03/05/1934: FISHERY

BY-LAW No. 422. No. 13 or BALLYSHANNON DISTRICT.

BY-LAW No. 422. No. 13 or BALLYSHANNON DISTRICT.

I, SÉAMAS Ó RIAIN, Minister for Agriculture, by virtue and in exercise of the powers vested in me by the Fisheries Act, 1925 , the Fisheries (Re-distribution of Public Services) Order, 1934, and of every other power enabling me in this behalf, do MAKE AND ORDAIN THE FOLLOWING BY-LAW :—

(1) It is prohibited to use any net for the purpose of taking or with intent to take fish, save landing nets used solely as auxiliary to lawful fishing with rod and line, in the portion of the tidal waters of the River Erne which is situated above or to the Eastward of a straight line drawn from Gibby Point to the northernmost point of the Townland of Portnason, or in the portion of the tidal waters of the Abbey River which is situated above or to the Northward of a straight line drawn from the Town Boundary of Ballyshannon where it meets High Water Mark on Whitehill Point to the point of land 270 yards Northward of Gibby Point.

(2) In the tidal waters of the River Erne

(a) No drift net may be used for the purpose of taking or with intent to take fish ;

(b) No draft net of greater length than eighty-five yards may be used for the purpose of taking or with intent to take salmon or trout.

(c) Draft nets may not be used at a less distance from one another than one hundred yards ;

(d) Nets may not be shot simultaneously from points on both banks which are opposite to one another, so as to be in the water at the same time, but a net shot from one bank shall be beached before another net is shot from an opposite point on the other bank.

(3) This By-law shall not apply to any person catching or attempting to catch fish for the purpose of artificial propagation or for scientific purposes in accordance with the provisions of the Fisheries Acts.

(4) Each and every person offending against this By-law shall forfeit and pay for each offence a sum not exceeding five pounds; and every net used or found contrary to this By-law shall be forfeited.

(5) The Interpretation Act, 1923 (No. 46 of 1923), applies to the interpretation of this By-law in like manner as it applies to the interpretation of an Act of the Oireachtas.

(6) This By-law may be cited for all purposes as the Ballyshannon District Netting By-law No. 422 of 1934.

(7) The By-law dated the 13th February, 1871, by which the use of nets with meshes of one inch from knot to knot was permitted in the tideway of the River Erne and the River Erne By-law No. 419, 1934, are hereby revoked.

(8) This By-law shall come into force on the 3rd day of May, 1934.

GIVEN under my Seal of Office this 3rd day of May, One Thousand Nine Hundred and Thirty-four.

(Signed) SÉAMAS Ó RIAIN,

Minister for Agriculture.

The Fisheries Act, 1925 , provides that any person aggrieved by this Definition may, within one fortnight after the date of this publication, appeal against the same in accordance with Order XXVII of the Rules of the High Court and Supreme Court.