or device 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 an engine, net, instrument or device of that particular kind.

(2) If any person uses in contravention of this section in any particular tidal waters to which this Act applies any engine, net, instrument or device 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 an engine, net, instrument or device for the taking of salmon or trout of the kind so used by such person, a fine not exceeding three times the appropriate special local licence duty in respect of such special local licences or, in any other case, a fine not exceeding fifty pounds.

(3) Where a person is convicted of an offence under this section the net, engine, instrument or device used in the committing of such offence shall be forfeited and either (as the court may direct) destroyed or sold, and if sold the proceeds arising from such sale shall be disposed of in the like manner as fines imposed in respect of offences under this Act.

8.—(1) The Minister may by order make regulations in relation to all or any of the following matters, that is to say—

( a ) the times and the places at which holders of special local licences may fish under such licences respectively;

( b ) the keeping of order among holders of special local licences at or on the particular tidal waters to which such licences relate.

(2) Every Person who does any act (whether of omission or commission) which is a contravention of a regulation made 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 fifty pounds.

(3) Every regulation made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling such regulation is passed by either such House within the next subsequent twenty-one days on which such House has sat after such regulation is so laid before it, such regulation shall be annulled accordingly but without prejudice to the validity of anything previously done under such regulation.

9.—(1) Any officer of the Minister, any officer of the board of conservators within whose district any particular tidal waters to which this Act applies are situate or any member of the Gárda Síochána may demand of any person fishing in such tidal waters or having in his possession in or near such tidal waters any engine, net, instrument, or device 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.

(2) 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 officer or member of the Gárda Síochána, making such demand to read such licence, he shall be guilty of an offence under this section.

(3) 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 officer or member of the Gárda Síochána making the demand to read such licence, such officer or member 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.

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

(5) 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.

10.—(1) The Minister may by order make regulations in relation to all or any of the following matters, that is to say:—

( a ) the returns to be made by holders of special local licences;

( b ) the persons to whom such returns are to be made;

( c ) the times at which such returns are to be made;

( d ) the forms in which such returns are to be made.

(2) Every person, required by regulations made under this section to make any return, who fails or refuses to make such return in accordance in all respects with such regulations or who makes in any such return any statement which is false or misleading in any material respect shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.

11.—(1) Where the holder of a special local licence is convicted of an offence under the Fisheries Acts, 1842 to 1925, or any order or bye-laws made under those Acts, or any offence under 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.

12.—(1) For the purposes of section 7 of the Fisheries (Ireland) Act, 1848, as amended by section 13 of the Fisheries (Ireland) Act, 1850, every person to whom a special local licence in respect of particular tidal waters to which this Act applies which are situate in a particular electoral division has been granted in respect of any year shall be deemed to have been licensed under the said Fisheries (Ireland) Act, 1848, within such electoral division in such year.

(2) Section 9 of the Fisheries (Ireland) Act, 1848, as amended by section 8 of the Fisheries Act, 1925 (No. 32 of 1925), shall apply in respect of every holder of a special local licence for a particular year in respect of particular tidal waters to which this Act applies which are situate in a particular electoral division, in like manner as it applies to every person who shall have paid licence duty under the said Fisheries (Ireland) Act, 1848, within and for such electoral division within such year, subject however to the following modification, that is to say, such holder shall be deemed to have paid in respect of every such special local licence held by him for such year in respect of such tidal waters licence duty of an amount equal to the amount of the licence duty which would have been paid by him under the Fisheries Acts, 1842 to 1925, if such special local licence were an ordinary licence authorising the use of the same kind of engine, net, instrument or device as that to which such special local licence relates.

13.—(1) Where a board of conservators issue in any month any special local licences, such board shall, not later than thirty days after the expiration of such month, pay to the Minister in respect of every special local licence issued by them in such month a sum equal to the difference between—

( a ) the licence duty which would under the Fisheries Acts, 1842 to 1925, have been paid in respect of such licence if such special local licence had been an ordinary licence authorising the use of the same kind of engine, net, instrument, or device as that to which such special local licence relates, and

( b ) the special local licence duty paid under this Act in respect if such special local licence.

(2) All moneys received by the Minister under this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.

14.—(1) In every fishery year, the Minister shall out of moneys provided by the Oireachtas, pay to every board of conservators within whose district there are during that year or part thereof any tidal waters to which this Act applies an amount equal to such percentage of the sum which was on the 1st day of January, 1933, the total poor law valuation of the fisheries in such tidal waters as is fixed for the purpose of the rate leviable for such year on the other fisheries in such district under section 13 of the Fisheries Act, 1925 (No. 82 of 1925).

(2) If the Minister is satisfied that in any fishery year the receipts (including the moneys payable in such year under the immediately preceding sub-section) of any board of conservators, within whose district there are during that year or part thereof any tidal waters to which this Act applies, will be insufficient to defray the expenditure to be incurred by such board in such year, he may, with the consent of the Minister for Finance, pay to such board out of moneys provided by the Oireachtas a grant not exceeding the estimated deficit.

(3) For the purposes of this section each of the following periods shall be a fishery year, that is to say:—

( a ) the period of twelve months ending on the 30th day of September, 1934, and

( b ) the period of twelve months ending on the 30th day of September, 1935.

15.—Any moneys paid to a board of conservators under this Act shall be applied by them for the purposes of the Acts relating to salmon fisheries for the time being in force and this Act.

16.—Where part of a river consists of particular tidal waters to which this Act applies and another part (being a part in which salmon spawn) of such river is situate in Northern Ireland, the board of conservators within whose district such tidal waters are situate may, with the approval of the Minister, enter into such arrangements or agreements as they consider expedient for ensuring the protection of salmon and trout and their eggs and fry in the part of such river which is situate in Northern Ireland and for the purpose of such arrangements or agreements make payments out of their funds.

17.—All expenses incurred by the Minister in carrying this Act into execution shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

18.—(1) This Act may be cited as the Fisheries (Tidal Waters) Act, 1934 .

(2) This Act shall continue in force until the 31st day of December, 1935, and shall then expire.