IE
(LRC Revised)
Statutory Text (1 Articles)
Number 14 of 1959
FISHERIES (CONSOLIDATION) ACT 1959
REVISED
Updated to 16 April 2025
Changes to legislation
as of 10 July 2026, this Act is up to date with all changes known to be in force.
This Revised Act is an
administrative consolidation of the
Fisheries (Consolidation) Act 1959
. It is
prepared by the Law Reform Commission in accordance with its function under the
Law
Reform Commission Act 1975
(3/1975) to keep the law under review and to undertake
revision and consolidation of statute law.
All Acts up to and including the
Financial Services and Pensions Ombudsman (Amendment) Act 2025
(3/2025), enacted 15 April 2025, and all statutory instruments up to and including
the
Pharmaceutical Society of Ireland (Fees) (Amendment) Rules 2025
(S.I. No. 135 of 2025), made 16 April 2025, were
considered in the preparation of this Revised Act.
Disclaimer: While every care has
been taken in the preparation of this Revised Act, the Law Reform Commission can assume
no responsibility for and give no guarantees, undertakings or warranties concerning
the
accuracy, completeness or up to date nature of the information provided and does not
accept any liability whatsoever arising from any errors or omissions. Please notify
any
errors, omissions and comments by email to
revisedacts@lawreform.ie.
Number
14
of
1959
FISHERIES (CONSOLIDATION) ACT 1959
REVISED
Updated to 16 April 2025
ARRANGEMENT OF SECTIONS
Part
I
PRELIMINARY AND GENERAL
Section
1.
Short title.
2.
Commencement.
3.
Interpretation
generally.
4.
Regulations.
5.
Repeals.
6.
Expenses.
Part
II
MISCELLANEOUS POWERS AND DUTIES OF THE MINISTER
7.
Special tidal
waters.
8.
Power of Minister to hold
inquiries into fisheries.
9.
Power of Minister to make
bye-laws for the government, management, protection and improvement of
fisheries.
(
Repealed
)
10.
Definitions of mouths of
rivers, boundaries between tidal and freshwater portions of rivers,
points of mouths of rivers from which distances are to be measured,
etc.
11.
Provisions in relation to
publication and deposit of bye-laws, etc., and appeal against bye-laws,
etc.
12.
Regulations for fishing by
holders of special local licences.
13.
Returns by holders of special
local licences.
14.
Saving for acts done for
artificial propagation, scientific purposes or improvement of
fisheries.
15.
Power of Minister to grant
fish culture licences.
15A.
Environmental impact
assessment in relation to certain applications for fish culture
licences.
(
Repealed
)
16.
Power of Minister to take on
lease fisheries for research purposes.
17.
Power of Minister to restrict
importation of live fish, etc.
18.
Annual report by the
Minister.
Part
III
FISHERY DISTRICTS AND ELECTORAL DIVISIONS
19.
Fishery districts and
electoral divisions.
20.
Creation of new fishery
districts and electoral divisions.
Part
IV
BOARDS OF CONSERVATORS
21.
Construction of boards of
conservators.
(
Repealed
)
22.
Elections of conservators for
electoral divisions to be held in each election year.
(
Repealed
)
23.
Number of conservators for
electoral divisions.
(
Repealed
)
24.
Electorate for election of
conservators for an electoral division and scale of votes.
(
Repealed
)
25.
Qualification of
conservators.
(
Repealed
)
26.
Disqualification from election
as a conservator.
(
Repealed
)
27.
Triennial elections of
conservators.
(
Repealed
)
28.
On failure of election former
conservators to act.
(
Repealed
)
29.
Term of office of
conservators.
(
Repealed
)
30.
Disqualification of elected
member of board of conservators on conviction of offence.
(
Repealed
)
31.
Disqualification of
conservator by non-attendance at meetings.
(
Repealed
)
32.
Resignation of conservator for
an electoral division.
(
Repealed
)
33.
Casual vacancies amongst
elected members.
(
Repealed
)
34.
Certain rated occupiers to be
ex officio
conservators.
(
Repealed
)
35.
Disqualification for acting as
an
ex officio
conservator.
(
Repealed
)
36.
Appointment of
ex
officio
members in respect of the Shannon fisheries.
(
Repealed
)
37.
Appointment of
ex
officio
members in respect of other fisheries acquired by the
Electricity Supply Board.
(
Repealed
)
38.
Nomination of
ex
officio
members by the Minister.
(
Repealed
)
39.
Representation of trout
anglers on board of conservators.
(
Repealed
)
40.
Officers of board of
conservators.
41.
Duties of clerk of a board of
conservators.
(
Repealed
)
42.
Treasurer of the board.
(
Repealed
)
43.
Payments of licence duties,
etc. to treasurer.
(
Repealed
)
44.
Payments by treasurer.
(
Repealed
)
45.
Payments in respect of special
local licences to Minister by boards of conservators.
46.
Board of conservators to
furnish annual estimate.
(
Repealed
)
47.
Restriction on expenditure by
boards of conservators.
(
Repealed
)
48.
Accounts of boards of
conservators.
(
Repealed
)
49.
The Salmon Conservancy
Fund.
50.
Inquiries in respect of boards
of conservators.
51.
Power to dissolve boards of
conservators.
(
Repealed
)
52.
Seal of board of
conservators.
(
Repealed
)
53.
Proceedings of board of
conservators. (
Repealed
)
54.
Protection of salmon spawning
in Northern Ireland.
Part
V
RATES ON FISHERIES
55.
Rates on fisheries.
56.
Valuations by reference to
which fishery rates are to be struck, and provisions in relation to
appeals against valuations of fisheries.
57.
Amendment of fishery
rates.
58.
Liability for fishery
rate.
59.
Collection and recovery of
fishery rate.
60.
Payments by Minister in lieu
of fishery rate.
(
Repealed
)
61.
Fishery rates on leased
fisheries.
(
Repealed
)
62.
Grants to certain boards of
conservators.
63.
Suspended provisions as to
rates on fisheries.
(
Repealed
)
Part
VI
LICENCES FOR FISHING FOR SALMON, TROUT AND EELS
Chapter I
Ordinary Fishing
Licences
64.
Non-application of this
Chapter to special tidal waters.
65.
Penalty for using unlicensed
scheduled engine, other than rod and line.
66.
Penalty for fishing for or
taking salmon with rod and line by unlicensed person.
67.
Provisions in relation to
ordinary fishing licences.
68.
Duties on ordinary fishing
licences.
69.
Licence duties on engines not
specified in Fourth Schedule, and restrictions on user of such
engines.
70.
Agents for issue of ordinary
fishing licences.
71.
Right to issue of ordinary
fishing licences.
(
Repealed
)
72.
Payment by instalments of
ordinary licence duties on draft nets and drift nets.
Chapter II
Licences for Fishing in
Special Tidal Waters
73.
Penalty for fishing in special
tidal waters by unlicensed person.
74.
Special local licences and
licence duty thereon.
75.
Form and effect of special
local licences.
76.
Issue of special local
licences.
(
Repealed
)
77.
Payment of special local
licence duty by instalments.
78.
Forfeiture of special local
licences.
Chapter III
Licences for Fishing for
Trout with Rod and Line in Certain Waters
79.
Scheduled trout waters.
(
Repealed
)
80.
Penalty for fishing in
scheduled trout waters for trout with rod and line by unlicensed
person.
(
Repealed
)
81.
Kinds of trout rod licences
and licence duties thereon.
(
Repealed
)
82.
Area of validity of trout rod
licences.
(
Repealed
)
83.
Right to issue of trout rod
licences.
(
Repealed
)
84.
Provisions in relation to
trout rod licences.
(
Repealed
)
Chapter IV
Restrictions on Issue of
Fishing Licences
85.
Prohibition of issue of
ordinary fishing licences in respect of special tidal waters.
86.
Prohibition of issue of
licences for snap nets in the tidal portion of the River
Shannon.
87.
Prohibition of issue of
licences for snap nets in tidal portion of rivers (other than the River
Shannon) in which the Electricity Supply Board has acquired a fishery or
fishing right.
88.
Restrictions on issue of drift
net and draft net licences in tidal portions of rivers in which the
Electricity Supply Board has a fishery or fishing rights.
89.
Restrictions on issue of
licences for nets for fishing in certain fisheries.
(
Repealed
)
Chapter V
Forfeiture of
Licences
90.
Forfeiture of licences.
(
Repealed
)
Part VII
REGULATIONS AS TO NETS
91.
Restrictions on use of
nets.
92.
Mesh of nets, made of
non-rigid material for the taking of salmon in the sea or
tideways.
93.
Meshes or openings of engines
made of rigid material for the taking of salmon in the sea and
tideways.
94.
Salmon nets not to be used at
mouths of rivers or within half a mile seaward or inwards of mouths of
rivers.
95.
Restriction on use of nets in
freshwater.
96.
Restriction on possession of
nets, etc.
Part VIII
FIXED ENGINES, FISHING WEIRS, FISHING MILL DAMS AND OTHER
OBSTRUCTIONS TO THE PASSAGE OF FISH
Chapter I
Prohibition of Fixed
Engines, Fishing Weirs and Fishing Mill Dams with Certain Exceptions
97.
Penalty for using, etc., fixed
engine for the capture of salmon not certificated under the Salmon
Fishery (Ireland) Act 1863.
98.
Effect of certificates under
section 6 of the Salmon Fishery (Ireland) Act 1863.
99.
Restriction on erection of
fishing weirs, fishing mill dams or fixed engines in fresh water portion
of rivers.
100.
Restriction on use of fishing
weirs, fishing mill dams or fixed engines in freshwater.
101.
Construction of fishing weirs
by the Electricity Supply Board.
Chapter II
Restrictions on Sites of
Fixed Engines
102.
Prohibition of placing or
using fixed engines, etc. in narrow part of estuaries.
103.
Prohibition of placing or
using fixed engines, etc. at mouths of rivers less than one half mile in
breadth.
104.
Prohibition of bag nets in
certain places.
105.
Stake nets not to extend
further than from high to low water mark.
Chapter III
Regulations as to the
Construction and User of Fixed Engines
106.
Regulations as to construction
and user of stake nets and bag nets.
Chapter IV
Regulations as to Fishing
Weirs and Fishing Mill Dams
107.
Free gaps in fishing
weirs.
108.
Operation of fishing weir by
Minister or the Electricity Supply Board without free gap.
109.
Operation of eel fishing weirs
without free gap.
110.
Construction of free gaps in
fishing weirs.
111.
Penalty for affecting flow of
water through free gap by alteration of bed of river.
112.
Penalties for fishing in or
near free gaps in fishing weirs and obstructing free gaps.
113.
Rules as to boxes in salmon
fishing weirs and fishing mill dams.
114.
Construction of guiding walls
appurtenant to fishing weirs and fishing mill dams.
Chapter V
Dams and Natural
Obstructions
115.
Construction of fish passages
in dams for sustaining water for mill power, navigation, etc. in salmon
rivers.
116.
Fish passes in dams and repair
of dams.
117.
Alteration of abandoned and
disused dams.
118.
Alteration or removal of
natural obstructions in rivers to allow free migration of
fish.
119.
Offences in relation to fish
passes made under section 62 or 63 of the Fisheries (Ireland) Act 1842,
or section 115 or 118.
120.
Penalty for using fishing
engine within hundred yards of certain dams.
121.
Penalty for using fishing
engine at or within fifty yards of a mill dam to which there is no fish
pass.
122.
Provisions in relation to
wheel sluices, etc., of mills, etc., deriving water from salmon
rivers.
123.
Gratings in watercourses
diverted from rivers to prevent entry therein of salmon or
trout.
124.
Obligations of owners of
hydraulic machines supplied from salmon rivers.
125.
Penalty for taking fish, etc.
in works or watercourses appurtenant to mills or factories.
Part
IX
RESTRICTIONS AS TO TIMES OF FISHING FOR SALMON, TROUT, POLLEN, AND
EELS, AND ANCILLARY PROVISIONS
Chapter I
Salmon and Trout
126.
Annual close season for salmon
and trout.
127.
Penalties for fishing,
otherwise than by rod and line, for salmon or trout during annual close
season for salmon and trout.
128.
Dismantlement of fixed engines
during the annual close season for salmon and trout.
129.
Dismantlement of salmon
fishing weirs and fishing mill dams during the annual close season for
salmon and trout.
130.
Removal of nets from banks of
rivers during the annual close season for salmon and trout.
131.
Penalty for obstructing or
disturbing salmon or trout during the annual close season for salmon and
trout.
132.
Penalty for use of nets during
annual close season for salmon and trout.
133.
Penalty for using boat for
capture of salmon or trout during the annual close season for salmon and
trout.
(
Repealed
)
134.
Penalties for buying, etc.,
salmon or trout during the annual close season for salmon and
trout.
135.
Prohibition of export of
salmon caught at certain times.
136.
Prohibition of capture, sale,
etc., of trout in January and part of February.
137.
Annual close season for
angling for salmon and penalties for angling for salmon
therein.
138.
Annual close season for
angling for trout and penalties for angling for trout therein.
139.
Weekly close time.
140.
Penalties for fishing,
otherwise than by rod and line, for salmon or trout during the weekly
close time.
141.
Penalty for preventing fish
from passing through boxes during weekly close time.
142.
Provisions in relation to
offences under sections 140 and 141.
143.
Provisions to be observed in
relation to certain fixed engines during the weekly close
time.
144.
Provisions to be observed in
relation to salmon fishing weirs and fishing mill dams during weekly
close time.
145.
Penalty for scaring or
obstructing free passage of salmon or trout during the weekly close
time.
146.
Penalty for use of nets during
weekly close time.
147.
Penalty for using boat for
capture of salmon or trout during the weekly close time.
(
Repealed
)
Chapter II
Pollen
148.
Annual close season for
pollen.
149.
Penalties for fishing for,
etc. pollen during the annual close season for pollen.
150.
Penalties for buying, etc.,
pollen during the annual close season for pollen.
Chapter III
Eels
151.
Annual close season for
eels.
152.
Restrictions on fishing for
eels during annual close season for eels.
153.
Penalty for placing, etc.,
fishing engines for taking eels in eyes, etc., of fishing weir or fishing
mill dam during annual close season for eels or during
daytime.
Part
X
RESTRICTIONS ON SALE AND EXPORT FOR SALE OF SALMON AND
TROUT
154.
Definition.
155.
Exemption of preserved salmon,
trout, eels and molluscan shellfish.
156.
Restrictions on sale, etc. of
salmon, trout, eels and molluscan shellfish.
157.
Restrictions on export for
sale of salmon, trout, eels or molluscan shellfish.
158.
Certificate of fitness to hold
a Part X licence.
159.
Salmon dealer's licence, eel
dealer's licence and molluscan shellfish dealer's licence.
160.
Renewal of Part X
licence.
161.
Termination of Part X
licence.
162.
Publication of Part X
licences.
163.
Registers to be kept by
holders of Part X licences.
163A.
Restriction on purchase of salmon and trout, eels or molluscan shellfish.
Part
XI
MISCELLANEOUS PROVISIONS IN RELATION TO SALMON AND FRESH WATER
FISHERIES
Chapter I
Prohibition of Certain
Methods of fishing for, and of Practices Liable to Destroy Salmon and Other
Fish
164.
Penalty for using deleterious
matter for capture, etc., of fish or having possession of deleterious
matter with intent to use it in capture etc., of fish.
165.
Penalties for using, etc.
light or fire for purpose of taking fish.
166.
Penalty for using etc. certain
instruments for purpose of taking fish.
167.
Penalty for fishing for salmon
or trout in a river by Cross lines.
168.
Penalty for taking salmon or
trout in eel weir.
169.
Penalty for damming, etc.
river or mill race for purpose of taking salmon or trout.
170.
Penalties for taking fish
unlawfully killed or found dead.
Chapter II
Protection of Fishing Waters
from Poisoning and Pollution
171.
Penalty for steeping flax or hemp in waters or throwing, etc., deleterious matter
into Waters.
172.
Protection of waters from pollution.
Chapter III
Protection of Young and
Breeding Fish
173.
Penalty for taking, etc.,
spawn, smolts or fry of salmon, trout or eels.
174.
Penalty for chasing, etc.,
spawning fish.
175.
Penalty for taking, etc.,
undersized pollen.
176.
Penalties for taking, etc.,
unseasonable salmon or trout.
177.
Prohibition of export of
unseasonable salmon.
Chapter IV
Protection of Private
Fisheries
178.
Penalty for unauthorised entry
on several fishery.
179.
Penalty for fishing with nets
in a several fishery without licence of owner.
180.
Penalty for unauthorised
fishing in private ponds.
181.
Penalty for entering without
permission lands for purposes of fishing.
Chapter V
Other Provisions
182.
Penalties for purchasing,
selling, etc., or having in our possession salmon or trout which are
unseasonable or unlawfully captured.
183.
Marking of packages containing
salmon or trout.
PART
XII
TRANSFERS TO THE MINISTER OF CERTAIN FISHERIES AND PROVISIONS IN
RELATION TO FISHERIES SO TRANSFERRED
Chapter I
Definitions and Evidence of
Existence of Several Fisheries in Tidal Waters
184.
Definitions for purposes of
Part XII.
(
Repealed
)
185.
Evidence of existence of
several fisheries in tidal waters.
(
Repealed
)
Chapter II
Transfer to the Minister of
Transferable Fisheries
186.
Transition period in respect
of transferable fisheries.
(
Repealed
)
187.
Right of access to
transferable fisheries.
(
Repealed
)
188.
Survey records of transferable
fisheries.
(
Repealed
)
189.
Obligation of occupiers of
transferable fisheries to furnish accounts to the Minister.
(
Repealed
)
190.
Acquisition of portions of
rivers or lakes contiguous to certain weir (fresh water)
fisheries.
(
Repealed
)
191.
Reservation of angling rights
in transferable fisheries.
(
Repealed
)
192.
Vesting orders.
(
Repealed
)
193.
Registration of title of the
Minister to vested fisheries.
(
Repealed
)
194.
Compensation in respect of
transferable fisheries.
(
Repealed
)
195.
Compensation to employees on
transferable fisheries.
(
Repealed
)
196.
Apportionment of valuations of
transferable fisheries.
(
Repealed
)
197.
Provisions in relation to
orders.
(
Repealed
)
Chapter III
Transfer to the Minister of
certain State Fisheries
198.
Transfer of fisheries to the
Minister by the Commissioners of Public Works.
(
Repealed
)
199.
Transfer of fisheries to the
Minister by the Irish Land Commission.
(
Repealed
)
Chapter IV
Acquisition of Land, etc. by
the Minister for Purposes of the Management, Operation and Protection of Vested
Fisheries
200.
Acquisition of land, etc. by
the Minister.
(
Repealed
)
201.
Payment and ascertainment of
compensation in respect of land, etc.
(
Repealed
)
Chapter V
Operation and Disposal of
Vested Fisheries
202.
Operation of vested fisheries
by the Minister.
(
Repealed
)
203.
Powers of the Minister in
operating a vested fishery.
(
Repealed
)
204.
Sale of land and
business.
(
Repealed
)
205.
Financial provisions.
(
Repealed
)
206.
Accounts, audit and report of
proceedings.
(
Repealed
)
207.
Leases of vested
fisheries.
(
Repealed
)
208.
Returns by lessees.
(
Repealed
)
209.
Reports by the Minister in
relation to leases.
(
Repealed
)
210.
Non-user of vested
fisheries.
(
Repealed
)
211.
Provisions in relation to
unused fisheries.
(
Repealed
)
212.
Re-erection or re-equipment of
unused fisheries.
(
Repealed
)
Chapter VI
Supplementary
Provisions
213.
Right of access to vested
fisheries.
(
Repealed
)
214.
Right of access for exercise
of angling rights.
(
Repealed
)
215.
Liability of Minister for
damage by flooding.
(
Repealed
)
216.
Provisions in relation to
mill-dam fisheries.
(
Repealed
)
217.
Restrictions on Minister's
powers.
218.
Fishing licences in vested
fisheries operated by the Minister.
(
Repealed
)
Part
XIII
SEA FISHERIES
Chapter I
Preliminary
219.
Definitions for purposes of
Part XIII.
(
Repealed
)
220.
Sea Fisheries Protection
Officers.
(
Repealed
)
Chapter II
Provisions Applicable to
Exclusive Fishery Limits of the State
221.
Restrictions on foreign sea
fishing boats entering the exclusive fishery limits of the State.
(
Repealed
)
222.
Provisions in relation to
foreign sea-fishing boats lawfully entering the exclusive fishery limits
of the State.
(
Repealed
)
222A.
Fishing while on board foreign sea-fishing boat within exclusive fishery limits of
State.
(
Repealed
)
222B.
Sea-fishing boat licences.
(
Repealed
)
222C.
Regulations requiring sea-fishing boats to comply with certain conditions.
(
Repealed
)
223.
Prohibition of certain methods
of trawling within the exclusive fishery limits of the State.
(
Repealed
)
223A.
Conservation of fish stocks and rational exploitation of fisheries.
(
Repealed
)
224.
Other offences in relation to
sea-fishing boats within the exclusive fishery limits of the
State.
(
Repealed
)
224A.
Regulations for giving effect to the Convention on the Conduct of Fishing Operations
in the North Atlantic.
(
Repealed
)
224B.
Minister may make regulations to give effect to certain matters relating to European
Communities.
(
Repealed
)
Chapter III
Provisions Applicable to
Undersized Sea-Fish
225.
Undersized sea-fish.
(
Repealed
)
226.
Restriction on carriage of
certain fishing nets on board sea fishing boats.
(
Repealed
)
227.
Restriction on carriage of
devices for obstructing meshes of net.
(
Repealed
)
228.
Prohibition on having in possession for sale on board sea-fishing boats undersized
sea-fish.
(
Repealed
)
229.
Prohibition on landing,
selling, etc., undersized sea-fish.
(
Repealed
)
230.
Provisions in relation to
orders.
(
Repealed
)
231.
Powers of inspection,
examination and detention of sea-fish, etc.
(
Repealed
)
Chapter IV
Ancillary Provisions
Relating to Chapters II and III of Part XIII
232.
Liability of master of boat
for offences under Chapter II of Part XIII.
(
Repealed
)
233.
Special powers of sea
fisheries protection officers for enforcing Chapters II and III of Part
XIII.
(
Repealed
)
233A.
Detention of boats and persons on board for 48 hours where certain offences suspected.
(
Repealed
)
234.
Detention of boat and persons
pending prosecution.
(
Repealed
)
235.
Detention of boat pending
appeal against conviction of offence under Chapter II or III of Part
XIII.
(
Repealed
)
236.
Recovery of fine for offence
under Chapter II or III of Part XIII and of possession of articles
forfeited under the said Chapter II or III.
(
Repealed
)
Chapter V
Other Provisions relating to
Sea Fisheries
237.
Penalty for use on the sea
coast or within estuary of nets covered with canvas, etc.
(
Repealed
)
238.
Provisions in relation to
herring and other nets.
(
Repealed
)
239.
Penalty for use of trawl or
trammel nets in contravention of bye-laws.
(
Repealed
)
240.
Use of beaches, etc., by
fishermen for purposes of sea fishing.
(
Repealed
)
241.
Use by fishermen of land
adjoining fishing places.
(
Repealed
)
242.
Bait beds.
(
Repealed
)
243.
Fishing boats and gear, etc.
picked up at sea to be delivered at nearest Garda Síochána
station.
(
Repealed
)
Part
XIV
OYSTERS
Chapter I
Definitions
244.
Definitions for purposes of
Part X IV.
Chapter II
Oyster Bed Licences
245.
Oyster bed
licences.
246.
Form of oyster bed
licences.
247.
Inquiry into application for
an oyster bed licence.
248.
Notice of granting of licence,
etc.
249.
Effect of oyster bed
licence.
250.
Determination of licences by
certificate of the Minister.
251.
Revocation of oyster bed
licences.
252.
Alteration of oyster bed
licences to give effect to any agreement.
253.
Penalty for injuring licensed
oyster beds.
254.
Effect of oyster bed (1845
Act) and oyster bed (1850 Act) licences.
255.
Penalty for trespass on
licensed oyster bed.
Chapter III
Oyster Fishery
Orders
256.
Power of Minister to make
oyster fishery orders.
257.
Publication of notices of
application.
258.
Objections and representations
respecting proposed oyster fishery (1959 Act) order.
259.
Inquiry into proposed oyster
fishery (1959 Act) order.
260.
Making of oyster fishery (1959
Act) order.
261.
Amendment of oyster fishery
order.
262.
Effect of oyster fishery (1959
Act) order.
263.
Powers of grantees under
oyster fishery order to make regulations for management of oyster
fishery.
264.
Appointment of keepers by
grantees under oyster fishery orders.
265.
Penalty for trespass on or
breach of regulations of oyster fishery.
266.
Determination of oyster
fishery orders.
267.
Oyster fishery order not to
abridge right of several fishery.
268.
Copies of oyster fishery
orders to be kept.
269.
Saving for rights of the
State.
270.
Adaptation of section 9 of the
Shannon Fisheries Act 1938.
Chapter IV
Close Season for
Oysters
271.
Close season for
oysters.
272.
Bye-laws prohibiting the
dredging for, etc., oysters during a particular period.
273.
Penalty for dredging, etc.,
during the close season for oysters or during period specified in
bye-laws made under section 272.
274.
Authority to dredge for
oysters during close season for oysters.
275.
Order permitting taking etc.,
foreign oysters during part of close season for oysters.
Chapter V
Protection of Oyster
Fisheries
276.
Power of persons interested in
oyster beds to appoint water keepers.
Chapter VI
Licences for Fishing for
Oysters
277.
Restrictions on taking
oysters.
278.
Provisions in relation to
oyster fishing licences.
279.
Licence duty on oyster fishing
licences.
280.
Right to issue of oyster
fishing licences.
(
Repealed
)
Part
XV
MOLLUSCS (OTHER THAN OYSTERS)
281.
Extension of sections 245 to
253 to mussel beds, periwinkle beds and cockle beds.
282.
Extension of sections 256 to
269 to mussels.
283.
Close season for molluscs
(other than oysters).
284.
Bye-laws prohibiting the
taking of molluscs (other than oysters) during a specified
period.
Part
XVI
CRABS
285.
Penalty for taking, etc.
certain edible crabs.
285A.
Use of boat or vehicle as aid to commission of offence.
Part
XVII
PENALTIES FOR MISCELLANEOUS OFFENCES
286.
Penalty for three or more
persons using violence, etc., towards persons lawfully prosecuting a
fishery.
287.
Penalty for obstructing
persons lawfully fishing.
288.
Penalty for placing fishing
engine with intent to prevent fish entering nets lawfully set.
289.
Penalty for not having names
of owners painted on fishing boats.
290.
Penalty on persons discharging
ballast in improper places.
291.
Penalty on giving warning to
persons unlawfully fishing.
Part
XVIII
POWERS OF WATER KEEPERS, OFFICERS AND SERVANTS OF BOARDS OF
CONSERVATORS, GARDA SÍOCHÁNA AND OTHER PERSONS FOR THE ENFORCEMENT OF
THIS ACT
292.
Interpretation of Part
XVIII.
293.
Limitations on exercise of
powers conferred on members and officers of boards of
conservators.
294.
Appointment of water keepers
by persons interested in fisheries.
295.
Water keeper's instrument of
appointment sufficient warrant for exercise of powers.
296.
General powers of authorised
persons.
297.
Power of District Justice to
grant warrant to enter certain places.
298.
Boarding and examination of
fishing vessels.
299.
Apprehension of
offenders.
300.
Powers in relation to weirs,
fixed engines, etc.
301.
Powers of inspection,
examination and detention.
302.
Procedure consequent upon
seizure of unlawful fishing engines and lawful fishing engines unlawfully
used.
303.
Persons using fishing engines
to produce licence therefor on demand.
304.
Production of special local
licences.
305.
Persons using trout rods in
scheduled trout waters to produce licence on demand.
(
Repealed
)
306.
Persons using oyster fishing
engines to produce licence therefor on demand.
307.
Inspection of fish
passes.
308.
Penalty for assaulting or
obstructing persons exercising powers under this Part.
Part
XIX
LEGAL PROCEEDINGS, FINES, FORFEITURES, EVIDENCE, INQUIRIES AND
SERVICE OF DOCUMENTS
Legal Proceedings
309.
Trial of offences.
310.
Appeals from the District
Court.
311.
Offences by bodies
corporate.
312.
Prosecution by Minister of
offences under this Act.
(
Repealed
)
313.
Bounds need not be set out in
indictments, etc.
Fines
314.
Disposal of fines.
315.
Payments to Inland Fisheries Ireland in respect of fines for certain offences.
Forfeiture
316.
Non-obligation of Court to
pronounce or record forfeiture where forfeiture falls as a statutory
consequence of conviction.
317.
Disposal of
forfeitures.
318.
Payments to Inland Fisheries Ireland in respects of proceeds of certain forfeitures.
319.
Disposal of proceeds of sale
of fish in pursuance of a direction under section 301 (4).
Evidence
320.
Evidence of amount of expenses
incurred by the Minister.
321.
Proof of bye-laws,
etc.
Inquiries
322.
Notice of holding of
inquiries.
323.
Powers of persons appointed by
the Minister to hold inquiries.
Service of documents
324.
Service of
documents.
Part
XX
MISCELLANEOUS PROVISIONS
325.
Provisions in relation to
Moville Area.
326.
Saving for certain
enactments.
327.
Right of owner to take
materials from streams.
328.
Agents for fishery
owners.
Part XXI
TRANSITORY PROVISIONS
329.
Continuance in office of
existing conservators for electoral division.
330.
Continuance of existing
officers and servants.
331.
Continuance of existing
authorisations.
332.
Fishery rates struck under
repealed enactments.
333.
Continuance of existing
licences and certificates.
334.
Continuance of existing
by-laws, orders and regulations.
335.
Amendment of certain bye-laws
made under repealed enactments providing for forfeiture.
FIRST SCHEDULE
Enactments Repealed
SECOND SCHEDULE
Fishery Districts, Electoral Divisions and Number of Conservators for Each Electoral
Division
THIRD SCHEDULE
Accounts of Boards of
Conservators
(
Repealed
)
FOURTH SCHEDULE
Scale of ordinary licence
duties
FIFTH SCHEDULE
Bye-laws fixing close season
for molluscs (other than oysters)
Bye-Laws Altering Annual Close Seasons for Salmon and Trout, Pollen and Eels, Close
Season for Oysters, and Molluscs (Other Than Oysters), And Bye-Laws Under Sections
272 and 284
SIXTH SCHEDULE
Form of appointment of water
keeper under section 294
Acts Referred to
Foyle Fisheries Act 1952
No. 5 of 1952
Shannon Fisheries Act 1935
No. 4 of 1935
Electricity (Supply) (Amendment) Act
1945
No. 12 of 1945
Salmon Conservancy Fund Act
1954
No. 4 of 1954
Fisheries (Amendment) Act
1958
No. 15 of 1958
Fisheries (Statute Law Revision) Act
1956
No. 28 of 1956
Fisheries Act 1925
No. 32 of 1925
Fisheries Act 1939
No. 17 of 1939
Finance Act 1925
No. 28 of 1925
Finance Act 1940
No. 14 of 1940
Civil Service Commissioners Act
1956
No. 45 of 1956
Civil Service Regulation Act
1956
No. 46 of 1956
Foreshore Act 1933
No. 12 of 1933
Fisheries (Statute Law Revision) Act
1949
No. 27 of 1949
Shannon Fisheries Act 1938
No. 7 of 1938
Courts of Justice Act 1924
No. 10 of 1924
Court Officers Act 1926
No. 27 of 1926
Documentary Evidence Act
1925
No. 24 of 1925
State Property Act 1954
No. 25 of 1954
Local Government Act 1941
No. 23 of 1941
Courts of Justice Act 1936
No. 48 of 1936
Local Government Act 1946
No. 24 of 1946
Fisheries (Amendment) Act
1949
No. 18 of 1949
Number
14
of
1959
FISHERIES (CONSOLIDATION) ACT
1959
REVISED
Updated to 16 April 2025
AN ACT TO CONSOLIDATE THE FISHERIES
ACTS 1842 TO 1958, AND CERTAIN OTHER ENACTMENTS RELATING TO FISHERIES. [8
th July
,
1959.]
BE IT ENACTED BY THE OIREACHTAS AS
FOLLOWS:—
Annotations
Modifications (not altering text)
C1
Application of Act restricted (21.09.2011) by
European Communities (Birds and Natural Habitats) Regulations 2011
(
S.I. No. 477 of 2011
), reg. 42(22) and sch. 2, in effect as per reg. 1(3).
Screening for Appropriate Assessment and Appropriate Assessment of implications for
European Sites
42. …
(22) Notwithstanding any provision of any statute listed in the Second Schedule that
provides for the consent for a plan or project to which this Regulation applies to
be obtained by default on the failure of the public authority to provide a response
within a specified timescale or otherwise, that provision shall not have effect in
respect of any plan or project to which this Regulation applies.
SECOND SCHEDULE
…
…
…
15
1950
Fisheries Acts 1959 to 2003
…
…
…
C2
Functions transferred and references to “Minister for Finance” and “Department of
Finance” construed as Minister for and Department of Public Expenditure and Reform
(20.09.2011) by
Finance (Transfer of Departmental Administration and Ministerial Functions) (No. 2)
Order 2011
(
S.I. No. 480 of 2011
), arts. 2, 3(a), 4 and sch., in effect as per art. 1(2), subject to transitional
provisions in arts. 5, 6, 7, 9.
2. (1) The administration and business in connection with the exercise, performance
or execution of any functions transferred by this Order are transferred to the Department
of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any Act or any instrument
made thereunder and relating to any administration and business transferred by paragraph
(1) shall, from the commencement of this Order, be construed as references to the
Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under—
(
a
) the provisions of the enactments specified in the Schedule, and
…
are transferred to the Minister for Public Expenditure and Reform.
4. References to the Minister for Finance contained in any Act or instrument made
under an Act and relating to any functions transferred by this Order shall, from the
commencement of this Order, be construed as references to the Minister for Public
Expenditure and Reform.
…
Article 3(a)
SCHEDULE
Enactments
Number and Year
Short Title
Provision
(1)
(2)
(3)
…
…
…
No. 14 of 1959
Fisheries (Consolidation) Act 1959
Sections 7(1) and (3), 16(1), 45(2), 49(3)(b), (4)(a), (8), (10) and (12), 50(2) and
(4), 62(2), 68(1)(b), 74(2), (5) and (6), 116(2)(b)(iii)(IV), 314(3) and (4), 317(2)
and 319(1)(a)(iii)
…
…
…
C3
Functions of the “Central Board” and “regional boards” transferred to “Inland Fisheries
Ireland”, references construed and Central Board and regional boards dissolved (1.07.2010)
by
Inland Fisheries Act 2010
(
10/2010
), ss. 7(11), 8, 48(1) and sch. 2 part 1, commenced on enactment.
Functions of IFI.
7.
— …
(11) The powers under the Principal Act to issue licences, for fishing for salmon
or eels and to issue oyster fishing licences which, immediately before the establishment
day, were exercisable by a regional board shall, on and from the establishment day,
be exercisable by IFI. Duties payable as regards licences issued under the Principal
Act shall be paid to IFI.
Transfer of functions to IFI.
8.
— (1) The administration and business in connection with the exercise, performance
or execution of any of the functions transferred by
subsection (2)
are transferred, on the establishment day, to IFI.
(2) The functions vested in the Central Board or a regional board by or under—
(
a
) the provisions of the enactments mentioned in
Schedule 2
, and
(
b
) the regulations mentioned in
Schedule 3
,
are, on the establishment day, transferred to IFI.
…
(5) The functions transferred by this Act to IFI include the functions specified in
any enactment referred to in
Schedule 2
or
Schedule 3
as a function of the following—
(
a
) the chief executive officer of the Central Board, and
(
b
) the chief executive officer of any regional board.
…
Dissolution of Central Board and regional boards.
48.
— (1) On the establishment day the Central Board and each of the regional boards are
dissolved.
…
SCHEDULE 2
Consequential Amendments of Certain Acts
Section 8
PART 1
Amendment of Fisheries (Consolidation) Act 1959
Item
Provision affected
Amendment
1.
Section 20
…
2.
Section 50
…
3.
Section 54 (amended by Part I of the Fourth Schedule)
…
4.
Section 55
…
5.
Section 57
…
6.
Section 59
…
7.
Section 62
…
8.
Section 67
…
9.
Section 69
…
10.
Section 70
…
11.
Section 72
…
12.
Section 74
…
13.
Section 75
…
14.
Section 77
…
15.
Section 100
…
16.
Section 115
…
17.
Section 118
…
18.
Section 154 (inserted by section 20 of the Act of 1994)
…
19.
Section 158 (inserted by section 20 of the Act of 1994)
…
20.
Section 159 (inserted by section 20 of the Act of 1994)
…
21.
Section 160 (inserted by section 20 of the Act of 1994)
…
22.
Section 161 (inserted by section 20 of the Act of 1994)
…
23.
Section 170
…
24.
Section 294
…
25.
Section 297
…
26.
Section 298
…
27.
Section 301
…
28.
Section 315
…
29.
Section 318
…
30.
Section 319
…
(1) References to regional boards (as provided for by section 2 of Part 1 of the Fourth
Schedule) in the provisions of the Principal Act specified in
subparagraph (2)
shall each be construed and have effect as if they were references to Inland Fisheries
Ireland.
(2) The provisions of the Principal Act referred to in
subparagraph (1)
are the definition of “fishery rate” in section 3(1), sections 40(10) (as substituted
by section 7 of the Act of 2000), 45(1), 49(5), 49(9), 55(2), 55(3), 55(4), 56, 57(2),
57(3), 59(1), 67(1), 67(8), 67(10), 70(2), 70(3), 77(4), 278, 291, 303(1) and 306(1).
…
C4
Application of Act restricted (1.07.2010) by
Inland Fisheries Act 2010
(
10/2010
), s. 57(8),
S.I. No. 262 of 2010
.
Fisheries bye-laws.
57.
— …
(8) Notwithstanding anything contained in the Principal Act, the Minister may, if
he or she thinks fit—
(
a
) make a bye-law, without previously having held an inquiry into the feasibility of
making the bye-law, under any provision of the Principal Act empowering him or her
to make a bye-law, and
(
b
) make a bye-law, without an application having been made to the Minister to have
an inquiry held into the feasibility of making the bye-law—
(i) altering the period which is in any locality the annual close season for salmon
and trout, the annual close season for angling for salmon, the annual close season
for angling for trout, the annual close season for pollen, the annual close season
for eels, or the close season for oysters, or
(ii) under section 272 of the Principal Act.
…
C5
Trial on indictment provided for, certain
penalties under Act altered and references to “summary conviction” construed
(1.07.2010) by
Inland Fisheries Act 2010
(
10/2010
), ss. 75(1),
(3), 77(1), (2)(a), (b), (c), (d), (8) and table part 1,
S.I. No. 262 of 2010
.
Note application of
Fines Act 2010
(8/2010), Part 2.
Certain offences to be tried on indictment.
75.
— (1) A person charged with an offence under section 65, 66, 69, 73, 94, 95, 96, 97,
127, 128, 129, 130, 132, 134, 135, 137, 140, 145, 146, 156, 176, 177 or 182 of the
Principal Act may be tried on indictment.
…
(3) Any reference to summary conviction in any section of the Principal Act which
is mentioned in
subsection (1)
, or in section 29 of the Act of 1962, shall be construed as including a reference
to conviction on indictment.
Alteration of certain penalties under the Principal Act, the Act of 1962 or the Act
of 1994.
77.
— (1) A person convicted by the District Court of an offence for which a penalty is
provided in any section of the Principal Act specified in column (2) of Part 1 of
the Table to this section at any reference number shall, in lieu of so much of the
penalty so provided as consists of a fine, imprisonment, a fine or imprisonment, or
a fine and imprisonment, be liable to the appropriate penalty specified in column
(3) of that Part at that reference number, and that section shall be read and have
effect accordingly.
(2) (
a
) A person convicted on indictment of an offence under section 164 of the Principal
Act (inserted by section 16 of the Act of 1962), in lieu of the penalty specified
in subsection (4)(b) of that section, is liable to a fine not exceeding €10,000 or
to imprisonment for a term not exceeding 2 years or both and that section shall be
read and have effect accordingly.
(
b
) A person convicted on indictment of an offence under section 285A(1) of the Principal
Act (inserted by section 24 of the Act of 1962), in lieu of the penalty specified
in paragraph (b) of that section, is liable to a fine not exceeding €10,000, or to
imprisonment for a term not exceeding 2 years or both, and that section shall be read
and have effect accordingly.
(
c
) A person convicted on indictment of an offence under section 65, 66, 73, 94, 95,
96, 97, 127, 130, 132, 134, 135, 137, 140, 145, 146, 156, 176, 177 or 182 of the Principal
Act, as amended by section 75 (1), is liable to a fine not exceeding €10,000, or to
imprisonment for a term not exceeding 2 years or both.
(
d
) A person convicted on indictment of an offence under section 69, 128 or 129 of the
Principal Act, as amended by section 75(1), is liable to a fine not exceeding €10,000
and in the case of a continuing offence to a further fine not exceeding €500 for each
day during which the offence is committed, or to imprisonment for a term not exceeding
2 years or both.
…
(8) This section has effect in respect of offences committed after the establishment
day.
TABLE
PART 1
Reference Number
Section of Principal Act
Penalty
(1)
(2)
(3)
1.
12, 13, 289.
A fine not exceeding €200.
2.
49, 105, 106, 152, 153, 162, 255, 265, 286, 287, 288, 290, 294, 298, 303, 304, 306,
323.
A fine not exceeding €1,000.
3.
17, 65, 66, 73, 91, 92, 93, 112, 113, 119, 120, 121, 122, 125, 130, 140, 141, 143,
144, 145, 146, 167, 168, 169, 178, 179, 180, 181, 253, 273, 274, 277, 285, 291.
A fine not exceeding €2,000.
4.
163.
A fine not exceeding €2,000 or, in the case of a second or any subsequent offence under that section, a
fine not exceeding €4,000.
5.
69, 123, 128, 129.
A fine not exceeding €2,000 and, in the case of a continuing offence, a further fine (not exceeding in all
€2,500) not exceeding €250 for each day during which the offence is continued.
6.
100(3).
A fine not exceeding €2,000, and if after conviction the contravention is continued, that person commits
a further offence on each day during which the contravention continues and is liable
on summary conviction to a fine not exceeding €1,000.
100(5)(
e
).
A fine not exceeding €2,000.
7.
111.
A fine not exceeding €2,000 and a further fine (not exceeding in all €2,500) not exceeding €50 per day until the defendant restores the bed of the river in respect of which the
offence under that section is committed to its original state.
8.
124.
A fine not exceeding €2,000 and a further fine (not exceeding in all €2,500) not exceeding €250 for each day during which the neglect referred to in that section continues.
9.
127, 134, 135, 136, 137, 138, 177.
A fine (not exceeding in all €2,500) of an amount not exceeding €2,000 together with an amount not exceeding €250 for each salmon and €50 for each other fish in respect of which the offence under that section is committed.
10.
94.
A fine (not exceeding in all €2,500) of an amount not exceeding €2,000 together with an amount not exceeding €250 for each salmon and €50 for each other fish caught by means of any net used in the commission of the offence
under that section.
11.
95, 96, 97, 99, 102, 103, 104, 107, 110, 114, 116, 131, 132, 164, 165, 166, 170,
173, 174, 285A, 301, 308.
A fine not exceeding €2,000 or imprisonment for a term not exceeding 6 months or both.
12.
183.
A fine not exceeding €2,000 or, in the case of a second or any subsequent offence under that section, a
fine not exceeding €4,000 or imprisonment for a term not exceeding 6 months or both.
13.
176.
A fine (not exceeding in all €2,500) of an amount not exceeding €2,000 together with an amount not exceeding €250 for each salmon and €50 for each other fish in respect of which the offence under that section is committed
or imprisonment for a term not exceeding 6 months or both.
14.
156(2), 157, 163A(1), 182.
A fine not exceeding €1,000 together with an amount not exceeding €100 for each salmon, €100 for each kilogram of eels or molluscan shellfish and €20 for each other fish in respect of which the offence under that section is committed
provided that the total amount of the fine shall not exceed €2,000 or imprisonment for a term not exceeding 6 months or both.
15.
156(3).
A fine not exceeding €1,000.
16.
163A(3), 163A(5).
A fine not exceeding €1,000.
C6
Application of Act restricted (30.07.2009) by
European Communities Environmental Objectives (Surface Waters) Regulations 2009
(
S.I. No. 272 of 2009
), regs. 9, 11, in effect as per reg. 1(2).
Emission controls and environmental quality standards
…
9. Requirements under Article 7 shall apply to all new authorisations to discharge
into surface waters and to reviews of existing authorisations, granted under the Dumping
at Sea Acts 1996-2004, the Foreshore Acts 1933-1992, the Fisheries Acts 1959-2003,
the Act of 1977, the Act of 1992, the Act of 1996 and Regulations made for such purpose
under the Act of 1972, or any other enactment, from the date of coming into force
of these Regulations.
…
Review of existing authorisations
11. (1) Notwithstanding any existing provisions of the Acts or Regulations referred
to in Article 9, or any Regulation made to give effect to a requirement of the said
Acts, a public authority shall as soon as may be practicable, but not later than 22
December 2012 and sooner if required or where directed by the Minister,
(
a
) examine the terms of every authorisation or revised authorisation to which Article
9 applies and for the time being in force and determine whether, having regard to
the requirements of Article 7 of these Regulations, the authorisation or revised authorisation
requires to be reviewed for the purposes of compliance with the said Article, and
(
b
) if the authorisation or revised authorisation requires to be so reviewed complete
such a review by the required date, or
(
c
) if the authorisation or revised authorisation does not require to be so reviewed
and accordingly, that no further action is required, declare in writing that this
is the case.
(2) A public authority shall from time to time carry out such further examination,
and where necessary review, of authorisations as may be necessary to ensure compliance
with the environmental objectives and quality standards established by these Regulations.
C7
Penalties under ss. 171, 172 altered
(31.12.2007) by
Water Services Act 2007
(
30/2007
), s. 111,
S.I. No. 846
of 2007
.
A fine of €5,000 translates
into a class A fine, not greater than €5,000, as provided (4.01.2011) by
Fines
Act 2010
(8/2010), ss. 3, 4(2) and table ref. no. 1, S.I. No. 662 of
2010.
Increase of penalties under sections 171 and 172 of Fisheries (Consolidation) Act
1959.
111.
— A person guilty of an offence under section 171 or 172 of the Fisheries (Consolidation)
Act 1959 is liable, in lieu of the penalties specified in section 25 of the Act of
1990—
(
a
) on summary conviction, to a fine not exceeding €5,000, or imprisonment for a term
not exceeding 3 months, or both, or
(
b
) on conviction on indictment, to a fine not exceeding €15,000,000, or imprisonment
for a term not exceeding 5 years, or both.
C8
Application of Act extended (8.10.2005) by
European Communities (Satellite-Based Vessel Monitoring Systems) Regulations 2005
(
S.I. No. 641 of 2005
), reg. 9.
9. A sea fisheries protection officer may for the purposes of enforcing the Commission
Regulation exercise any of the powers conferred on a sea fisheries protection officer
under the Act of 1959.
C9
Application of Act extended (23.07.2003) by
Sea Fisheries (Conservation and Rational Exploitation) Regulations 2003
(
S.I. No. 332 of 2003
), reg. 8(1), in effect as per reg. 1(2).
8. (1) For the purpose of enabling these Regulations to have full effect all of the
powers conferred on a sea fisheries protection officer by the Principal Act are hereby
extended to such extent as is appropriate for the enforcement of these Regulations.
C10
Application of Act extended (12.12.2001) by
Sea Fisheries (Conservation and Rational Exploitation) Order 2001
(
S.I. No. 557 of 2001
), art. 8(1), in effect as per art. 1.
8. (1) For the purpose of enabling this Order to have full effect all of the powers
conferred on a sea fisheries protection officer by the Principal Act are hereby extended
to such extent as is appropriate for the enforcement of this Order.
C11
Application of Act restricted (30.06.1998) by
Fisheries (Amendment) Act 1997
(
23/1997
), s. 77(2),
S.I. No. 203 of 1998
.
Recapture of escaped stock.
77.
— …
(2) The Minister, or an officer of the Minister designated by the Minister for the
purposes of this section, may, notwithstanding any other provision of this Act or
of the Fisheries Acts 1959 to 1995, authorise a licensee or other person or body to
take such action as is specified in the authorisation to recapture stock which has
escaped from a facility operated under a licence.
C12
Functions under ss. 117(6), 200(4), 213(1), 217(a), 220(e) transferred and references
to "Minister for Communications" and “Department of Communications” construed as Minister for and Department of Tourism, Transport and Communications
(8.02.1991) by
Communications (Transfer of Departmental Administration and Ministerial Functions)
Order 1991
(
S.I. No. 26 of 1991
), arts. 3, 4, in effect as per art. 1(2), subject to transitional provisions in arts.
4, 6, 7, 9.
3. (1) The administration and business in connection with the exercise, performance
or execution of any functions transferred by Article 4 of this Order are hereby transferred
to the Department of Tourism, Transport and Communications.
(2) References to the Department of Communications contained in any Act or any instrument
made thereunder and relating to any administration and business transferred by paragraph
(1) of this Article shall, on and after the commencement of this Order, be construed
as references to the Department of Tourism, Transport and Communications.
4. (1) There are hereby transferred to the Minister for Tourism, Transport and Communications
the functions vested in the Minister for Communications by or under the Ministers
and Secretaries (Amendment) Act 1983.
(2) References to the Minister for Communications contained in any Act or instrument
made thereunder and relating to any functions transferred by this Article shall, on
or after the commencement of this Order, be construed as references to the Minister
for Tourism, Transport and Communications.
…
Note that the name of the Minister for and Department of Tourism, Transport and Communications
was changed
• to the Minister for and Department of
Transport, Energy and Communications (22.01.1993) by
Tourism, Transport and
Communications (Alteration of Name of Department and Title of Minister) Order
1993
(
S.I. No. 17 of 1993
), arts. 2, 3, in effect as per art.
1(2);
• to the Minister for and Department of
Public Enterprise (12.07.1997) by
Transport, Energy and Communications
(Alteration of Name of Department and Title of Minister) Order 1997
(
S.I. No. 299
of 1997
), arts. 2, 3, in effect as per art. 1(2);
• to the Minister for and Department of
Transport (19.06.2002) by
Public Enterprise (Alteration of Name of Department
and Title of Minister) Order 2002
(
S.I. No. 305 of 2002
),
arts. 2, 3, 4, in effect as per art. 1(2);
• to the Minister for and Department of
Transport, Tourism and Sport (2.04.2011) by
Transport (Alteration of Name of
Department and Title of Minister) Order 2011
(
S.I. No. 141 of 2011
),
arts. 2, 3, 4, in effect as per art. 1(2);
• to the Minister for and Department of
Transport (17.09.2020) by
Transport, Tourism and Sport (Alteration of Name of
Department and Title of Minister) Order 2020
(
S.I. No. 351 of 2020
),
arts. 2, 3, 4, in effect as per art. 1(2).
C13
Functions under s. 269 transferred and references to “Minister for Communications” and "Department of Communications" construed as Minister for and Department of Marine
(31.03.1987) by
Communications (Transfer of Departmental Administration and Ministerial Functions)
Order 1987
(
S.I. No. 91 of 1987
), arts. 3, 4, and sch. part IV ref. no. 9, in effect as per art. 1(2), subject to
transitional provisions in arts. 5, 6, 7, 9.
3. (1) The administration and business in connection with the exercise, performance
or execution of any functions transferred by Article 4 of this Order are hereby transferred
to the Department of the Marine.
(2) References to the Department of Communications contained in any Act or instrument
made thereunder and relating to any administration and business transferred by paragraph
(1) of this Article shall, on and after the commencement of this Order, be construed
as references to the Department of the Marine.
4. (1) The functions vested in the Minister for Communications—
(
a
) by or under the Ministers and Secretaries (Amendment) (No. 2) Act, 1983 (No. 40
of 1983) which relate to functions under any of the statutes and orders mentioned
in Parts I and II of the Schedule to this Order, or
(
b
) by or under any of the statutes mentioned in Part III of the Schedule to this Order,
or
(
c
) by or under any of the Statutes mentioned in the third column of Part IV of the
Schedule to this Order at any reference number of any statute mentioned in the second
column of that Part of that Schedule at that reference number
are hereby transferred to the Minister for the Marine.
(2) References to the Minister for Communications contained in any Act or instrument
made thereunder and relating to any functions transferred by this Article shall, on
and after the commencement of this Order, be construed as references to the Minister
for the Marine.
…
SCHEDULE
…
PART IV
Statutes, certain functions under which are transferred from the Minister for Communications
to the Minister for the Marine
Ref. No.
Statute
Provisions of the Statutes mentioned in the second column, functions under which
are transferred to the Minister for the Marine
(1)
(2)
(3)
…
…
…
9.
Fisheries (Consolidation) Act 1959
Section 269
…
…
…
Note that the name of the Minister for and Department of Marine was changed
• to the Minister for and Department of
Marine and Natural Resources (12.07.1997) by
Marine (Alteration of Name of
Department and Title of Minister) Order 1997
(
S.I. No. 301 of 1997
),
arts. 2, 3, 4, in effect as per art. 1(2);
• to the Minister for and Department of
Communications, Marine and Natural Resources (19.06.2002) by
Marine and Natural
Resources (Alteration of Name of Department and Title of Minister) Order
2002
(
S.I. No. 307 of 2002
), arts. 2, 3, 4, in effect as per
art. 1(2);
• to the Minister for and Department of
Communications, Energy and Natural Resources (20.10.2007) by
Communications,
Marine and Natural Resources (Alteration of Name of Department and Title of
Minister) Order 2007
(
S.I. No. 706 of 2007
), arts. 2, 3, 4, in effect
as per art. 1(2);
• to the Minister for and Department of
Communications, Climate Action and Environment (23.07.2016) by
Communications,
Energy and Natural Resources (Alteration of Name of Department and Title of
Minister) Order 2016
(
S.I. No. 421 of 2016
), arts. 2, 3, 4, in effect
as per art. 1(2);
• to the Minister for and Department of
Environment, Climate and Communications (24.09.2020) by
Communications, Climate
Action and Environment (Alteration of Name of Department and Title of Minister)
Order 2020
(
S.I. No. 373 of 2020
), arts. 2, 3, 4, in effect as per
art. 1(2).
C14
Functions transferred and references to “Minister for Agriculture and Fisheries” and "Department of Agriculture and Fisheries" construed as “Minister for Lands” and "Department of Lands" (8.02.1977) by
Fisheries (Transfer of Departmental Administration and Ministerial Functions) Order
1977
(
S.I. No. 30 of 1977
), arts. 3, 4(1)(a), (6), subject to transitional provisions in arts. 6, 7, 8.
3. (1) The administration and business in connection with the exercise, performance
or execution of any functions transferred by Article 4 of this Order are hereby transferred
to the Department of Lands.
(2) References to the Department of Agriculture and Fisheries contained in any Act
or instrument made thereunder and relating to any administration and business transferred
by paragraph (1) of this Article shall, on and after the commencement of this Order,
be construed as references to the Department of Lands.
4. (1) The functions vested in the Minister for Agriculture and Fisheries by or under
the following Acts are hereby transferred to the Minister for Lands
(
a
) the Fisheries Acts 1959 to 1976,
…
(6) References to the Minister for Agriculture and Fisheries contained in any Act
or instrument made thereunder and relating to any functions transferred by this Article
shall, on and after the commencement of this Order, be construed as references to
the Minister for Lands.
Note that the name of the Minister for and Department of Lands was changed
• to the Minister for and Department of
Fisheries (9.02.1977) by
Lands (Alteration of Name of Department and Title of
Minister) Order 1977
(
S.I. No. 29 of 1977
), arts. 2, 3, 4, in effect
as per art. 1(2);
• to the Minister for and Department of
Fisheries and Forestry (15.07.1978) by
Fisheries (Alteration of Name of
Department and Title of Minister) Order 1978
(
S.I. No. 195 of 1978
),
arts. 2, 3, 4, in effect as per art. 1(2);
• to the Minister for and Department of
Tourism, Fisheries and Forestry (19.02.1986) by
Fisheries and Forestry
(Alteration of Name of Department and Title of Minister) Order 1986
(
S.I. No. 40
of 1986
), arts. 2, 3, 4, in effect as per art. 1(2);
• to the Minister for and Department of
Marine (19.03.1987) by
Tourism, Fisheries and Forestry (Alteration of Name of
Department and Title of Minister) Order 1987
(S.I. No. 82 of 1987), arts.
2, 3, 4, in effect as per art. 1(2);
• to the Minister for and Department of
Marine and Natural Resources (12.07.1997) by
Marine (Alteration of Name of
Department and Title of Minister) Order 1997
(
S.I. No. 301 of 1997
),
arts. 2, 3, 4, in effect as per art. 1(2);
• to the Minister for and Department of
Communications, Marine and Natural Resources (19.06.2002) by
Marine and Natural
Resources (Alteration of Name of Department and Title of Minister) Order
2002
(
S.I. No. 307 of 2002
), arts. 2, 3, 4, in effect as per
art. 1(2);
• to the Minister for and Department of
Communications, Energy and Natural Resources (20.10.2007) by
Communications,
Marine and Natural Resources (Alteration of Name of Department and Title of
Minister) Order 2007
(
S.I. No. 706 of 2007
), arts. 2, 3, 4, in effect
as per art. 1(2);
• to the Minister for and Department of
Communications, Climate Action and Environment (23.07.2016) by
Communications,
Energy and Natural Resources (Alteration of Name of Department and Title of
Minister) Order 2016
(
S.I. No. 421 of 2016
), arts. 2, 3, 4, in effect
as per art. 1(2);
• to the Minister for and Department of
Environment, Climate and Communications (24.09.2020) by
Communications, Climate
Action and Environment (Alteration of Name of Department and Title of Minister)
Order 2020
(
S.I. No. 373 of 2020
), arts. 2, 3, 4, in effect as per
art. 1(2).
C15
Provisions of Act applied with modifications (1.03.1962) by
Foyle Fisheries (Amendment) Act 1961
(
44/1961
), s. 10(1) and table,
S.I. No. 24 of 1962
.
Application of Fisheries (Consolidation) Act 1959 to Moville Area.
10.
— (1) The provisions of the Fisheries (Consolidation) Act 1959 indicated in the Table
to this section shall, notwithstanding section 325 of that Act, extend to the Moville
Area with the substitution, for references to boards of conservators, of references
to the Commission and, for references to a fishery district, of references to the
Moville Area and subject also to the modifications mentioned in the Table.
…
TABLE
Provisions of Fisheries (Consolidation) Act 1959, Extended to Moville Area.
Part II.
Miscellaneous Powers and Duties of the Minister.
Sections 15 and 17.
Part IV.
Boards of Conservators.
Section 49 except subsection (6).
Part V.
Rates on Fisheries.
Sections 55(4), (7), 56, 57: with the modification that references to a rate shall
be read as references to a rate under section 23 of the Principal Act.
Part VII.
Regulations as to Nets.
Section 93.
Part VIII.
Fixed Engines, Fishing Weirs, Fishing Mill Dams and other Obstructions to the Passage
of Fish.
Sections 97 to 100, 109, 115 to 125.
Part IX.
(Chapter I, Divisions II and III.)
Prohibition of Export of Salmon and Capture, Sale, etc., of Trout at Certain Times.
Sections 135 and 136.
Part X.
Restrictions on Sale and Export for Sale of Salmon and Trout.
Sections 154 to 163: with the modifications that references to the clerk to a Board
of Conservators shall be read as references to an officer of the Commission, and that
sections 156(1) and 157(1) shall be read as if “the Foyle Fisheries Commission” were
inserted after “the Minister”.
Part XI.
Miscellaneous Provisions in relation to Salmon and Freshwater Fisheries.
Sections 168, 171, 172 177 to 181, 183.
Part XII.
Transfer to the Minister of Certain Fisheries.
Sections 192, except subsection (1), 193, 194, except subsection (2), 197, 210 to
215, 217: with the modification that “transferable fishery” shall not include a fishery
vested in the Minister and the Ministry or in the Commission.
Part XVIII.
Powers of Water Keepers, Officers and Servants of Boards of Conservators, Garda Síochána
and other Persons.
Sections 295 to 297, 301: with the modifications that references to “conservators'
water keepers” and “private water keepers” shall be read, respectively, as including
references to river watchers and private river watchers under the Principal Act and
that references to “instruments of appointment” shall be read as including references
to instruments of appointment under the Principal Act.
Part XIX.
Legal Proceedings, Fines, Forfeitures, Evidence, Inquiries and Service of Documents.
Sections 309 1(1) 3(3), 310 to 314, 316, 317, 319, 320, 324.
Editorial Notes
E1
Previous affecting
provision: application of Act extended (6.09.2001) by
Sea Fisheries
(Conservation and Rational Exploitation of Hake) Order 2001
(
S.I. No. 409 of 2001
), art. 11(1), in effect as per art. 1; revoked (10.04.2002) by
Sea
Fisheries (Conservation and Rational Exploitation of Hake) Order 2002
(
S.I. No. 124 of 2002
), art. 7, in effect as per art. 1.
E2
Previous affecting
provision: application of Act extended (30.11.1991) by
Fisheries (Amendment)
Act 1991
(
26/1991
), s. 12(1),
S.I. No. 301 of 1991
; s.
12 repealed (1.06.2010) by
Inland Fisheries Act 2010
(
10/2010
), s. 4 and sch. 1, commenced on enactment.
E3
Previous affecting provision: penalties under ss. 171, 172 altered (18.07.1990) by
Local Government (Water Pollution) (Amendment) Act 1990
(
21/1990
), s. 25, commenced on enactment; superseded (31.12.2007) as per C-note above.
E4
Previous affecting provision: application of Act extended (25.03.1987) by
Oysters (Conservation of Stocks) Order 1987
(
S.I. No. 86 of 1987
), art. 10; revoked (14.04.1987) by
Molluscan Shellfish (Conservation of Stocks) Order 1987
(
S.I. No. 118 of 1987
), art. 12.
E5
Previous affecting
provision: application of Act extended (5.04.1984) by
Sea Fisheries
(Conservation and Rational Exploitation) Order 1984
(
S.I. No. 87 of 1984
),
art. 7(1); revoked (1.01.1987) by
Sea Fisheries (Conservation and Rational
Exploitation) Order 1987
(
S.I. No. 2 of 1987
), art. 8, in effect as per
art. 8.
E6
Previous affecting provision: office of Minister for and Department of Transport abolished,
functions under ss. 117(6), 200(4), 213(1), 217(a), 220(e), 269 transferred and references
to “Minister for Transport” and “Department of Transport” construed as Minister for and Department of Communications (2.01.1984) by
by Ministers and Secretaries (Amendment) Act 1983
(
40/1983
), s. 5, in effect as per s. 5(1); superseded (8.02.1991) as per C-note above.
E7
Previous affecting
provision: penalties under s. 222B altered (16.05.1983) by
Fisheries
(Amendment) Act 1978
(
18/1978
), s. 2 and tables I, II and s. 4, as
amended by
Fisheries (Amendment) Act 1983
(
27/1983
), ss. 6, 7,
S.I.
No. 116 of 1983
; s. 222B repealed (4.04.2006) by
Sea-Fisheries and
Maritime Jurisdiction Act 2006
(
8/2006
), s. 4(1) and
sch. 1, commenced on enactment.
E8
Previous affecting provision: functions transferred and references to “board of conservators” construed as regional board for the purposes of the exercise of certain functions,
and boards of conservators dissolved (18.03.1980, 29.10.1980) by
Fisheries Act 1980
(
1/1980
), ss. 11(3), (4), 34, commenced on enactment and
S.I. No. 323 of 1980
respectively; superseded (1.10.2010) as per C-note above and s. 34 repealed (1.06.2010)
by
Inland Fisheries Act 2010
(
10/2010
), s. 4 and sch. 1, commenced on enactment.
E9
Previous affecting
provisions: trial on indictment provided for and certain penalties under Act
altered (18.03.1980) by
Fisheries Act 1980
(
1/1980
), s. 46(1), (5),
(7), 50(1), (3)(c), (8), and table, commenced on enactment; majority of penalties
superseded (1.07.2010) as per C-note above; penalties under ss. 171 and 172
superseded (18.07.1990) as per E-note above; ss. 237-239, 240-243 repealed
(4.04.2006) by
Sea-Fisheries and Maritime Jurisdiction Act 2006
(
8/2006
), s. 4(1) and sch. 1, commenced on enactment; s. 80 repealed
(1.01.1988) by
Fisheries (Amendment) (No. 2) Act 1987
(
32/1987
), ss. 22, 23(3),
S.I. No. 346 of 1987
.
E10
Previous affecting
provision: certain penalties under Act altered (4.07.1978) by
Fisheries
(Amendment) Act 1978
(
18/1978
), ss. 2(1)-(3), 3, 4, commenced on
enactment; relevant sections repealed (4.04.2006) by
Sea-Fisheries and Maritime
Jurisdiction Act 2006
(
8/2006
), s. 4(1) and sch. 1, commenced on
enactment.
E11
Previous affecting
provisions: functions transferred and references to “Minister for Lands”
and “Department of Lands” construed as Minister for and Department of
Agriculture (3.05.1965) by
Fisheries (Transfer of Departmental Administration
and Ministerial Functions) Order 1965
(
S.I. No. 83 of 1965
),
arts. 3, 4(1)(a), (5), in effect as per art. 1(2), subject to transitional
provisions in arts. 6, 7, 8; superseded (8.02.1977) as per C-note above. Note that
the name of the Minister for and Department of Agriculture was changed to the
Minister for and Department of Agriculture and Fisheries (6.07.1965) by
Agriculture (Alteration of Name of Department and Title of Minister) Order
1965
(
S.I. No. 146 of 1965
), arts. 2, 3, 4.
E12
Previous affecting provision: certain penalties under Act altered (1.01.1963) by
Fisheries (Amendment) Act 1962
(
31/1962
), s. 32(1) and table,
S.I. No. 216 of 1962
; majority of penalties superseded (18.03.1980) as per E-note above; penalties under
ss. 231, 233, 236 superseded (4.07.1978) as per E-note above.
E13
Previous affecting
provision: functions under ss. 117(6), 200(4), 213(1), 217(a), 220(e), 269
transferred and references to “Minister for Industry and Commerce” and "Department
of Industry and Commerce" construed as Minister for and Department of Transport
and Power (13.09.1960) by
Transport, Fuel and Power (Transfer of Departmental
Administration and Ministerial Functions) Order 1960
(
S.I. No. 198 of 1960
), arts. 3, 4, and sch., subject to transitional provisions in arts. 5, 6, 7,
9; superseded (2.01.1984) as per E-note above. Note that the name of the Minister
for and Department of Transport and Power was changed
• to the Minister for and
Department of Tourism and Transport (23.09.1977) by
Transport and Power
(Alteration of Name of Department and Title of Minister) Order 1977
(S.I.
No. 305 of 1977), arts. 2, 3, 4, in effect as per art. 1(2);
• to the Minister for and
Department of Transport (25.01.1980) by
Tourism and Transport (Alteration of
Name of Department and Title of Minister) Order 1980
(
S.I. No. 11
of 1980
), arts. 2, 3, 4, in effect as per art. 1(2).
Annotations
Modifications (not altering text)
C1
Application of Act restricted (21.09.2011) by
European Communities (Birds and Natural Habitats) Regulations 2011
(
S.I. No. 477 of 2011
), reg. 42(22) and sch. 2, in effect as per reg. 1(3).
Screening for Appropriate Assessment and Appropriate Assessment of implications for
European Sites
42. …
(22) Notwithstanding any provision of any statute listed in the Second Schedule that
provides for the consent for a plan or project to which this Regulation applies to
be obtained by default on the failure of the public authority to provide a response
within a specified timescale or otherwise, that provision shall not have effect in
respect of any plan or project to which this Regulation applies.
SECOND SCHEDULE
…
…
…
15
1950
Fisheries Acts 1959 to 2003
…
…
…
C2
Functions transferred and references to “Minister for Finance” and “Department of
Finance” construed as Minister for and Department of Public Expenditure and Reform
(20.09.2011) by
Finance (Transfer of Departmental Administration and Ministerial Functions) (No. 2)
Order 2011
(
S.I. No. 480 of 2011
), arts. 2, 3(a), 4 and sch., in effect as per art. 1(2), subject to transitional
provisions in arts. 5, 6, 7, 9.
2. (1) The administration and business in connection with the exercise, performance
or execution of any functions transferred by this Order are transferred to the Department
of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any Act or any instrument
made thereunder and relating to any administration and business transferred by paragraph
(1) shall, from the commencement of this Order, be construed as references to the
Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under—
(
a
) the provisions of the enactments specified in the Schedule, and
…
are transferred to the Minister for Public Expenditure and Reform.
4. References to the Minister for Finance contained in any Act or instrument made
under an Act and relating to any functions transferred by this Order shall, from the
commencement of this Order, be construed as references to the Minister for Public
Expenditure and Reform.
…
Article 3(a)
SCHEDULE
Enactments
Number and Year
Short Title
Provision
(1)
(2)
(3)
…
…
…
No. 14 of 1959
Fisheries (Consolidation) Act 1959
Sections 7(1) and (3), 16(1), 45(2), 49(3)(b), (4)(a), (8), (10) and (12), 50(2) and
(4), 62(2), 68(1)(b), 74(2), (5) and (6), 116(2)(b)(iii)(IV), 314(3) and (4), 317(2)
and 319(1)(a)(iii)
…
…
…
C3
Functions of the “Central Board” and “regional boards” transferred to “Inland Fisheries
Ireland”, references construed and Central Board and regional boards dissolved (1.07.2010)
by
Inland Fisheries Act 2010
(
10/2010
), ss. 7(11), 8, 48(1) and sch. 2 part 1, commenced on enactment.
Functions of IFI.
7.
— …
(11) The powers under the Principal Act to issue licences, for fishing for salmon
or eels and to issue oyster fishing licences which, immediately before the establishment
day, were exercisable by a regional board shall, on and from the establishment day,
be exercisable by IFI. Duties payable as regards licences issued under the Principal
Act shall be paid to IFI.
Transfer of functions to IFI.
8.
— (1) The administration and business in connection with the exercise, performance
or execution of any of the functions transferred by
subsection (2)
are transferred, on the establishment day, to IFI.
(2) The functions vested in the Central Board or a regional board by or under—
(
a
) the provisions of the enactments mentioned in
Schedule 2
, and
(
b
) the regulations mentioned in
Schedule 3
,
are, on the establishment day, transferred to IFI.
…
(5) The functions transferred by this Act to IFI include the functions specified in
any enactment referred to in
Schedule 2
or
Schedule 3
as a function of the following—
(
a
) the chief executive officer of the Central Board, and
(
b
) the chief executive officer of any regional board.
…
Dissolution of Central Board and regional boards.
48.
— (1) On the establishment day the Central Board and each of the regional boards are
dissolved.
…
SCHEDULE 2
Consequential Amendments of Certain Acts
Section 8
PART 1
Amendment of Fisheries (Consolidation) Act 1959
Item
Provision affected
Amendment
1.
Section 20
…
2.
Section 50
…
3.
Section 54 (amended by Part I of the Fourth Schedule)
…
4.
Section 55
…
5.
Section 57
…
6.
Section 59
…
7.
Section 62
…
8.
Section 67
…
9.
Section 69
…
10.
Section 70
…
11.
Section 72
…
12.
Section 74
…
13.
Section 75
…
14.
Section 77
…
15.
Section 100
…
16.
Section 115
…
17.
Section 118
…
18.
Section 154 (inserted by section 20 of the Act of 1994)
…
19.
Section 158 (inserted by section 20 of the Act of 1994)
…
20.
Section 159 (inserted by section 20 of the Act of 1994)
…
21.
Section 160 (inserted by section 20 of the Act of 1994)
…
22.
Section 161 (inserted by section 20 of the Act of 1994)
…
23.
Section 170
…
24.
Section 294
…
25.
Section 297
…
26.
Section 298
…
27.
Section 301
…
28.
Section 315
…
29.
Section 318
…
30.
Section 319
…
(1) References to regional boards (as provided for by section 2 of Part 1 of the Fourth
Schedule) in the provisions of the Principal Act specified in
subparagraph (2)
shall each be construed and have effect as if they were references to Inland Fisheries
Ireland.
(2) The provisions of the Principal Act referred to in
subparagraph (1)
are the definition of “fishery rate” in section 3(1), sections 40(10) (as substituted
by section 7 of the Act of 2000), 45(1), 49(5), 49(9), 55(2), 55(3), 55(4), 56, 57(2),
57(3), 59(1), 67(1), 67(8), 67(10), 70(2), 70(3), 77(4), 278, 291, 303(1) and 306(1).
…
C4
Application of Act restricted (1.07.2010) by
Inland Fisheries Act 2010
(
10/2010
), s. 57(8),
S.I. No. 262 of 2010
.
Fisheries bye-laws.
57.
— …
(8) Notwithstanding anything contained in the Principal Act, the Minister may, if
he or she thinks fit—
(
a
) make a bye-law, without previously having held an inquiry into the feasibility of
making the bye-law, under any provision of the Principal Act empowering him or her
to make a bye-law, and
(
b
) make a bye-law, without an application having been made to the Minister to have
an inquiry held into the feasibility of making the bye-law—
(i) altering the period which is in any locality the annual close season for salmon
and trout, the annual close season for angling for salmon, the annual close season
for angling for trout, the annual close season for pollen, the annual close season
for eels, or the close season for oysters, or
(ii) under section 272 of the Principal Act.
…
C5
Trial on indictment provided for, certain
penalties under Act altered and references to “summary conviction” construed
(1.07.2010) by
Inland Fisheries Act 2010
(
10/2010
), ss. 75(1),
(3), 77(1), (2)(a), (b), (c), (d), (8) and table part 1,
S.I. No. 262 of 2010
.
Note application of
Fines Act 2010
(8/2010), Part 2.
Certain offences to be tried on indictment.
75.
— (1) A person charged with an offence under section 65, 66, 69, 73, 94, 95, 96, 97,
127, 128, 129, 130, 132, 134, 135, 137, 140, 145, 146, 156, 176, 177 or 182 of the
Principal Act may be tried on indictment.
…
(3) Any reference to summary conviction in any section of the Principal Act which
is mentioned in
subsection (1)
, or in section 29 of the Act of 1962, shall be construed as including a reference
to conviction on indictment.
Alteration of certain penalties under the Principal Act, the Act of 1962 or the Act
of 1994.
77.
— (1) A person convicted by the District Court of an offence for which a penalty is
provided in any section of the Principal Act specified in column (2) of Part 1 of
the Table to this section at any reference number shall, in lieu of so much of the
penalty so provided as consists of a fine, imprisonment, a fine or imprisonment, or
a fine and imprisonment, be liable to the appropriate penalty specified in column
(3) of that Part at that reference number, and that section shall be read and have
effect accordingly.
(2) (
a
) A person convicted on indictment of an offence under section 164 of the Principal
Act (inserted by section 16 of the Act of 1962), in lieu of the penalty specified
in subsection (4)(b) of that section, is liable to a fine not exceeding €10,000 or
to imprisonment for a term not exceeding 2 years or both and that section shall be
read and have effect accordingly.
(
b
) A person convicted on indictment of an offence under section 285A(1) of the Principal
Act (inserted by section 24 of the Act of 1962), in lieu of the penalty specified
in paragraph (b) of that section, is liable to a fine not exceeding €10,000, or to
imprisonment for a term not exceeding 2 years or both, and that section shall be read
and have effect accordingly.
(
c
) A person convicted on indictment of an offence under section 65, 66, 73, 94, 95,
96, 97, 127, 130, 132, 134, 135, 137, 140, 145, 146, 156, 176, 177 or 182 of the Principal
Act, as amended by section 75 (1), is liable to a fine not exceeding €10,000, or to
imprisonment for a term not exceeding 2 years or both.
(
d
) A person convicted on indictment of an offence under section 69, 128 or 129 of the
Principal Act, as amended by section 75(1), is liable to a fine not exceeding €10,000
and in the case of a continuing offence to a further fine not exceeding €500 for each
day during which the offence is committed, or to imprisonment for a term not exceeding
2 years or both.
…
(8) This section has effect in respect of offences committed after the establishment
day.
TABLE
PART 1
Reference Number
Section of Principal Act
Penalty
(1)
(2)
(3)
1.
12, 13, 289.
A fine not exceeding €200.
2.
49, 105, 106, 152, 153, 162, 255, 265, 286, 287, 288, 290, 294, 298, 303, 304, 306,
323.
A fine not exceeding €1,000.
3.
17, 65, 66, 73, 91, 92, 93, 112, 113, 119, 120, 121, 122, 125, 130, 140, 141, 143,
144, 145, 146, 167, 168, 169, 178, 179, 180, 181, 253, 273, 274, 277, 285, 291.
A fine not exceeding €2,000.
4.
163.
A fine not exceeding €2,000 or, in the case of a second or any subsequent offence under that section, a
fine not exceeding €4,000.
5.
69, 123, 128, 129.
A fine not exceeding €2,000 and, in the case of a continuing offence, a further fine (not exceeding in all
€2,500) not exceeding €250 for each day during which the offence is continued.
6.
100(3).
A fine not exceeding €2,000, and if after conviction the contravention is continued, that person commits
a further offence on each day during which the contravention continues and is liable
on summary conviction to a fine not exceeding €1,000.
100(5)(
e
).
A fine not exceeding €2,000.
7.
111.
A fine not exceeding €2,000 and a further fine (not exceeding in all €2,500) not exceeding €50 per day until the defendant restores the bed of the river in respect of which the
offence under that section is committed to its original state.
8.
124.
A fine not exceeding €2,000 and a further fine (not exceeding in all €2,500) not exceeding €250 for each day during which the neglect referred to in that section continues.
9.
127, 134, 135, 136, 137, 138, 177.
A fine (not exceeding in all €2,500) of an amount not exceeding €2,000 together with an amount not exceeding €250 for each salmon and €50 for each other fish in respect of which the offence under that section is committed.
10.
94.
A fine (not exceeding in all €2,500) of an amount not exceeding €2,000 together with an amount not exceeding €250 for each salmon and €50 for each other fish caught by means of any net used in the commission of the offence
under that section.
11.
95, 96, 97, 99, 102, 103, 104, 107, 110, 114, 116, 131, 132, 164, 165, 166, 170,
173, 174, 285A, 301, 308.
A fine not exceeding €2,000 or imprisonment for a term not exceeding 6 months or both.
12.
183.
A fine not exceeding €2,000 or, in the case of a second or any subsequent offence under that section, a
fine not exceeding €4,000 or imprisonment for a term not exceeding 6 months or both.
13.
176.
A fine (not exceeding in all €2,500) of an amount not exceeding €2,000 together with an amount not exceeding €250 for each salmon and €50 for each other fish in respect of which the offence under that section is committed
or imprisonment for a term not exceeding 6 months or both.
14.
156(2), 157, 163A(1), 182.
A fine not exceeding €1,000 together with an amount not exceeding €100 for each salmon, €100 for each kilogram of eels or molluscan shellfish and €20 for each other fish in respect of which the offence under that section is committed
provided that the total amount of the fine shall not exceed €2,000 or imprisonment for a term not exceeding 6 months or both.
15.
156(3).
A fine not exceeding €1,000.
16.
163A(3), 163A(5).
A fine not exceeding €1,000.
C6
Application of Act restricted (30.07.2009) by
European Communities Environmental Objectives (Surface Waters) Regulations 2009
(
S.I. No. 272 of 2009
), regs. 9, 11, in effect as per reg. 1(2).
Emission controls and environmental quality standards
…
9. Requirements under Article 7 shall apply to all new authorisations to discharge
into surface waters and to reviews of existing authorisations, granted under the Dumping
at Sea Acts 1996-2004, the Foreshore Acts 1933-1992, the Fisheries Acts 1959-2003,
the Act of 1977, the Act of 1992, the Act of 1996 and Regulations made for such purpose
under the Act of 1972, or any other enactment, from the date of coming into force
of these Regulations.
…
Review of existing authorisations
11. (1) Notwithstanding any existing provisions of the Acts or Regulations referred
to in Article 9, or any Regulation made to give effect to a requirement of the said
Acts, a public authority shall as soon as may be practicable, but not later than 22
December 2012 and sooner if required or where directed by the Minister,
(
a
) examine the terms of every authorisation or revised authorisation to which Article
9 applies and for the time being in force and determine whether, having regard to
the requirements of Article 7 of these Regulations, the authorisation or revised authorisation
requires to be reviewed for the purposes of compliance with the said Article, and
(
b
) if the authorisation or revised authorisation requires to be so reviewed complete
such a review by the required date, or
(
c
) if the authorisation or revised authorisation does not require to be so reviewed
and accordingly, that no further action is required, declare in writing that this
is the case.
(2) A public authority shall from time to time carry out such further examination,
and where necessary review, of authorisations as may be necessary to ensure compliance
with the environmental objectives and quality standards established by these Regulations.
C7
Penalties under ss. 171, 172 altered
(31.12.2007) by
Water Services Act 2007
(
30/2007
), s. 111,
S.I. No. 846
of 2007
.
A fine of €5,000 translates
into a class A fine, not greater than €5,000, as provided (4.01.2011) by
Fines
Act 2010
(8/2010), ss. 3, 4(2) and table ref. no. 1, S.I. No. 662 of
2010.
Increase of penalties under sections 171 and 172 of Fisheries (Consolidation) Act
1959.
111.
— A person guilty of an offence under section 171 or 172 of the Fisheries (Consolidation)
Act 1959 is liable, in lieu of the penalties specified in section 25 of the Act of
1990—
(
a
) on summary conviction, to a fine not exceeding €5,000, or imprisonment for a term
not exceeding 3 months, or both, or
(
b
) on conviction on indictment, to a fine not exceeding €15,000,000, or imprisonment
for a term not exceeding 5 years, or both.
C8
Application of Act extended (8.10.2005) by
European Communities (Satellite-Based Vessel Monitoring Systems) Regulations 2005
(
S.I. No. 641 of 2005
), reg. 9.
9. A sea fisheries protection officer may for the purposes of enforcing the Commission
Regulation exercise any of the powers conferred on a sea fisheries protection officer
under the Act of 1959.
C9
Application of Act extended (23.07.2003) by
Sea Fisheries (Conservation and Rational Exploitation) Regulations 2003
(
S.I. No. 332 of 2003
), reg. 8(1), in effect as per reg. 1(2).
8. (1) For the purpose of enabling these Regulations to have full effect all of the
powers conferred on a sea fisheries protection officer by the Principal Act are hereby
extended to such extent as is appropriate for the enforcement of these Regulations.
C10
Application of Act extended (12.12.2001) by
Sea Fisheries (Conservation and Rational Exploitation) Order 2001
(
S.I. No. 557 of 2001
), art. 8(1), in effect as per art. 1.
8. (1) For the purpose of enabling this Order to have full effect all of the powers
conferred on a sea fisheries protection officer by the Principal Act are hereby extended
to such extent as is appropriate for the enforcement of this Order.
C11
Application of Act restricted (30.06.1998) by
Fisheries (Amendment) Act 1997
(
23/1997
), s. 77(2),
S.I. No. 203 of 1998
.
Recapture of escaped stock.
77.
— …
(2) The Minister, or an officer of the Minister designated by the Minister for the
purposes of this section, may, notwithstanding any other provision of this Act or
of the Fisheries Acts 1959 to 1995, authorise a licensee or other person or body to
take such action as is specified in the authorisation to recapture stock which has
escaped from a facility operated under a licence.
C12
Functions under ss. 117(6), 200(4), 213(1), 217(a), 220(e) transferred and references
to "Minister for Communications" and “Department of Communications” construed as Minister for and Department of Tourism, Transport and Communications
(8.02.1991) by
Communications (Transfer of Departmental Administration and Ministerial Functions)
Order 1991
(
S.I. No. 26 of 1991
), arts. 3, 4, in effect as per art. 1(2), subject to transitional provisions in arts.
4, 6, 7, 9.
3. (1) The administration and business in connection with the exercise, performance
or execution of any functions transferred by Article 4 of this Order are hereby transferred
to the Department of Tourism, Transport and Communications.
(2) References to the Department of Communications contained in any Act or any instrument
made thereunder and relating to any administration and business transferred by paragraph
(1) of this Article shall, on and after the commencement of this Order, be construed
as references to the Department of Tourism, Transport and Communications.
4. (1) There are hereby transferred to the Minister for Tourism, Transport and Communications
the functions vested in the Minister for Communications by or under the Ministers
and Secretaries (Amendment) Act 1983.
(2) References to the Minister for Communications contained in any Act or instrument
made thereunder and relating to any functions transferred by this Article shall, on
or after the commencement of this Order, be construed as references to the Minister
for Tourism, Transport and Communications.
…
Note that the name of the Minister for and Department of Tourism, Transport and Communications
was changed
• to the Minister for and Department of
Transport, Energy and Communications (22.01.1993) by
Tourism, Transport and
Communications (Alteration of Name of Department and Title of Minister) Order
1993
(
S.I. No. 17 of 1993
), arts. 2, 3, in effect as per art.
1(2);
• to the Minister for and Department of
Public Enterprise (12.07.1997) by
Transport, Energy and Communications
(Alteration of Name of Department and Title of Minister) Order 1997
(
S.I. No. 299
of 1997
), arts. 2, 3, in effect as per art. 1(2);
• to the Minister for and Department of
Transport (19.06.2002) by
Public Enterprise (Alteration of Name of Department
and Title of Minister) Order 2002
(
S.I. No. 305 of 2002
),
arts. 2, 3, 4, in effect as per art. 1(2);
• to the Minister for and Department of
Transport, Tourism and Sport (2.04.2011) by
Transport (Alteration of Name of
Department and Title of Minister) Order 2011
(
S.I. No. 141 of 2011
),
arts. 2, 3, 4, in effect as per art. 1(2);
• to the Minister for and Department of
Transport (17.09.2020) by
Transport, Tourism and Sport (Alteration of Name of
Department and Title of Minister) Order 2020
(
S.I. No. 351 of 2020
),
arts. 2, 3, 4, in effect as per art. 1(2).
C13
Functions under s. 269 transferred and references to “Minister for Communications” and "Department of Communications" construed as Minister for and Department of Marine
(31.03.1987) by
Communications (Transfer of Departmental Administration and Ministerial Functions)
Order 1987
(
S.I. No. 91 of 1987
), arts. 3, 4, and sch. part IV ref. no. 9, in effect as per art. 1(2), subject to
transitional provisions in arts. 5, 6, 7, 9.
3. (1) The administration and business in connection with the exercise, performance
or execution of any functions transferred by Article 4 of this Order are hereby transferred
to the Department of the Marine.
(2) References to the Department of Communications contained in any Act or instrument
made thereunder and relating to any administration and business transferred by paragraph
(1) of this Article shall, on and after the commencement of this Order, be construed
as references to the Department of the Marine.
4. (1) The functions vested in the Minister for Communications—
(
a
) by or under the Ministers and Secretaries (Amendment) (No. 2) Act, 1983 (No. 40
of 1983) which relate to functions under any of the statutes and orders mentioned
in Parts I and II of the Schedule to this Order, or
(
b
) by or under any of the statutes mentioned in Part III of the Schedule to this Order,
or
(
c
) by or under any of the Statutes mentioned in the third column of Part IV of the
Schedule to this Order at any reference number of any statute mentioned in the second
column of that Part of that Schedule at that reference number
are hereby transferred to the Minister for the Marine.
(2) References to the Minister for Communications contained in any Act or instrument
made thereunder and relating to any functions transferred by this Article shall, on
and after the commencement of this Order, be construed as references to the Minister
for the Marine.
…
SCHEDULE
…
PART IV
Statutes, certain functions under which are transferred from the Minister for Communications
to the Minister for the Marine
Ref. No.
Statute
Provisions of the Statutes mentioned in the second column, functions under which
are transferred to the Minister for the Marine
(1)
(2)
(3)
…
…
…
9.
Fisheries (Consolidation) Act 1959
Section 269
…
…
…
Note that the name of the Minister for and Department of Marine was changed
• to the Minister for and Department of
Marine and Natural Resources (12.07.1997) by
Marine (Alteration of Name of
Department and Title of Minister) Order 1997
(
S.I. No. 301 of 1997
),
arts. 2, 3, 4, in effect as per art. 1(2);
• to the Minister for and Department of
Communications, Marine and Natural Resources (19.06.2002) by
Marine and Natural
Resources (Alteration of Name of Department and Title of Minister) Order
2002
(
S.I. No. 307 of 2002
), arts. 2, 3, 4, in effect as per
art. 1(2);
• to the Minister for and Department of
Communications, Energy and Natural Resources (20.10.2007) by
Communications,
Marine and Natural Resources (Alteration of Name of Department and Title of
Minister) Order 2007
(
S.I. No. 706 of 2007
), arts. 2, 3, 4, in effect
as per art. 1(2);
• to the Minister for and Department of
Communications, Climate Action and Environment (23.07.2016) by
Communications,
Energy and Natural Resources (Alteration of Name of Department and Title of
Minister) Order 2016
(
S.I. No. 421 of 2016
), arts. 2, 3, 4, in effect
as per art. 1(2);
• to the Minister for and Department of
Environment, Climate and Communications (24.09.2020) by
Communications, Climate
Action and Environment (Alteration of Name of Department and Title of Minister)
Order 2020
(
S.I. No. 373 of 2020
), arts. 2, 3, 4, in effect as per
art. 1(2).
C14
Functions transferred and references to “Minister for Agriculture and Fisheries” and "Department of Agriculture and Fisheries" construed as “Minister for Lands” and "Department of Lands" (8.02.1977) by
Fisheries (Transfer of Departmental Administration and Ministerial Functions) Order
1977
(
S.I. No. 30 of 1977
), arts. 3, 4(1)(a), (6), subject to transitional provisions in arts. 6, 7, 8.
3. (1) The administration and business in connection with the exercise, performance
or execution of any functions transferred by Article 4 of this Order are hereby transferred
to the Department of Lands.
(2) References to the Department of Agriculture and Fisheries contained in any Act
or instrument made thereunder and relating to any administration and business transferred
by paragraph (1) of this Article shall, on and after the commencement of this Order,
be construed as references to the Department of Lands.
4. (1) The functions vested in the Minister for Agriculture and Fisheries by or under
the following Acts are hereby transferred to the Minister for Lands
(
a
) the Fisheries Acts 1959 to 1976,
…
(6) References to the Minister for Agriculture and Fisheries contained in any Act
or instrument made thereunder and relating to any functions transferred by this Article
shall, on and after the commencement of this Order, be construed as references to
the Minister for Lands.
Note that the name of the Minister for and Department of Lands was changed
• to the Minister for and Department of
Fisheries (9.02.1977) by
Lands (Alteration of Name of Department and Title of
Minister) Order 1977
(
S.I. No. 29 of 1977
), arts. 2, 3, 4, in effect
as per art. 1(2);
• to the Minister for and Department of
Fisheries and Forestry (15.07.1978) by
Fisheries (Alteration of Name of
Department and Title of Minister) Order 1978
(
S.I. No. 195 of 1978
),
arts. 2, 3, 4, in effect as per art. 1(2);
• to the Minister for and Department of
Tourism, Fisheries and Forestry (19.02.1986) by
Fisheries and Forestry
(Alteration of Name of Department and Title of Minister) Order 1986
(
S.I. No. 40
of 1986
), arts. 2, 3, 4, in effect as per art. 1(2);
• to the Minister for and Department of
Marine (19.03.1987) by
Tourism, Fisheries and Forestry (Alteration of Name of
Department and Title of Minister) Order 1987
(S.I. No. 82 of 1987), arts.
2, 3, 4, in effect as per art. 1(2);
• to the Minister for and Department of
Marine and Natural Resources (12.07.1997) by
Marine (Alteration of Name of
Department and Title of Minister) Order 1997
(
S.I. No. 301 of 1997
),
arts. 2, 3, 4, in effect as per art. 1(2);
• to the Minister for and Department of
Communications, Marine and Natural Resources (19.06.2002) by
Marine and Natural
Resources (Alteration of Name of Department and Title of Minister) Order
2002
(
S.I. No. 307 of 2002
), arts. 2, 3, 4, in effect as per
art. 1(2);
• to the Minister for and Department of
Communications, Energy and Natural Resources (20.10.2007) by
Communications,
Marine and Natural Resources (Alteration of Name of Department and Title of
Minister) Order 2007
(
S.I. No. 706 of 2007
), arts. 2, 3, 4, in effect
as per art. 1(2);
• to the Minister for and Department of
Communications, Climate Action and Environment (23.07.2016) by
Communications,
Energy and Natural Resources (Alteration of Name of Department and Title of
Minister) Order 2016
(
S.I. No. 421 of 2016
), arts. 2, 3, 4, in effect
as per art. 1(2);
• to the Minister for and Department of
Environment, Climate and Communications (24.09.2020) by
Communications, Climate
Action and Environment (Alteration of Name of Department and Title of Minister)
Order 2020
(
S.I. No. 373 of 2020
), arts. 2, 3, 4, in effect as per
art. 1(2).
C15
Provisions of Act applied with modifications (1.03.1962) by
Foyle Fisheries (Amendment) Act 1961
(
44/1961
), s. 10(1) and table,
S.I. No. 24 of 1962
.
Application of Fisheries (Consolidation) Act 1959 to Moville Area.
10.
— (1) The provisions of the Fisheries (Consolidation) Act 1959 indicated in the Table
to this section shall, notwithstanding section 325 of that Act, extend to the Moville
Area with the substitution, for references to boards of conservators, of references
to the Commission and, for references to a fishery district, of references to the
Moville Area and subject also to the modifications mentioned in the Table.
…
TABLE
Provisions of Fisheries (Consolidation) Act 1959, Extended to Moville Area.
Part II.
Miscellaneous Powers and Duties of the Minister.
Sections 15 and 17.
Part IV.
Boards of Conservators.
Section 49 except subsection (6).
Part V.
Rates on Fisheries.
Sections 55(4), (7), 56, 57: with the modification that references to a rate shall
be read as references to a rate under section 23 of the Principal Act.
Part VII.
Regulations as to Nets.
Section 93.
Part VIII.
Fixed Engines, Fishing Weirs, Fishing Mill Dams and other Obstructions to the Passage
of Fish.
Sections 97 to 100, 109, 115 to 125.
Part IX.
(Chapter I, Divisions II and III.)
Prohibition of Export of Salmon and Capture, Sale, etc., of Trout at Certain Times.
Sections 135 and 136.
Part X.
Restrictions on Sale and Export for Sale of Salmon and Trout.
Sections 154 to 163: with the modifications that references to the clerk to a Board
of Conservators shall be read as references to an officer of the Commission, and that
sections 156(1) and 157(1) shall be read as if “the Foyle Fisheries Commission” were
inserted after “the Minister”.
Part XI.
Miscellaneous Provisions in relation to Salmon and Freshwater Fisheries.
Sections 168, 171, 172 177 to 181, 183.
Part XII.
Transfer to the Minister of Certain Fisheries.
Sections 192, except subsection (1), 193, 194, except subsection (2), 197, 210 to
215, 217: with the modification that “transferable fishery” shall not include a fishery
vested in the Minister and the Ministry or in the Commission.
Part XVIII.
Powers of Water Keepers, Officers and Servants of Boards of Conservators, Garda Síochána
and other Persons.
Sections 295 to 297, 301: with the modifications that references to “conservators'
water keepers” and “private water keepers” shall be read, respectively, as including
references to river watchers and private river watchers under the Principal Act and
that references to “instruments of appointment” shall be read as including references
to instruments of appointment under the Principal Act.
Part XIX.
Legal Proceedings, Fines, Forfeitures, Evidence, Inquiries and Service of Documents.
Sections 309 1(1) 3(3), 310 to 314, 316, 317, 319, 320, 324.
Editorial Notes
E1
Previous affecting
provision: application of Act extended (6.09.2001) by
Sea Fisheries
(Conservation and Rational Exploitation of Hake) Order 2001
(
S.I. No. 409 of 2001
), art. 11(1), in effect as per art. 1; revoked (10.04.2002) by
Sea
Fisheries (Conservation and Rational Exploitation of Hake) Order 2002
(
S.I. No. 124 of 2002
), art. 7, in effect as per art. 1.
E2
Previous affecting
provision: application of Act extended (30.11.1991) by
Fisheries (Amendment)
Act 1991
(
26/1991
), s. 12(1),
S.I. No. 301 of 1991
; s.
12 repealed (1.06.2010) by
Inland Fisheries Act 2010
(
10/2010
), s. 4 and sch. 1, commenced on enactment.
E3
Previous affecting provision: penalties under ss. 171, 172 altered (18.07.1990) by
Local Government (Water Pollution) (Amendment) Act 1990
(
21/1990
), s. 25, commenced on enactment; superseded (31.12.2007) as per C-note above.
E4
Previous affecting provision: application of Act extended (25.03.1987) by
Oysters (Conservation of Stocks) Order 1987
(
S.I. No. 86 of 1987
), art. 10; revoked (14.04.1987) by
Molluscan Shellfish (Conservation of Stocks) Order 1987
(
S.I. No. 118 of 1987
), art. 12.
E5
Previous affecting
provision: application of Act extended (5.04.1984) by
Sea Fisheries
(Conservation and Rational Exploitation) Order 1984
(
S.I. No. 87 of 1984
),
art. 7(1); revoked (1.01.1987) by
Sea Fisheries (Conservation and Rational
Exploitation) Order 1987
(
S.I. No. 2 of 1987
), art. 8, in effect as per
art. 8.
E6
Previous affecting provision: office of Minister for and Department of Transport abolished,
functions under ss. 117(6), 200(4), 213(1), 217(a), 220(e), 269 transferred and references
to “Minister for Transport” and “Department of Transport” construed as Minister for and Department of Communications (2.01.1984) by
by Ministers and Secretaries (Amendment) Act 1983
(
40/1983
), s. 5, in effect as per s. 5(1); superseded (8.02.1991) as per C-note above.
E7
Previous affecting
provision: penalties under s. 222B altered (16.05.1983) by
Fisheries
(Amendment) Act 1978
(
18/1978
), s. 2 and tables I, II and s. 4, as
amended by
Fisheries (Amendment) Act 1983
(
27/1983
), ss. 6, 7,
S.I.
No. 116 of 1983
; s. 222B repealed (4.04.2006) by
Sea-Fisheries and
Maritime Jurisdiction Act 2006
(
8/2006
), s. 4(1) and
sch. 1, commenced on enactment.
E8
Previous affecting provision: functions transferred and references to “board of conservators” construed as regional board for the purposes of the exercise of certain functions,
and boards of conservators dissolved (18.03.1980, 29.10.1980) by
Fisheries Act 1980
(
1/1980
), ss. 11(3), (4), 34, commenced on enactment and
S.I. No. 323 of 1980
respectively; superseded (1.10.2010) as per C-note above and s. 34 repealed (1.06.2010)
by
Inland Fisheries Act 2010
(
10/2010
), s. 4 and sch. 1, commenced on enactment.
E9
Previous affecting
provisions: trial on indictment provided for and certain penalties under Act
altered (18.03.1980) by
Fisheries Act 1980
(
1/1980
), s. 46(1), (5),
(7), 50(1), (3)(c), (8), and table, commenced on enactment; majority of penalties
superseded (1.07.2010) as per C-note above; penalties under ss. 171 and 172
superseded (18.07.1990) as per E-note above; ss. 237-239, 240-243 repealed
(4.04.2006) by
Sea-Fisheries and Maritime Jurisdiction Act 2006
(
8/2006
), s. 4(1) and sch. 1, commenced on enactment; s. 80 repealed
(1.01.1988) by
Fisheries (Amendment) (No. 2) Act 1987
(
32/1987
), ss. 22, 23(3),
S.I. No. 346 of 1987
.
E10
Previous affecting
provision: certain penalties under Act altered (4.07.1978) by
Fisheries
(Amendment) Act 1978
(
18/1978
), ss. 2(1)-(3), 3, 4, commenced on
enactment; relevant sections repealed (4.04.2006) by
Sea-Fisheries and Maritime
Jurisdiction Act 2006
(
8/2006
), s. 4(1) and sch. 1, commenced on
enactment.
E11
Previous affecting
provisions: functions transferred and references to “Minister for Lands”
and “Department of Lands” construed as Minister for and Department of
Agriculture (3.05.1965) by
Fisheries (Transfer of Departmental Administration
and Ministerial Functions) Order 1965
(
S.I. No. 83 of 1965
),
arts. 3, 4(1)(a), (5), in effect as per art. 1(2), subject to transitional
provisions in arts. 6, 7, 8; superseded (8.02.1977) as per C-note above. Note that
the name of the Minister for and Department of Agriculture was changed to the
Minister for and Department of Agriculture and Fisheries (6.07.1965) by
Agriculture (Alteration of Name of Department and Title of Minister) Order
1965
(
S.I. No. 146 of 1965
), arts. 2, 3, 4.
E12
Previous affecting provision: certain penalties under Act altered (1.01.1963) by
Fisheries (Amendment) Act 1962
(
31/1962
), s. 32(1) and table,
S.I. No. 216 of 1962
; majority of penalties superseded (18.03.1980) as per E-note above; penalties under
ss. 231, 233, 236 superseded (4.07.1978) as per E-note above.
E13
Previous affecting
provision: functions under ss. 117(6), 200(4), 213(1), 217(a), 220(e), 269
transferred and references to “Minister for Industry and Commerce” and "Department
of Industry and Commerce" construed as Minister for and Department of Transport
and Power (13.09.1960) by
Transport, Fuel and Power (Transfer of Departmental
Administration and Ministerial Functions) Order 1960
(
S.I. No. 198 of 1960
), arts. 3, 4, and sch., subject to transitional provisions in arts. 5, 6, 7,
9; superseded (2.01.1984) as per E-note above. Note that the name of the Minister
for and Department of Transport and Power was changed
• to the Minister for and
Department of Tourism and Transport (23.09.1977) by
Transport and Power
(Alteration of Name of Department and Title of Minister) Order 1977
(S.I.
No. 305 of 1977), arts. 2, 3, 4, in effect as per art. 1(2);
• to the Minister for and
Department of Transport (25.01.1980) by
Tourism and Transport (Alteration of
Name of Department and Title of Minister) Order 1980
(
S.I. No. 11
of 1980
), arts. 2, 3, 4, in effect as per art. 1(2).
Part
I
PRELIMINARY AND GENERAL
Section
1.
Short title.
2.
Commencement.
3.
Interpretation
generally.
4.
Regulations.
5.
Repeals.
6.
Expenses.
Part
II
MISCELLANEOUS POWERS AND DUTIES OF THE MINISTER
7.
Special tidal
waters.
8.
Power of Minister to hold
inquiries into fisheries.
9.
Power of Minister to make
bye-laws for the government, management, protection and improvement of
fisheries.
(
Repealed
)
10.
Definitions of mouths of
rivers, boundaries between tidal and freshwater portions of rivers,
points of mouths of rivers from which distances are to be measured,
etc.
11.
Provisions in relation to
publication and deposit of bye-laws, etc., and appeal against bye-laws,
etc.
12.
Regulations for fishing by
holders of special local licences.
13.
Returns by holders of special
local licences.
14.
Saving for acts done for
artificial propagation, scientific purposes or improvement of
fisheries.
15.
Power of Minister to grant
fish culture licences.
15A.
Environmental impact
assessment in relation to certain applications for fish culture
licences.
(
Repealed
)
16.
Power of Minister to take on
lease fisheries for research purposes.
17.
Power of Minister to restrict
importation of live fish, etc.
18.
Annual report by the
Minister.
Part
III
FISHERY DISTRICTS AND ELECTORAL DIVISIONS
19.
Fishery districts and
electoral divisions.
20.
Creation of new fishery
districts and electoral divisions.
Part
IV
BOARDS OF CONSERVATORS
21.
Construction of boards of
conservators.
(
Repealed
)
22.
Elections of conservators for
electoral divisions to be held in each election year.
(
Repealed
)
23.
Number of conservators for
electoral divisions.
(
Repealed
)
24.
Electorate for election of
conservators for an electoral division and scale of votes.
(
Repealed
)
25.
Qualification of
conservators.
(
Repealed
)
26.
Disqualification from election
as a conservator.
(
Repealed
)
27.
Triennial elections of
conservators.
(
Repealed
)
28.
On failure of election former
conservators to act.
(
Repealed
)
29.
Term of office of
conservators.
(
Repealed
)
30.
Disqualification of elected
member of board of conservators on conviction of offence.
(
Repealed
)
31.
Disqualification of
conservator by non-attendance at meetings.
(
Repealed
)
32.
Resignation of conservator for
an electoral division.
(
Repealed
)
33.
Casual vacancies amongst
elected members.
(
Repealed
)
34.
Certain rated occupiers to be
ex officio
conservators.
(
Repealed
)
35.
Disqualification for acting as
an
ex officio
conservator.
(
Repealed
)
36.
Appointment of
ex
officio
members in respect of the Shannon fisheries.
(
Repealed
)
37.
Appointment of
ex
officio
members in respect of other fisheries acquired by the
Electricity Supply Board.
(
Repealed
)
38.
Nomination of
ex
officio
members by the Minister.
(
Repealed
)
39.
Representation of trout
anglers on board of conservators.
(
Repealed
)
40.
Officers of board of
conservators.
41.
Duties of clerk of a board of
conservators.
(
Repealed
)
42.
Treasurer of the board.
(
Repealed
)
43.
Payments of licence duties,
etc. to treasurer.
(
Repealed
)
44.
Payments by treasurer.
(
Repealed
)
45.
Payments in respect of special
local licences to Minister by boards of conservators.
46.
Board of conservators to
furnish annual estimate.
(
Repealed
)
47.
Restriction on expenditure by
boards of conservators.
(
Repealed
)
48.
Accounts of boards of
conservators.
(
Repealed
)
49.
The Salmon Conservancy
Fund.
50.
Inquiries in respect of boards
of conservators.
51.
Power to dissolve boards of
conservators.
(
Repealed
)
52.
Seal of board of
conservators.
(
Repealed
)
53.
Proceedings of board of
conservators. (
Repealed
)
54.
Protection of salmon spawning
in Northern Ireland.
Part
V
RATES ON FISHERIES
55.
Rates on fisheries.
56.
Valuations by reference to
which fishery rates are to be struck, and provisions in relation to
appeals against valuations of fisheries.
57.
Amendment of fishery
rates.
58.
Liability for fishery
rate.
59.
Collection and recovery of
fishery rate.
60.
Payments by Minister in lieu
of fishery rate.
(
Repealed
)
61.
Fishery rates on leased
fisheries.
(
Repealed
)
62.
Grants to certain boards of
conservators.
63.
Suspended provisions as to
rates on fisheries.
(
Repealed
)
Part
VI
LICENCES FOR FISHING FOR SALMON, TROUT AND EELS
Chapter I
Ordinary Fishing
Licences
64.
Non-application of this
Chapter to special tidal waters.
65.
Penalty for using unlicensed
scheduled engine, other than rod and line.
66.
Penalty for fishing for or
taking salmon with rod and line by unlicensed person.
67.
Provisions in relation to
ordinary fishing licences.
68.
Duties on ordinary fishing
licences.
69.
Licence duties on engines not
specified in Fourth Schedule, and restrictions on user of such
engines.
70.
Agents for issue of ordinary
fishing licences.
71.
Right to issue of ordinary
fishing licences.
(
Repealed
)
72.
Payment by instalments of
ordinary licence duties on draft nets and drift nets.
Chapter II
Licences for Fishing in
Special Tidal Waters
73.
Penalty for fishing in special
tidal waters by unlicensed person.
74.
Special local licences and
licence duty thereon.
75.
Form and effect of special
local licences.
76.
Issue of special local
licences.
(
Repealed
)
77.
Payment of special local
licence duty by instalments.
78.
Forfeiture of special local
licences.
Chapter III
Licences for Fishing for
Trout with Rod and Line in Certain Waters
79.
Scheduled trout waters.
(
Repealed
)
80.
Penalty for fishing in
scheduled trout waters for trout with rod and line by unlicensed
person.
(
Repealed
)
81.
Kinds of trout rod licences
and licence duties thereon.
(
Repealed
)
82.
Area of validity of trout rod
licences.
(
Repealed
)
83.
Right to issue of trout rod
licences.
(
Repealed
)
84.
Provisions in relation to
trout rod licences.
(
Repealed
)
Chapter IV
Restrictions on Issue of
Fishing Licences
85.
Prohibition of issue of
ordinary fishing licences in respect of special tidal waters.
86.
Prohibition of issue of
licences for snap nets in the tidal portion of the River
Shannon.
87.
Prohibition of issue of
licences for snap nets in tidal portion of rivers (other than the River
Shannon) in which the Electricity Supply Board has acquired a fishery or
fishing right.
88.
Restrictions on issue of drift
net and draft net licences in tidal portions of rivers in which the
Electricity Supply Board has a fishery or fishing rights.
89.
Restrictions on issue of
licences for nets for fishing in certain fisheries.
(
Repealed
)
Chapter V
Forfeiture of
Licences
90.
Forfeiture of licences.
(
Repealed
)
Part VII
REGULATIONS AS TO NETS
91.
Restrictions on use of
nets.
92.
Mesh of nets, made of
non-rigid material for the taking of salmon in the sea or
tideways.
93.
Meshes or openings of engines
made of rigid material for the taking of salmon in the sea and
tideways.
94.
Salmon nets not to be used at
mouths of rivers or within half a mile seaward or inwards of mouths of
rivers.
95.
Restriction on use of nets in
freshwater.
96.
Restriction on possession of
nets, etc.
Part VIII
FIXED ENGINES, FISHING WEIRS, FISHING MILL DAMS AND OTHER
OBSTRUCTIONS TO THE PASSAGE OF FISH
Chapter I
Prohibition of Fixed
Engines, Fishing Weirs and Fishing Mill Dams with Certain Exceptions
97.
Penalty for using, etc., fixed
engine for the capture of salmon not certificated under the Salmon
Fishery (Ireland) Act 1863.
98.
Effect of certificates under
section 6 of the Salmon Fishery (Ireland) Act 1863.
99.
Restriction on erection of
fishing weirs, fishing mill dams or fixed engines in fresh water portion
of rivers.
100.
Restriction on use of fishing
weirs, fishing mill dams or fixed engines in freshwater.
101.
Construction of fishing weirs
by the Electricity Supply Board.
Chapter II
Restrictions on Sites of
Fixed Engines
102.
Prohibition of placing or
using fixed engines, etc. in narrow part of estuaries.
103.
Prohibition of placing or
using fixed engines, etc. at mouths of rivers less than one half mile in
breadth.
104.
Prohibition of bag nets in
certain places.
105.
Stake nets not to extend
further than from high to low water mark.
Chapter III
Regulations as to the
Construction and User of Fixed Engines
106.
Regulations as to construction
and user of stake nets and bag nets.
Chapter IV
Regulations as to Fishing
Weirs and Fishing Mill Dams
107.
Free gaps in fishing
weirs.
108.
Operation of fishing weir by
Minister or the Electricity Supply Board without free gap.
109.
Operation of eel fishing weirs
without free gap.
110.
Construction of free gaps in
fishing weirs.
111.
Penalty for affecting flow of
water through free gap by alteration of bed of river.
112.
Penalties for fishing in or
near free gaps in fishing weirs and obstructing free gaps.
113.
Rules as to boxes in salmon
fishing weirs and fishing mill dams.
114.
Construction of guiding walls
appurtenant to fishing weirs and fishing mill dams.
Chapter V
Dams and Natural
Obstructions
115.
Construction of fish passages
in dams for sustaining water for mill power, navigation, etc. in salmon
rivers.
116.
Fish passes in dams and repair
of dams.
117.
Alteration of abandoned and
disused dams.
118.
Alteration or removal of
natural obstructions in rivers to allow free migration of
fish.
119.
Offences in relation to fish
passes made under section 62 or 63 of the Fisheries (Ireland) Act 1842,
or section 115 or 118.
120.
Penalty for using fishing
engine within hundred yards of certain dams.
121.
Penalty for using fishing
engine at or within fifty yards of a mill dam to which there is no fish
pass.
122.
Provisions in relation to
wheel sluices, etc., of mills, etc., deriving water from salmon
rivers.
123.
Gratings in watercourses
diverted from rivers to prevent entry therein of salmon or
trout.
124.
Obligations of owners of
hydraulic machines supplied from salmon rivers.
125.
Penalty for taking fish, etc.
in works or watercourses appurtenant to mills or factories.
Part
IX
RESTRICTIONS AS TO TIMES OF FISHING FOR SALMON, TROUT, POLLEN, AND
EELS, AND ANCILLARY PROVISIONS
Chapter I
Salmon and Trout
126.
Annual close season for salmon
and trout.
127.
Penalties for fishing,
otherwise than by rod and line, for salmon or trout during annual close
season for salmon and trout.
128.
Dismantlement of fixed engines
during the annual close season for salmon and trout.
129.
Dismantlement of salmon
fishing weirs and fishing mill dams during the annual close season for
salmon and trout.
130.
Removal of nets from banks of
rivers during the annual close season for salmon and trout.
131.
Penalty for obstructing or
disturbing salmon or trout during the annual close season for salmon and
trout.
132.
Penalty for use of nets during
annual close season for salmon and trout.
133.
Penalty for using boat for
capture of salmon or trout during the annual close season for salmon and
trout.
(
Repealed
)
134.
Penalties for buying, etc.,
salmon or trout during the annual close season for salmon and
trout.
135.
Prohibition of export of
salmon caught at certain times.
136.
Prohibition of capture, sale,
etc., of trout in January and part of February.
137.
Annual close season for
angling for salmon and penalties for angling for salmon
therein.
138.
Annual close season for
angling for trout and penalties for angling for trout therein.
139.
Weekly close time.
140.
Penalties for fishing,
otherwise than by rod and line, for salmon or trout during the weekly
close time.
141.
Penalty for preventing fish
from passing through boxes during weekly close time.
142.
Provisions in relation to
offences under sections 140 and 141.
143.
Provisions to be observed in
relation to certain fixed engines during the weekly close
time.
144.
Provisions to be observed in
relation to salmon fishing weirs and fishing mill dams during weekly
close time.
145.
Penalty for scaring or
obstructing free passage of salmon or trout during the weekly close
time.
146.
Penalty for use of nets during
weekly close time.
147.
Penalty for using boat for
capture of salmon or trout during the weekly close time.
(
Repealed
)
Chapter II
Pollen
148.
Annual close season for
pollen.
149.
Penalties for fishing for,
etc. pollen during the annual close season for pollen.
150.
Penalties for buying, etc.,
pollen during the annual close season for pollen.
Chapter III
Eels
151.
Annual close season for
eels.
152.
Restrictions on fishing for
eels during annual close season for eels.
153.
Penalty for placing, etc.,
fishing engines for taking eels in eyes, etc., of fishing weir or fishing
mill dam during annual close season for eels or during
daytime.
Part
X
RESTRICTIONS ON SALE AND EXPORT FOR SALE OF SALMON AND
TROUT
154.
Definition.
155.
Exemption of preserved salmon,
trout, eels and molluscan shellfish.
156.
Restrictions on sale, etc. of
salmon, trout, eels and molluscan shellfish.
157.
Restrictions on export for
sale of salmon, trout, eels or molluscan shellfish.
158.
Certificate of fitness to hold
a Part X licence.
159.
Salmon dealer's licence, eel
dealer's licence and molluscan shellfish dealer's licence.
160.
Renewal of Part X
licence.
161.
Termination of Part X
licence.
162.
Publication of Part X
licences.
163.
Registers to be kept by
holders of Part X licences.
163A.
Restriction on purchase of salmon and trout, eels or molluscan shellfish.
Part
XI
MISCELLANEOUS PROVISIONS IN RELATION TO SALMON AND FRESH WATER
FISHERIES
Chapter I
Prohibition of Certain
Methods of fishing for, and of Practices Liable to Destroy Salmon and Other
Fish
164.
Penalty for using deleterious
matter for capture, etc., of fish or having possession of deleterious
matter with intent to use it in capture etc., of fish.
165.
Penalties for using, etc.
light or fire for purpose of taking fish.
166.
Penalty for using etc. certain
instruments for purpose of taking fish.
167.
Penalty for fishing for salmon
or trout in a river by Cross lines.
168.
Penalty for taking salmon or
trout in eel weir.
169.
Penalty for damming, etc.
river or mill race for purpose of taking salmon or trout.
170.
Penalties for taking fish
unlawfully killed or found dead.
Chapter II
Protection of Fishing Waters
from Poisoning and Pollution
171.
Penalty for steeping flax or hemp in waters or throwing, etc., deleterious matter
into Waters.
172.
Protection of waters from pollution.
Chapter III
Protection of Young and
Breeding Fish
173.
Penalty for taking, etc.,
spawn, smolts or fry of salmon, trout or eels.
174.
Penalty for chasing, etc.,
spawning fish.
175.
Penalty for taking, etc.,
undersized pollen.
176.
Penalties for taking, etc.,
unseasonable salmon or trout.
177.
Prohibition of export of
unseasonable salmon.
Chapter IV
Protection of Private
Fisheries
178.
Penalty for unauthorised entry
on several fishery.
179.
Penalty for fishing with nets
in a several fishery without licence of owner.
180.
Penalty for unauthorised
fishing in private ponds.
181.
Penalty for entering without
permission lands for purposes of fishing.
Chapter V
Other Provisions
182.
Penalties for purchasing,
selling, etc., or having in our possession salmon or trout which are
unseasonable or unlawfully captured.
183.
Marking of packages containing
salmon or trout.
PART
XII
TRANSFERS TO THE MINISTER OF CERTAIN FISHERIES AND PROVISIONS IN
RELATION TO FISHERIES SO TRANSFERRED
Chapter I
Definitions and Evidence of
Existence of Several Fisheries in Tidal Waters
184.
Definitions for purposes of
Part XII.
(
Repealed
)
185.
Evidence of existence of
several fisheries in tidal waters.
(
Repealed
)
Chapter II
Transfer to the Minister of
Transferable Fisheries
186.
Transition period in respect
of transferable fisheries.
(
Repealed
)
187.
Right of access to
transferable fisheries.
(
Repealed
)
188.
Survey records of transferable
fisheries.
(
Repealed
)
189.
Obligation of occupiers of
transferable fisheries to furnish accounts to the Minister.
(
Repealed
)
190.
Acquisition of portions of
rivers or lakes contiguous to certain weir (fresh water)
fisheries.
(
Repealed
)
191.
Reservation of angling rights
in transferable fisheries.
(
Repealed
)
192.
Vesting orders.
(
Repealed
)
193.
Registration of title of the
Minister to vested fisheries.
(
Repealed
)
194.
Compensation in respect of
transferable fisheries.
(
Repealed
)
195.
Compensation to employees on
transferable fisheries.
(
Repealed
)
196.
Apportionment of valuations of
transferable fisheries.
(
Repealed
)
197.
Provisions in relation to
orders.
(
Repealed
)
Chapter III
Transfer to the Minister of
certain State Fisheries
198.
Transfer of fisheries to the
Minister by the Commissioners of Public Works.
(
Repealed
)
199.
Transfer of fisheries to the
Minister by the Irish Land Commission.
(
Repealed
)
Chapter IV
Acquisition of Land, etc. by
the Minister for Purposes of the Management, Operation and Protection of Vested
Fisheries
200.
Acquisition of land, etc. by
the Minister.
(
Repealed
)
201.
Payment and ascertainment of
compensation in respect of land, etc.
(
Repealed
)
Chapter V
Operation and Disposal of
Vested Fisheries
202.
Operation of vested fisheries
by the Minister.
(
Repealed
)
203.
Powers of the Minister in
operating a vested fishery.
(
Repealed
)
204.
Sale of land and
business.
(
Repealed
)
205.
Financial provisions.
(
Repealed
)
206.
Accounts, audit and report of
proceedings.
(
Repealed
)
207.
Leases of vested
fisheries.
(
Repealed
)
208.
Returns by lessees.
(
Repealed
)
209.
Reports by the Minister in
relation to leases.
(
Repealed
)
210.
Non-user of vested
fisheries.
(
Repealed
)
211.
Provisions in relation to
unused fisheries.
(
Repealed
)
212.
Re-erection or re-equipment of
unused fisheries.
(
Repealed
)
Chapter VI
Supplementary
Provisions
213.
Right of access to vested
fisheries.
(
Repealed
)
214.
Right of access for exercise
of angling rights.
(
Repealed
)
215.
Liability of Minister for
damage by flooding.
(
Repealed
)
216.
Provisions in relation to
mill-dam fisheries.
(
Repealed
)
217.
Restrictions on Minister's
powers.
218.
Fishing licences in vested
fisheries operated by the Minister.
(
Repealed
)
Part
XIII
SEA FISHERIES
Chapter I
Preliminary
219.
Definitions for purposes of
Part XIII.
(
Repealed
)
220.
Sea Fisheries Protection
Officers.
(
Repealed
)
Chapter II
Provisions Applicable to
Exclusive Fishery Limits of the State
221.
Restrictions on foreign sea
fishing boats entering the exclusive fishery limits of the State.
(
Repealed
)
222.
Provisions in relation to
foreign sea-fishing boats lawfully entering the exclusive fishery limits
of the State.
(
Repealed
)
222A.
Fishing while on board foreign sea-fishing boat within exclusive fishery limits of
State.
(
Repealed
)
222B.
Sea-fishing boat licences.
(
Repealed
)
222C.
Regulations requiring sea-fishing boats to comply with certain conditions.
(
Repealed
)
223.
Prohibition of certain methods
of trawling within the exclusive fishery limits of the State.
(
Repealed
)
223A.
Conservation of fish stocks and rational exploitation of fisheries.
(
Repealed
)
224.
Other offences in relation to
sea-fishing boats within the exclusive fishery limits of the
State.
(
Repealed
)
224A.
Regulations for giving effect to the Convention on the Conduct of Fishing Operations
in the North Atlantic.
(
Repealed
)
224B.
Minister may make regulations to give effect to certain matters relating to European
Communities.
(
Repealed
)
Chapter III
Provisions Applicable to
Undersized Sea-Fish
225.
Undersized sea-fish.
(
Repealed
)
226.
Restriction on carriage of
certain fishing nets on board sea fishing boats.
(
Repealed
)
227.
Restriction on carriage of
devices for obstructing meshes of net.
(
Repealed
)
228.
Prohibition on having in possession for sale on board sea-fishing boats undersized
sea-fish.
(
Repealed
)
229.
Prohibition on landing,
selling, etc., undersized sea-fish.
(
Repealed
)
230.
Provisions in relation to
orders.
(
Repealed
)
231.
Powers of inspection,
examination and detention of sea-fish, etc.
(
Repealed
)
Chapter IV
Ancillary Provisions
Relating to Chapters II and III of Part XIII
232.
Liability of master of boat
for offences under Chapter II of Part XIII.
(
Repealed
)
233.
Special powers of sea
fisheries protection officers for enforcing Chapters II and III of Part
XIII.
(
Repealed
)
233A.
Detention of boats and persons on board for 48 hours where certain offences suspected.
(
Repealed
)
234.
Detention of boat and persons
pending prosecution.
(
Repealed
)
235.
Detention of boat pending
appeal against conviction of offence under Chapter II or III of Part
XIII.
(
Repealed
)
236.
Recovery of fine for offence
under Chapter II or III of Part XIII and of possession of articles
forfeited under the said Chapter II or III.
(
Repealed
)
Chapter V
Other Provisions relating to
Sea Fisheries
237.
Penalty for use on the sea
coast or within estuary of nets covered with canvas, etc.
(
Repealed
)
238.
Provisions in relation to
herring and other nets.
(
Repealed
)
239.
Penalty for use of trawl or
trammel nets in contravention of bye-laws.
(
Repealed
)
240.
Use of beaches, etc., by
fishermen for purposes of sea fishing.
(
Repealed
)
241.
Use by fishermen of land
adjoining fishing places.
(
Repealed
)
242.
Bait beds.
(
Repealed
)
243.
Fishing boats and gear, etc.
picked up at sea to be delivered at nearest Garda Síochána
station.
(
Repealed
)
Part
XIV
OYSTERS
Chapter I
Definitions
244.
Definitions for purposes of
Part X IV.
Chapter II
Oyster Bed Licences
245.
Oyster bed
licences.
246.
Form of oyster bed
licences.
247.
Inquiry into application for
an oyster bed licence.
248.
Notice of granting of licence,
etc.
249.
Effect of oyster bed
licence.
250.
Determination of licences by
certificate of the Minister.
251.
Revocation of oyster bed
licences.
252.
Alteration of oyster bed
licences to give effect to any agreement.
253.
Penalty for injuring licensed
oyster beds.
254.
Effect of oyster bed (1845
Act) and oyster bed (1850 Act) licences.
255.
Penalty for trespass on
licensed oyster bed.
Chapter III
Oyster Fishery
Orders
256.
Power of Minister to make
oyster fishery orders.
257.
Publication of notices of
application.
258.
Objections and representations
respecting proposed oyster fishery (1959 Act) order.
259.
Inquiry into proposed oyster
fishery (1959 Act) order.
260.
Making of oyster fishery (1959
Act) order.
261.
Amendment of oyster fishery
order.
262.
Effect of oyster fishery (1959
Act) order.
263.
Powers of grantees under
oyster fishery order to make regulations for management of oyster
fishery.
264.
Appointment of keepers by
grantees under oyster fishery orders.
265.
Penalty for trespass on or
breach of regulations of oyster fishery.
266.
Determination of oyster
fishery orders.
267.
Oyster fishery order not to
abridge right of several fishery.
268.
Copies of oyster fishery
orders to be kept.
269.
Saving for rights of the
State.
270.
Adaptation of section 9 of the
Shannon Fisheries Act 1938.
Chapter IV
Close Season for
Oysters
271.
Close season for
oysters.
272.
Bye-laws prohibiting the
dredging for, etc., oysters during a particular period.
273.
Penalty for dredging, etc.,
during the close season for oysters or during period specified in
bye-laws made under section 272.
274.
Authority to dredge for
oysters during close season for oysters.
275.
Order permitting taking etc.,
foreign oysters during part of close season for oysters.
Chapter V
Protection of Oyster
Fisheries
276.
Power of persons interested in
oyster beds to appoint water keepers.
Chapter VI
Licences for Fishing for
Oysters
277.
Restrictions on taking
oysters.
278.
Provisions in relation to
oyster fishing licences.
279.
Licence duty on oyster fishing
licences.
280.
Right to issue of oyster
fishing licences.
(
Repealed
)
Part
XV
MOLLUSCS (OTHER THAN OYSTERS)
281.
Extension of sections 245 to
253 to mussel beds, periwinkle beds and cockle beds.
282.
Extension of sections 256 to
269 to mussels.
283.
Close season for molluscs
(other than oysters).
284.
Bye-laws prohibiting the
taking of molluscs (other than oysters) during a specified
period.
Part
XVI
CRABS
285.
Penalty for taking, etc.
certain edible crabs.
285A.
Use of boat or vehicle as aid to commission of offence.
Part
XVII
PENALTIES FOR MISCELLANEOUS OFFENCES
286.
Penalty for three or more
persons using violence, etc., towards persons lawfully prosecuting a
fishery.
287.
Penalty for obstructing
persons lawfully fishing.
288.
Penalty for placing fishing
engine with intent to prevent fish entering nets lawfully set.
289.
Penalty for not having names
of owners painted on fishing boats.
290.
Penalty on persons discharging
ballast in improper places.
291.
Penalty on giving warning to
persons unlawfully fishing.
Part
XVIII
POWERS OF WATER KEEPERS, OFFICERS AND SERVANTS OF BOARDS OF
CONSERVATORS, GARDA SÍOCHÁNA AND OTHER PERSONS FOR THE ENFORCEMENT OF
THIS ACT
292.
Interpretation of Part
XVIII.
293.
Limitations on exercise of
powers conferred on members and officers of boards of
conservators.
294.
Appointment of water keepers
by persons interested in fisheries.
295.
Water keeper's instrument of
appointment sufficient warrant for exercise of powers.
296.
General powers of authorised
persons.
297.
Power of District Justice to
grant warrant to enter certain places.
298.
Boarding and examination of
fishing vessels.
299.
Apprehension of
offenders.
300.
Powers in relation to weirs,
fixed engines, etc.
301.
Powers of inspection,
examination and detention.
302.
Procedure consequent upon
seizure of unlawful fishing engines and lawful fishing engines unlawfully
used.
303.
Persons using fishing engines
to produce licence therefor on demand.
304.
Production of special local
licences.
305.
Persons using trout rods in
scheduled trout waters to produce licence on demand.
(
Repealed
)
306.
Persons using oyster fishing
engines to produce licence therefor on demand.
307.
Inspection of fish
passes.
308.
Penalty for assaulting or
obstructing persons exercising powers under this Part.
Part
XIX
LEGAL PROCEEDINGS, FINES, FORFEITURES, EVIDENCE, INQUIRIES AND
SERVICE OF DOCUMENTS
Legal Proceedings
309.
Trial of offences.
310.
Appeals from the District
Court.
311.
Offences by bodies
corporate.
312.
Prosecution by Minister of
offences under this Act.
(
Repealed
)
313.
Bounds need not be set out in
indictments, etc.
Fines
314.
Disposal of fines.
315.
Payments to Inland Fisheries Ireland in respect of fines for certain offences.
Forfeiture
316.
Non-obligation of Court to
pronounce or record forfeiture where forfeiture falls as a statutory
consequence of conviction.
317.
Disposal of
forfeitures.
318.
Payments to Inland Fisheries Ireland in respects of proceeds of certain forfeitures.
319.
Disposal of proceeds of sale
of fish in pursuance of a direction under section 301 (4).
Evidence
320.
Evidence of amount of expenses
incurred by the Minister.
321.
Proof of bye-laws,
etc.
Inquiries
322.
Notice of holding of
inquiries.
323.
Powers of persons appointed by
the Minister to hold inquiries.
Service of documents
324.
Service of
documents.
Part
XX
MISCELLANEOUS PROVISIONS
325.
Provisions in relation to
Moville Area.
326.
Saving for certain
enactments.
327.
Right of owner to take
materials from streams.
328.
Agents for fishery
owners.
Part XXI
TRANSITORY PROVISIONS
329.
Continuance in office of
existing conservators for electoral division.
330.
Continuance of existing
officers and servants.
331.
Continuance of existing
authorisations.
332.
Fishery rates struck under
repealed enactments.
333.
Continuance of existing
licences and certificates.
334.
Continuance of existing
by-laws, orders and regulations.
335.
Amendment of certain bye-laws
made under repealed enactments providing for forfeiture.
FIRST SCHEDULE
Enactments Repealed
SECOND SCHEDULE
Fishery Districts, Electoral Divisions and Number of Conservators for Each Electoral
Division
THIRD SCHEDULE
Accounts of Boards of
Conservators
(
Repealed
)
FOURTH SCHEDULE
Scale of ordinary licence
duties
FIFTH SCHEDULE
Bye-laws fixing close season
for molluscs (other than oysters)
Bye-Laws Altering Annual Close Seasons for Salmon and Trout, Pollen and Eels, Close
Season for Oysters, and Molluscs (Other Than Oysters), And Bye-Laws Under Sections
272 and 284
SIXTH SCHEDULE
Form of appointment of water
keeper under section 294
Number
14
of
1959