S.I. No. 298/1972:

CONTROL OF FISHING FOR SALMON ORDER, 1972.

CONTROL OF FISHING FOR SALMON ORDER, 1972.

I, JOHN FAHEY, Parliamentary Secretary to the Minister for Agriculture and Fisheries, in exercise of the powers conferred on me by section 29 of the Fisheries (Amendment) Act, 1962 (No. 31 of 1962), and the Fisheries (Transfer of Departmental Administration and Ministerial Functions) Order, 1965 ( S.I. No. 83 of 1965 ) (as adapted by the Agriculture (Alteration of Name of Department and Title of Minister) Order, 1965 ( S.I. No. 146 of 1965 )), and the Fisheries (Delegation of Ministerial Functions) Order, 1970 ( S.I. No. 123 of 1970 ), hereby order as follows:

1. This Order may be cited as the Control of Fishing for Salmon Order, 1972.

2. This Order shall come into operation on the 7th day of December, 1972.

3. (1) In this Order--

"board" means a board of conservators established by the Principal Act for a fishery district;

"datum years" means--

(a) in the case of a fishing licence for a fishing engine listed in column (2) of the First Schedule to this Order opposite the mention in column (1) of the said Schedule of the No. 9¹ or Galway District, the No. 9² or Connemara District or the No. 10¹ or Ballinakill District, any two of the years from the year 1969 to the year 1972, and

(b) in any other case, any three of the years from the year 1968 to the year 1972;

"fishery district" has the meaning assigned to it by the Principal Act and a reference in this Order to a number and name specified in columns (2) and (3) of the Second Schedule to that Act is a reference to the fishery district known by that number and name except that--

(a) a reference in this Order to the No. 14¹ or Letterkenny District does not include a reference to any of the area to which the Control of Fishing for Salmon (Lough Swilly) Order, 1972 ( S.I. No. 82 of 1972 ), applies,

(b) a reference in this Order to the No. 8 or Limerick District does not include a reference to any of the area to which section 23 of the Shannon Fisheries Act, 1935 (No. 4 of 1935), applies or to the fishing weir to which the Fishing Weir Operation (No. 2) Order, 1957 ( S.I. No. 1 of 1957 ), applies, and

(c) a reference in this Order to the No. 13 or Ballyshannon District does not include a reference to any of the area to which the Ballyshannon District Netting Bye-Law No. 501, 1959, applies or to the fishing weir to which the Fishing Weir Operation (No. 4) Order, 1960 ( S.I. No. 164 of 1960 ), applies;

"licensing region" means a region specified in column (3) of the Second Schedule to this Order of the fishery district specified in column (1) of that Schedule opposite the mention of the region;

"the Principal Act" means the Fisheries (Consolidation) Act, 1959 (No. 14 of 1959).

(2) This Order applies to all the tidal waters of the fishery districts mentioned in column (1) of the First and Second Schedules to this Order.

4. (a) (i) The maximum number of fishing licences for any kind of fishing engine for the taking of salmon mentioned in column (2) of the First Schedule to this Order which a board for a fishery district mentioned in column (1) of the said First Schedule opposite the mention of that kind of fishing engine may issue in any year for the district shall not exceed the number specified in column (3) of the said Schedule opposite the mention of that kind of fishing engine.

(ii) A board shall not issue any fishing licence for its fishery district, except in respect of rod and line, for any kind of fishing engine for the taking of salmon which is not mentioned in column (2) of the said First Schedule opposite the mention of the board's fishery district in column (1) of the said Schedule.

(b) (i) The maximum number of fishing licences for any kind of fishing engine for the taking of salmon mentioned in column (2) of the Second Schedule to this Order which the board of the fishery district mentioned in column (1) of the said Schedule opposite the mention of the said engine may issue in any year for the licensing region mentioned in column (3) of the said Schedule opposite the mention of the said engine shall not exceed the number mentioned in column (4) of the said Schedule opposite the mention of the said region.

(ii) A board shall not issue for any licensing region any fishing licence, except in respect of rod and line, for any kind of fishing engine for the taking of salmon which is not mentioned in column (2) of the said Second Schedule opposite the mention of that licensing region in column (3) of that Schedule.

(c) A board shall not issue a fishing licence, except in respect of rod and line, for any kind of fishing engine for the taking of salmon to a person unless the person derived a substantial part of his livelihood from fishing for salmon under and in accordance with a fishing licence for that kind of fishing engine issued by that board in the datum years.

(d) A board, when issuing fishing licences, except in respect of rod and line, for any kind of fishing engine for the taking of salmon mentioned in column (2) of the First or Second Schedule to this Order opposite the mention of the board's fishery district in column (1) of the said First or Second Schedule, shall firstly give priority to persons who held licences issued by that board for that kind of fishing engine for the taking of salmon in the datum years and are ordinarily resident in the board's fishery district and shall secondly give priority to persons who held such licences in those years and are not ordinarily resident in the board's fishery district, and shall then give priority to persons who were regular members of salmon fishing crews in those years.

(e) Where a person to whom a fishing licence for any kind of fishing engine for the taking of salmon would have been issued by a board in accordance with this Article dies or becomes permanently incapacitated, the board may issue such a licence to a relative or member of the household of the person ordinarily resident in the board's fishery district.

(f) A person shall not hold at the same time more than one fishing licence to which this Order applies for a particular kind of fishing engine or a fishing licence to which this Order applies for a particular kind of fishing engine and a fishing licence for that kind of fishing engine for the taking of salmon in the Foyle Area (within the meaning of the Foyle Fisheries Act, 1952 (No. 5 of 1952)).

5. (a) Where the number of applications to a board for fishing licences of any kind from persons to whom priority is required to be given firstly under Article 4 (d) of this Order exceeds the appropriate maximum number mentioned in respect of a fishery district in column (3) of the First Schedule to this Order or in respect of a licensing region in column (4) of the Second Schedule to this Order, as the case may be, the board shall determine, having regard to the number of years from the year 1969 to the year 1972 (in case the board is the board for the No. 9¹ or Galway District, the No. 9² or Connemara District or the No. 10¹ or Ballinakill District) and from the year 1968 to the year 1972 (in any other case) in which a fishing licence of that kind issued by that board was held by any of the applicants, the proportion and amount of his livelihood in each of those years that each such applicant derived from salmon fishing under and in accordance with the licence, and, where appropriate, the proximity of the place where he is ordinarily resident to the licensing region, which of such applicants shall be given priority firstly in the issue of the licences, and

(i) if the board determines that a number of persons equal to or less than the said appropriate maximum number of licences shall be given priority firstly, the board shall thereupon issue fishing licences of that kind to those persons, and

(ii) if the board determines that the number of persons to whom priority should be given firstly is greater than the said appropriate maximum number, the clerk of the board shall, in the presence of two witnesses, select by lot or otherwise a number of those persons equal to the said appropriate maximum number, and the board shall issue fishing licences of that kind to the persons so selected.

(b) Where the number of applications to a board for fishing licences of any kind from persons to whom priority is required to be given firstly under Article 4(d) of this Order is less than the appropriate maximum number mentioned in respect of a fishery district in column (3) of the First Schedule to this Order or in respect of a licensing region in column (4) of the Second Schedule to this Order, as the case may be, the board shall determine, having regard to the number of years from the year 1969 to the year 1972 (in case the board is the board for the No. 9¹ or Galway District, the No. 9² or Connemara District or the No. 10¹ or Ballinakill District) and from the year 1968 to the year 1972 (in any other case) in which a fishing licence of that kind issued by that board was held by any of the applicants, the proportion and amount of his livelihood in each of those years that each such applicant derived from salmon fishing under and in accordance with the licence, and the proximity of the place where he is ordinarily resident to the fishery district or licensing region, as the case may be, which of such applicants shall be given priority secondly in the issue of the remaining licences, and

(i) if the board determines that a number of persons equal to or less than the number of fishing licences remaining to be issued shall be given priority secondly, the board shall thereupon issue fishing licences of that kind to those persons, and

(ii) if the board determines that the number of persons to whom priority should be given secondly is greater than the number of fishing licences remaining to be issued, the clerk of the board shall, in the presence of two witnesses, select by lot or otherwise a number of those persons equal to the said remaining number of fishing licences, and the board shall issue fishing licences of that kind to the persons so selected.

(c) Where the number of applications to a board for fishing licences of any kind from persons to whom priority is required to be given firstly and secondly under Article 4 (d) of this Order is less than the appropriate maximum number mentioned in column (3) of the said First Schedule or column (4) of the said Second Schedule, as the case may be, the board shall determine, having regard to the number of years, from the year 1969 to the year 1972 (in case the board is the board for the No. 9¹ or Galway District, the No. 9² or Connemara District or the No. 10¹ or Ballinakill District) and from the year 1968 to the year 1972 (in any other case) in which the applicants were members of salmon fishing crews which of such applicants shall be given priority in the issue of the remaining licences, and

(i) if the board determines that a number of persons equal to or less than the number of fishing licences remaining to be issued shall be given priortity, the board shall thereupon issue fishing licences of that kind to those persons, and

(ii) if the board determines that the number of persons to whom priority should be given is greater than the number of fishing licences remaining to be issued, the clerk of the board shall, in the presence of two witnesses, select by lot or otherwise a number of those persons equal to the said remaining number of fishing licences, and the board shall issue fishing licences of that kind to the persons so selected.

(d) Where the total number of applications to a board for fishing licences of any kind from persons to whom priority is required to be given under Article 4 (d) of this Order is less than the appropriate maximum number of such licences mentioned in column (3) of the said First Schedule or column (4) of the said Second Schedule, as the case may be, the board may determine, either by lot or otherwise, the other persons to whom fishing licences may be issued.

6. An application to a board for a fishing licence to which this Order applies shall be made in the form specified in the Third Schedule to this Order not later than--

(a) the 20th day of December in the cases of the No. 7 or Kerry District and the No. 12 or Sligo District, or

(b) the 30th day of December in the cases of the other fishery districts specified in the First or Second Schedule to this Order,

immediately preceding the commencement of the salmon fishing season to which the application relates.

7. (1) Fishing for salmon in a several fishery in a fishery district specified in column (1) of the First or Second Schedule to this Order otherwise than in accordance with and to an extent not greater than that provided for in a scheme controlling such fishing made, with the approval of the Parliamentary Secretary to the Minister for Agriculture and Fisheries, by the board for that district is hereby prohibited.

(2) Articles 4, 5 and 6 of this Order shall not apply in relation to fishing licences in respect of several fisheries.

FIRST SCHEDULE.

SECOND SCHEDULE.

THIRD SCHEDULE.

CONTROL OF FISHING FOR SALMON ORDER, 1972.

APPLICATION FOR A SALMON FISHING LICENCE (OTHER THAN ROD AND LINE).

(Important : Please read notes overleaf before completing this form).

PART I.

To : Clerk,

Board of Conservators,

HEREBY DECLARE THAT

(A) I held salmon fishing licences from the above named Board of Conservators and derived an income as follows during the years 1968 to 1972:--

OR

(B) I did not hold a salmon fishing licence in any of the years as indicated at (A) above but I was a member of a salmon fishing crew as follows during the years 1968 to 1972 (attend also to note (vi) overleaf) :--

(C) I HAVE/HAVE NOT held a salmon, fishing licence issued by another Board of Conservators or by the Foyle Fisheries Commission during the years 1968 to 1972. (If so, give particulars as indicated in note (vii) overleaf).

(D) I HEREBY APPLY for a salmon fishing licence to operate a..................................... (state type of net, etc.) during the ...........................................fishing season for the licensing region...........................

(see notes (iii) and (iv) overleaf).

Signature of applicant............................................................ ....................

Principal occupation............................................................  Date ............

PART II.

THE CERTIFICATE FOLLOWING MUST BE COMPLETED IN EVERY APPLICATION.

I ............................................................ ............................................................ .....................................certify that

Mr............................................................ ....................who is known to me, is ordinarily resident at the address stated in Part I, and signed this form in my presence.

Signature ............................................................ ....

Qualification ..........................................................

Address ............................................................ .......

Official Stamp

............................................................ .......

Note : The signature of the applicant for a fishing licence must be witnessed by either a Peace Commissioner, a Clergyman or a member of An Garda Síochána of the rank of Sergeant of above,

IMPORTANT.

THE LATEST DATES FOR RECEIVING COMPLETED FORMS OF APPLICATION, WHICH SHOULD BE ADDRESSED TO

NOTES FOR APPLICANT'S ATTENTION.

(i) Both Parts I and II of this application form must be completed before the form is returned to the Board of Conservators as indicated above.

(ii) Please state in Part I under the words "type of net, etc." whether it is a drift net, draft net, snap net, loop net, etc., or other type of fishing engine.

(iii) An applicant for a draft net licence in BANGOR, BALLYSHANNON or LETTERKENNY fishery district should state at (D) in Part I of this form whether the application relates to a special local licence for a draft net.

(iv) An applicant for a licence to fish in LISMORE, CORK or KERRY fishery district should state at (D) in Part I the licensing region to which his application relates.

(v) An applicant for a licence to fish in GALWAY, CONNEMARA or BALLINAKILL fishery district should complete this application form in respect of the four years 1969 to 1972 only.

(vi) crew member applicant who completes (B) of Part I of this form should send with this form to the Clerk of the above named Board of Conservators a signed statement from each fishing licence holder named at (B) as to the the applicant's salmon fishing crew membership, its duration, for each year involved.

(vii) An applicant who held a fishing licence during the years 1968 to 1972 which was issued by another Board of Conservators or by the Foyle Fisheries Commission should give below full particulars of each such licence, viz., name of licensing authority, year of issue, serial number of licence, type of net, etc.

GIVEN under my hand, this 5th day of December, 1972.

JOHN FAHEY,

Parliamentary Secretary to the Minister for Agriculture

and Fisheries.

EXPLANATORY NOTE.

The Order limits the number of salmon fishing licences for fishing engines other than rod and line, for use in public fisheries in tidal waters and prohibits salmon fishing in a privately owned fishery in tidal waters except in accordance with an approved scheme controlling such fishing.