Fisheries (Statute Law Revision) Act, 1956
Acts of the Oireachtas
Source: Acts of the Oireachtas

num: 1
paragraphs: —(1) In this Act—
the expression “the Acts” means the Fisheries Acts, 1842 to 1953;
the expression “the Act of 1925” means the Fisheries Act, 1925 (No. 32 of 1925);
the expression “the Act of 1933” means the Sea Fisheries Protection Act, 1933 (No. 53 of 1933);
the expression “the Act of 1935” means the Shannon Fisheries Act, 1935 (No. 4 of 1935);
the expression “the Act of 1937” means the Sea Fisheries (Protection of Immature Fish) Act, 1937 (No. 33 of 1937);
the expression “the Act of 1939” means the Fisheries Act, 1939 (No. 17 of 1939);
the expression “the Act of 1945” means the Electricity (Supply) (Amendment) Act, 1945 (No. 12 of 1945);
the expression “the Act of 1953” means the Fisheries (Amendment) Act, 1953 (No. 16 of 1953);
the expression “District Justice” means a Justice of the District Court;
the expression “the Minister” means the Minister for Agriculture.
(2) In this Act, references to any enactment shall be construed as references to that enactment as amended by any subsequent enactment, including this Act.
(3) This Act shall be construed as one with the Acts.
num: 2
paragraphs: —(1) In the Acts and this Act—
the expression “deleterious matter” means any substance (including an explosive) which, on entry or discharge into any waters, is liable to render the waters poisonous or injurious to fish, spawning grounds or the food of any fish;
the expression “officer of the Minister” includes a servant of the Minister;
the expression “unseasonable salmon or trout” means any salmon or trout which is about to spawn, or which has spawned and has not recovered from spawning;
the word “waters” means any river, lake, watercourse, estuary or any part of the sea.
(2) In section 35 of the Act of 1939 and section 2 of the Act of 1953, the word “lake” means a freshwater lake.
num: 3
paragraphs: —(1) Subject to an order under section 4 of this Act, each area mentioned in column (4) of the First Schedule to this Act at any reference number shall be a fishery district for the purposes of the Acts and this Act and shall be known by the number and name mentioned in columns (2) and (3) respectively of the said Schedule at that reference number.
num: 4
paragraphs: —(1) The Minister may from time to time by order do any one or more of the following things—
(a) create (by union, subdivision or otherwise) new fishery districts,
(b) create (by union, subdivision or otherwise) new electoral divisions,
(c) appoint the number of conservators (which shall not be more than nine or less than three) to be elected for any new electoral division created under this section.
(2) Whenever the Minister creates a new electoral division by an order under this section he may either—
(a) provide by the order for the election of persons to act as conservators for such electoral division until the next triennial election, or
(b) nominate persons to act as conservators for such electoral division until the next triennial election.
(3) Whenever the Minister by an order made under this section creates a new fishery district, he shall by such order appoint the boundaries of such fishery district and shall annex to such order a suitable map showing such boundaries.
(4) Whenever the Minister by an order made under this section creates a new fishery district, he may, by the same order or by a subsequent order, direct that all or any specified part of the moneys and other assets which at the date of the order belong to the board of conservators of any fishery district affected by the order shall, subject to the liabilities of such board, be disposed of in such manner as the Minister thinks proper to direct and specify in such order, and when any such order is made the moneys and other assets to which it relates shall, subject to the said liabilities, be disposed of accordingly.
(5) Whenever the Minister by order made under this section creates a new fishery district, he may by the same order or a subsequent order provide for the holding of the first meeting of the board of conservators for such new fishery district.
(6) Every order made by the Minister under this section shall, as soon as may be after it is made, be published (without the map (if any) annexed thereto but with a statement of where such map (if any) may be inspected) in the Iris OifigiÃºil and in one or more newspapers circulating in the fishery districts affected by the order, and a copy of such order and of the map (if any) annexed thereto shall be deposited with the County Registrar for every county and the District Court Clerk of every district which, or any part of which, is affected by the order, and in every station of the Garda SÃ­ochÃ¡na within the fishery districts affected by the order.
num: 5
paragraphs: —(1) Subject to an order under subsection (2) of this section, the number of conservators for each electoral division, the name whereof is mentioned in column (5) of the First Schedule to this Act shall be the number set out in column (7) of the said Schedule opposite the mention of that electoral division.
(2) (a) The Minister may, whenever and so often as he thinks proper, by order alter the number of conservators for any electoral division, but the number of such conservators shall not by any such order be increased to more than nine or reduced to less than three.
(b) Every order made under this subsection in respect of an electoral division shall come into operation at the triennial election of conservators for that electoral division held next after the date of the order.
(c) This subsection shall not apply to the two tidal electoral divisions of the No. 8 or Limerick Fishery District.
num: 6
paragraphs: —(1) (a) The following subsection shall be substituted for subsection (1) of section 13 of the Act of 1925—
“(1) Every board of conservators shall on or before the 31st day of December in every fishery year to which this section applies strike on all fisheries within its fishery district (which appear in the revised Valuation Lists required under the Valuation Acts to be issued by the Commissioner of Valuation by the 1st day of March immediately preceding the commencement of that fishery year and are not distinguished therein by the Commissioner of Valuation pursuant to section 2 of the Valuation (Ireland) Act, 1854) a rate of such amount per cent. of their valuations as will, with the estimated amount of other income, be sufficient to meet the estimated amount of the board's expenditure for that fishery year.”
(b) Paragraph (a) of this subsection shall be deemed to have come into operation on the commencement of section 13 of the Act of 1925.
(2) The following new subsection shall be inserted in section 13 of the Act of 1925—
“(4A) Where in any fishery year a board of conservators strike a rate under subsection (1) of this section or the Minister, by reason of the failure of the board of conservators to strike the rate, strikes a rate under subsection (4) of this section for the fishery district of the board of conservators, the board of conservators or the Minister may make such departure, not affecting value, from the particulars, relating to a fishery in that fishery district, contained in the revised Valuation Lists required under the Valuation Acts to be issued by the Commissioner of Valuation by the 1st day of March immediately preceding the commencement of that fishery year, as may be necessary, at the time of making the rate, to enable the board of conservators or the Minister to make a valid rating.”
(3) In subsection (5) of section 13 of the Act of 1925—
(a) the words “Every rate struck under this section” shall be substituted for the words “Every rate made under this section and every rate struck by the Minister under this section”;
(b) the word “August” shall be substituted for the word “September”.
num: 7
paragraphs: —(1) Where in any fishery year a board of conservators strike a rate under section 13 of the Act of 1925 or the Minister, by reason of the failure of the board of conservators to strike the rate, strikes a rate under that section for the fishery district of the board of conservators, the board of conservators or the Minister shall make the rate according to the valuations appearing in the revised Valuation List required under the Valuation Acts to be issued by the Commissioner of Valuation by the 1st day of March immediately preceding the commencement of that fishery year, and the board of conservators may levy, collect and recover any sum due on account of any rate so made, notwithstanding any pending appeal or notice of appeal under the Valuation Acts with respect to valuation but where the valuation of any fishery is altered on appeal, the board of conservators—
(a) shall, if the valuation is decreased, repay any sum paid in respect of the rate in excess of the sum which would have been payable if the valuation had originally stood as altered on appeal, and
(b) may, if the valuation is increased, recover as arrears of the rate, an amount equal to the difference between the sum payable in respect of the rate as made and the sum which would have been payable in respect of the rate if the valuation had originally stood as altered on appeal.
(2) Subsection (1) of this section shall be deemed to have come into operation on the commencement of section 13 of the Act of 1925.
num: 8
paragraphs: —(1) Where a fishery rate on a fishery has been struck (whether before or after the passing of this Act) under section 13 of the Act of 1925 in a particular fishery year, the board of conservators in whose fishery district the fishery is situate may, but not later than the expiration of the next following fishery year, make such amendments in the rate as are necessary to correct occupiers' names, misdescriptions and clerical, arithmetical and other errors therein.
(2) Whenever a board of conservators propose to make an amendment of a rate on a fishery under this section—
(a) the board of conservators shall serve by post notice of the proposed amendment on any person who is the occupier of the fishery,
(b) the notice shall contain an intimation that written objections to the proposed amendment may be sent to the board of conservators within seven days after the posting of the notice,
(c) before making the proposed amendment, the board of conservators shall consider the objections (if any) received as the result of the notice.
(3) A board of conservators shall make such refunds or give such credits (as the case may require) in respect of fishery rate and shall be entitled to make such recoveries of fishery rates as may be from time to time appropriate in consequence of any amendment under this section.
num: 9
paragraphs: —In subsection (6) of section 95 of the Act of 1939, the word “August” shall be substituted for the word “September”.
num: 10
paragraphs: —In section 24 of the Act of 1935, the words “tidal portion of the River Shannon” shall be substituted for the words “tidal waters of the River Shannon within the meaning of those Acts”.
num: 11
paragraphs: —(1) In this section, the expression “tidal portion of a river to which this section applies” means—
(a) the tidal portion of the River Shannon,
(b) the tidal portion of any river in which the Electricity Supply Board has acquired a fishery or a fishing right under Part III of the Act of 1945 (No. 12 of 1945).
(2) The Minister may, if he so thinks proper, do, in respect of the tidal portion of a river to which this section applies, the following things—
(a) make regulations prescribing the maximum number (which shall not, in case that river is the River Shannon, exceed seventy) of licences for fishing with drift nets therein which may be issued in any year in which the open season for such fishing begins after the date of such regulations;
(b) make regulations prescribing the maximum number (which shall not, in case that river is the River Shannon, exceed twenty-five) of licences for fishing with draft nets therein which may be issued in any year in which the open season for such fishing begins after the date of such regulations;
(c) make regulations in relation to the issue of such licences as are mentioned in either paragraph (a) or (b) of this subsection with a view to securing to persons who held such drift net licences or draft net licences (as the case may be) in the year before the date of the regulations under paragraph (a) or (b) of this subsection a preferential right to purchase such drift net licences or draft net licences (as the case may be) before the commencement of any open season for fishing under such licences in respect of which the number of such licences is limited by the last-mentioned regulations.
(3) Whenever the Minister makes under this section regulations prescribing the maximum number of licences of any particular kind which may be issued in respect of the tidal portion of any particular river in any particular open season, the number of such licences issued in respect of such tidal portion in any such open season shall not exceed the maximum number so prescribed.
(4) Where a person is convicted of an offence under the Acts or this Act, such person shall not be entitled to any preferential right to obtain a licence under this section.
(5) Unless and until regulations are made under subsection (2) of this section in relation to the tidal portion of the River Shannon, the provisions of subsection (1) of section 23 (repealed by this Act) of the Act of 1935, shall, notwithstanding such repeal, continue in force and shall, for the purposes of this section, be deemed to have been made by regulations under paragraphs (a) and (b) of subsection (2) of this section.
(6) The River Shannon Tidal Waters (Issue of Fishing Licences) Regulations, 1935 (S. R. & O. No. 664 of 1935), made under subsection (2) of section 23 (repealed by this Act) of the Act of 1935 shall, notwithstanding such repeal, continue in force and be deemed to have been made under paragraph (c) of subsection (2) of this section.
num: 12
paragraphs: —(1) If any person has in his possession or control in any waters or on or near the bank of any waters—
(a) any net, the use of which in such waters for the purpose of taking fish is prohibited by any provision (other than section 35 of the Act of 1939) of the Acts or by any bye-law made thereunder, or
(b) any instrument (other than a net) or lure or bait, the use of which in such waters for the purpose of taking fish is prohibited by any provision of the Acts or by any bye-law made thereunder,
such person shall be guilty of an offence under this subsection.
(2) If any person has in his possession or control in, or in the vicinity of, a freshwater lake or the freshwater portion of any river any net constructed or mounted so as to be capable of being used for the capture of fish with intent to use it in contravention of section 35 of the Act of 1939, such person shall be guilty of an offence under this subsection.
(3) Any person guilty of an offence under subsection (1) or (2) of this section shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds or, at the discretion of the Court, to imprisonment for any term not exceeding six months.
(4) Where a person is convicted of an offence under subsection (1) or (2) of this section, the net, other instrument, lure or bait in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.
(5) Where—
(a) a person is charged with an offence under subsection (2) of this section in relation to the possession or control of a net, and
(b) it is proved that he was found in possession or control of such net in, or in the vicinity of, a freshwater lake or the freshwater portion of any river,
it shall be presumed that he had the possession or control of such net with intent to use it in such freshwater lake or the freshwater portion of such river in contravention of section 35 of the Act of 1939, unless and until he satisfies the Court that, at the time the offence is alleged to have been committed,—
(i) he intended and was entitled to use such net in a manner which comes within one of the matters of exception mentioned, in relation to a net of a similar kind, in subsection (1) of section 35 of the Act of 1939, or, if such net is a draft net, in a manner which is permitted by bye-laws made under section 2 of the Act of 1953, or
(ii) if he was found in possession or control of such net in the vicinity of the boundary between the tidal and freshwater portions of such river, he was the holder of a licence to use such net in the fishery district in which such river is situate and intended and was entitled to use such net in the tidal portion of such river.
num: 13
paragraphs: —The Minister may revoke the grant of an exemption made under section 4 of the Salmon Fishery (Ireland) Act, 1869.
num: 14
paragraphs: —(1) This section applies to any river in which the Electricity Supply Board owns a fishery or a fishing right.
(2) In the Acts, the expression “the weekly close time” in relation to any river to which this section applies means, subject to subsection (3) of this section, the period commencing at 6 o'clock a.m. on Saturday and ending at 6 o'clock a.m. on the next following Monday.
(3) The Minister may by regulations vary as he thinks proper the weekly close time fixed by subsection (2) of this section in respect of any river to which this section applies, but shall not by any such regulations increase the said weekly close time to more than seventy-two hours nor reduce it to less than forty-eight hours.
num: 15
paragraphs: —(1) If any person takes, kills or destroys any unseasonable salmon or trout, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds and an additional fine not exceeding two pounds for each such salmon or trout taken killed or destroyed by him or, at the discretion of the Court, to imprisonment for any term not exceeding six months.
(2) Where a person is convicted of an offence under this section, any salmon or trout in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.
(3) Where a person is charged with taking a salmon or trout in contravention of this section it shall be a good defence to prove thatsuch salmon or trout was taken accidentally, and was returned without avoidable injury to the water immediately upon being taken.
num: 16
paragraphs: —(1) (a) If any person purchases, sells, exposes for sale, keeps for sale or has in his possession or control any unseasonable salmon or trout, such person shall be guilty of an offence under this subsection.
(b) Where a person, being a common carrier is charged under this subsection with the offence of having in his possession or control any unseasonable salmon or trout, it shall be a good defence to such charge to prove that he had such salmon or trout in his possession as a common carrier and not otherwise.
(2) (a) If any person purchases, sells, exposes for sale, keeps for sale or has in his possession or control any salmon or trout unlawfully captured, such person shall be guilty of an offence under this subsection.
(b) In any proceedings under this subsection against a person, the onus of proving that the salmon or trout, the subject of such proceedings, was lawfully captured shall lie on such person.
(c) Where a person being a common carrier, is charged under this subsection with the offence of having in his possession or control any salmon or trout unlawfully captured, it shall be a good defence to such charge for such person to prove—
(i) that he had such salmon or trout in his possession or control as a common carrier and not otherwise, and
(ii) that at the time when such salmon or trout was accepted by him for carriage, the consignor thereof delivered to him a certificate in such form as the Minister may from time to time direct signed by such consignor or by a person authorised by him in that behalf to the effect that such salmon or trout was lawfully captured.
(d) Where—
(i) a person is charged with an offence under this subsection in relation to a salmon, and
(ii) he proves that the salmon was captured by rod and line at a particular place during a period other than the annual close season for angling for salmon at that place, and
(iii) he proves that the salmon was captured by the holder of a licence to fish with rod and line for salmon, and
(iv) he proves that otherwise the salmon was lawfully captured,
the charge against that person shall be dismissed.
(e) Where—
(i) a person is charged with an offence under this subsection in relation to a trout, and
(ii) he proves that the trout was captured by rod and line at a particular place during a period other than the annual close season for angling for trout at that place, and
(iii) if the capture of the trout was prohibited save in accordance with a licence to fish with rod and line for trout, he proves that the trout was captured by the holder of such a licence, and
(iv) he proves that otherwise the trout was lawfully captured,
the charge against him shall be dismissed.
(f) Where—
(i) a person is charged with the offence under this subsection of purchasing or having in his possession or control any salmon or trout unlawfully captured, and
(ii) he proves that the salmon or trout was purchased by him from the holder of a licence (whether original or renewed) for the sale of salmon and trout issued under section 17 of the Act of 1925 and in force at the date of purchase and was so purchased at a place specified in the licence,
the charge against that person shall be dismissed,
(3) If any person in a certificate signed by him and delivered to a common carrier under subparagraph (ii) of paragraph (c) of subsection (2) of this section makes any statement which is false, he shall be guilty of an offence under this subsection.
(4) Every person guilty of an offence under subsection (1), (2) or (3) of this section shall be liable on summary conviction thereof to a fine not exceeding twenty five pounds, together with an additional fine not exceeding two pounds for each salmon or trout in respect of which the offence was committed or, at the discretion of the Court, to imprisonment for any term not exceeding six months.
(5) Where a person is convicted of an offence under subsection (1) or (2) of this section, any salmon or trout in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.
num: 17
paragraphs: —(1) In subsection (2) of section 12 of the Act of 1933, the words “the estimated value of forfeitures (if any)” shall be inserted before the words “and the costs of the prosecutor”.
(2) In subsection (2) of section 8 of the Act of 1937, the reference to section 12 of the Act of 1933 shall be construed as a reference to that section as amended by subsection (1) of this section.
num: 18
paragraphs: —(1) Where—
(a) any article on board a boat is ordered, under the Act of 1933, by a court to be forfeited or, as a statutory consequence of a conviction by a court, stands, under the Act of 1933 or the Act of 1937, forfeited, and
(b) the boat is detained under the Act of 1933 or the Act of 1937,
the Court may, on the application of the prosecutor, by order directed to a sea-fisheries protection officer authorise such officer to detain the boat until possession has been taken of the article forfeited and such boat may be detained accordingly.
(2) (a) In this subsection the word “master” in relation to a boat means any person having command or charge of the boat.
(b) Where an article on board a boat is forfeited under the Act of 1933 or the Act of 1937, a sea-fisheries protection officer may request the master of the boat to make available such facilities (including the moving of the boat from place to place and the doing of things upon, to or with the boat, its equipment or machinery) as such sea-fisheries protection officer may reasonably require for the purpose of enabling him to take possession of the article.
(c) Where the master of a boat fails or refuses to comply with a request made to him under paragraph (b) of this subsection, he shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds.
(3) If any person wilfully impedes or obstructs a sea-fisheries protection officer while the latter is engaged in taking possession of any article forfeited under the Act of 1933 or the Act of 1937, that person shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds or, at the discretion of the Court, to imprisonment for any term not exceeding three months.
num: 19
paragraphs: —(1) In this section the expression “the Act of 1898” means the Mussels, Periwinkles and Cockles (Ireland) Act, 1898.
(2) Sections 1, 2 and 3 of the Act of 1898 shall extend to all molluscs (except oysters).
(3) For the purposes of giving full effect to subsection (2) of this section—
(a) in section 1 of the Act of 1898, the words “the mollusc (other than oyster) fisheries” shall be substituted for the words “the mussel, periwinkle and cockle fisheries”;
(b) in sections 2 and 3 of the Act of 1898, the words “molluscs (other than oysters) of the kind specified in the bye-law” shall be substituted for the words “mussels, periwinkles or cockles”, where the latter words occur.
num: 20
paragraphs: —(1) The following paragraph shall be substituted for paragraph (a) of subsection (1) of section 24 of the Act of 1925—
“(a) to stop and search any person conveying or suspected to be conveying fish of any kind or any instrument or substance used or adapted for taking fish unlawfully, and to inspect any fish, instrument or substance which such person is found to be conveying and for that purpose to open and search any vehicle or package in which any fish, instrument or substance is or may be or is believed to be conveyed;”
(2) The following subsections shall be substituted for subsections (3) and (4) of section 24 of the Act of 1925—
“(3) Where—
(a) an authorised officer detains in his custody under this section any fish, and
(b) such fish is likely to become unfit for human food before the matter can conveniently be dealt with by any Court,
he shall produce such fish to a Peace Commissioner and thereupon the following provisions shall apply—
(i) if the Peace Commissioner is of opinion that such fish ought to be destroyed, he shall direct such authorised officer to destroy such fish, and such fish shall be destroyed accordingly,
(ii) if the Peace Commissioner is not of that opinion, he shall direct such authorised officer to sell such fish, and such fish shall be sold accordingly.
(4) A direction by a Peace Commissioner under subsection (3) of this section directing an authorised officer to destroy or sell fish shall—
(a) be in writing,
(b) be in such form as the Minister may direct,
(c) describe such fish and any marks, peculiarities or other particulars thereof pointed out to that Peace Commissioner by such authorised officer,
(d) be conclusive evidence in every Court of the matters of fact stated therein.”
num: 21
paragraphs: —Where an offence under the Acts or this Act has been, or is alleged to have been committed in or upon any waters forming the boundary between two or more Districts established for the purposes of the District Court, then, notwithstanding section 79 of the Courts of Justice Act, 1924 (No. 10 of 1924), proceedings in respect of the offence may be brought, heard and determined before and by a District Justice for the time being assigned to any one of the said Districts and such offence may be alleged and stated in an information or summons to have been committed in the District where it is proposed to bring the proceedings.
num: 22
paragraphs: —(1) Where any fish are sold in pursuance of a direction under subsection (3) of section 24 of the Act of 1925, the following provisions shall have effect—
(a) in case—
(i) proceedings are duly instituted against any person charging him with an offence under the Acts in relation to such fish, and
(ii) such person is convicted of the offence, and
(iii) such fish would, but for the sale thereof, as a statutory consequence of such conviction stand forfeited,
the net proceeds of such sale shall be paid into, or disposed of for, the benefit of the Exchequer in such manner as the Minister for Finance shall direct;
(b) in any other case, the said net proceeds shall on demand be paid to the owner of such fish;
(c) where the said net proceeds are to be dealt with in accordance with paragraph (a) of this subsection—
(i) in case it appears to the Minister that a member of the Garda SÃ­ochÃ¡na detained such fish under section 24 of the Act of 1925, there shall be paid—
(I) to the board of conservators of the fishery district in which the offence was committed a sum equal to two-thirds of the said net proceeds, and
(II) into the Garda SÃ­ochÃ¡na Reward Fund a sum equal to one-third of the said net proceeds,
(ii) in any other case, there shall be paid to the said board of conservators a sum equal to the said net proceeds.
(2) All moneys payable under paragraph (c) of subsection (1) of this section shall be paid by the Minister out of moneys provided by the Oireachtas at such times as he thinks fit.
num: 23
paragraphs: —For the avoidance of doubts it is hereby declared that any fishery within the Moville Area, as defined by subsection (1) of section 2 of the Foyle Fisheries Act, 1952 (No. 5 of 1952), which under section 8 of the said Act became vested in the Minister and the Ministry of Commerce for Northern Ireland shall be deemed not to be State land for the purposes of Part II of the State Property Act, 1954 (No. 25 of 1954).
num: 24
paragraphs: —Any order made under section 19 (repealed by this Act) of the Act of 1935, which is in force immediately before the passing of this Act shall, notwithstanding such repeal, continue in force and be deemed to have been made under section 3 of the Act of 1953.
num: 25
paragraphs: —The enactments specified in the Second Schedule to this Act are hereby repealed to the extent specified in column (3) of the said Schedule.
num: 26
paragraphs: —(1) This Act may be cited as the Fisheries (Statute Law Revision) Act, 1956.
(2) The Acts and this Act may be cited together as the Fisheries Acts, 1842 to 1956.