In short
This law amends and extends the Fisheries Act, 1939, primarily by changing how certain sections of that earlier Act apply to different types of fish and by updating regulations regarding substances harmful to fish.
What it regulates
- The types of fish covered by certain sections of the Fisheries Act, 1939.
- The use of harmful substances or explosives to injure or destroy fish.
- The disposal of flax, hemp, lime, or spurge into rivers or lakes.
- The disposal of other deleterious or poisonous matter into rivers or lakes, potentially allowing for licensed exceptions.
Who it concerns
- Any person who uses harmful substances or explosives to injure or destroy fish.
- Any person who disposes of flax, hemp, lime, spurge, or other deleterious or poisonous matter into rivers or lakes.
Key points
- The term "salmon, or trout" in section 23(1) of the Principal Act is replaced with "salmon or other fish."
- Using lime, spurge, narcotic, irritant, poisonous substances, or explosives to injure or destroy fish in any river, lake, estuary, or part of the sea is an offence, punishable by a fine not exceeding twenty-five pounds or imprisonment not exceeding twelve months.
- Steeping flax or hemp, or throwing/emptying lime or spurge into any river or lake is an offence, punishable by a fine not exceeding ten pounds or imprisonment not exceeding six months.
- Throwing or emptying other deleterious or poisonous matter into any river or lake is an offence, punishable by a fine not exceeding ten pounds or imprisonment not exceeding six months, unless done under a license granted by the Minister.
đ Legal text
Fisheries (Amendment) Act, 1944
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1944
Fisheries (Amendment) Act, 1944
Fisheries (Amendment) Act, 1944
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Number 6 of 1944.
FISHERIES (AMENDMENT) ACT, 1944.
ARRANGEMENT OF SECTIONS
Section
1.
The Principal Act.
2.
Amendment of section 23 of the Principal Act.
3.
Amendment of section 26 of the Principal Act.
4.
Short title and collective citation.
Act Referred to
Fisheries Act, 1939
No. 17 of 1939
Number 6 of 1944.
FISHERIES (AMENDMENT) ACT, 1944.
AN ACT TO AMEND AND EXTEND THE
FISHERIES ACT, 1939
. [16th March, 1944.]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:â
The Principal Act.
1.âIn this Act, the expression âthe Principal Actâ means the
Fisheries Act, 1939
(No. 17 of 1939).
Amendment of section 23 of the Principal Act.
2.âSub-section (1) of
section 23
of the Principal Act is hereby amended by the substitution of the words âsalmon or other fishâ, for the words âsalmon, or troutâ.
Amendment of section 26 of the Principal Act.
3.âThe Principal Act shall have effect as if the following section were substituted for
section 26
, that is to sayâ
â26.â(1) Any person who uses lime, spurge, or any narcotic, irritant or poisonous substance, or any explosive, for the purpose of injury to or destruction of fish in any river, lake or estuary, whether the same be a public or a private fishery, or in any part of the sea shall be guilty of an offence under this sub-section and 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 twelve months.
(2) Any person whoâ
(a) steeps in any river or lake any flax or hemp, or
(b) throws, empties, or causes to run or flow into any river or lake any lime or spurge,
shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds or, at the discretion of the Court, to imprisonment for any term not exceeding six months.
(3) Any person who throws, empties, or causes to run or flow into any river or lake any deleterious or poisonous matter (other than flax, hemp, lime or spurge) shall, unless such act is done under and in accordance with a licence granted by the Minister under sub-section (4) of this section, be guilty, of an offence under this sub-section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds or, at the discretion of the Court, to imprisonment for any term not exceeding six months.
(4) The Minister, after consultation with the Minister for Industry and Commerce, may grant licences for the purposes of sub-section (3) of this section and may attach to any licence so granted such conditions as he thinks fit and may after the like consultation revoke any such licence.â
Short title and collective citation.
4.â(1) This Act may be cited as the Fisheries (Amendment) Act, 1944.
(2) The Fisheries Acts, 1842 to 1939 and this Act may be cited together as the Fisheries Acts, 1842 to 1944.
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