Fisheries Act, 1980

Fisheries Act, 1980 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1980 Fisheries Act, 1980 Fisheries Act, 1980 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 1 of 1980 FISHERIES ACT, 1980 ARRANGEMENT OF SECTIONS PART I Preliminary and General Section 1. Short title, collective citation and construction. 2. Interpretation. 3. Appointed day. 4. Fishery year. 5. Orders. 6. Repeals. PART II Central Fisheries Board and Regional Fisheries Boards CHAPTER I Central Fisheries Board 7. Central Fisheries Board. 8. Functions of Central Board. 9. Transfer of certain properties of boards of conservators to Central Board. CHAPTER II Fisheries Regions and Regional Boards 10. Fisheries regions and regional boards. 11. Functions of and other provisions relating to regional boards. 12. Election of members of regional boards. 13. Electorate for election of elected members of regional boards. 14. Qualification for elected members of regional boards. 15. Postponement of elections of members of regional boards. 16. Failure to elect elected members of regional board. 17. Disqualification of member of regional board by non-attendance at meetings. Chapter III Fishery Improvement 18. Powers of Central Board and regional boards in relation to improvement of fisheries. Chapter IV Miscellaneous Provisions Relating to Central Board and Regional Boards Division I Reports, Finance, etc. 19. Annual reports and information to Minister. 20. Estimates. 21. Grants to Central Board and regional boards. 22. Accounts and audits. 23. Borrowings. Division II Removal of Members 24. Removal of members of Central Board or a regional board. Division III Staff 25. Staffs of Central Board and regional boards. 26. Instruments of appointment for purposes of Part XVIII of Principal Act. 27. Certain offices etc. to be filled through Local Appointments Commission. 28. First appointment of chief officer of Central Board or regional board. 29. Transfer of staff to Central Board, etc. 30. Transfer of staff to regional boards, etc. 31. Superannuation of transferred staff. 32. Staff schemes. 33. Staff superannuation generally. Chapter V Dissolution of Boards of Conservators and Inland Fisheries Trust 34. Boards of conservators dissolved and certain appointments terminated. 35. Dissolution of Trust and transfer of its property, etc. 36. Saver regarding certain rights of ordinary subscribing members of Trust. PART III Acquisition and Transfer of Fisheries, etc. 37. Acquisition of fisheries, etc. 38. Acquisition of portions of rivers or lakes contiguous to certain weir (freshwater) fisheries. 39. Right of way (acquisition). 40. Transfer of fisheries to Minister or Central Board by Commissioners. 41. Transfer of fisheries to Minister or Central Board by Irish Land Commission. 42. Transfer of certain fisheries to Central Board by Minister. 43. Compensation. 44. Arbitrator. 45. Sale by Minister of certain fisheries, fishing rights and businesses. PART IV Legal Proceedings, Penalties, etc. 46. Certain offences may be tried on indictment. 47. Jurisdiction. 48. Proof that boat is foreign sea-fishing boat. 49. Trial of offences. 50. Alteration of certain penalties under Principal Act or Act of 1962. 51. Forfeiture of licences and consequential disqualification orders. 52. Payment of certain fines as compensation; delivery of oysters or other fish. 53. Power of authorised officer to take boat to port, etc. PART V Aquaculture and Salmon Levy 54. Aquaculture. 55. Salmon levy. PART VI Miscellaneous 56. Prohibition of sale of certain fish. 57. Prohibition of sale of certain nets or netting. 58. Register of Trout, Coarse Fish and Sea Anglers. 59. Certain rights to fish given to former life members of Trust and to persons on Register of Trout, Coarse Fish and Sea Anglers. 60. Powers of Minister in operating a fishery. 61. Liability of Minister or Central Board for damage by flooding. 62. Section 12 of Finance Act, 1895, restricted. 63. Amendment of section 15 of Principal Act. 64. Amendment of section 20 of Principal Act. 65. Amendment of section 50 of Principal Act. 66. Amendment of section 65 of Principal Act. 67. Amendment of section 67 of Principal Act. 68. Amendment of Chapter III of Part VI of Principal Act. 69. Amendment of sections 159 and 160 of Principal Act, section 42 of Finance Act, 1925, and section 12 of Finance Act, 1940. 70. Amendment of Part XIV of Principal Act. 71. Amendment of section 297 of Principal Act. 72. Amendment of section 312 of Principal Act. 73. Amendment of section 19 of Act of 1962. 74. Amendment of section 59 of Foyle Fisheries Act, 1952. 75. Amendment of sections 2 and 19 of Fisheries (Amendment) Act, 1978. 76. Section 278 of Principal Act, in so far as it applies to Moville Area, and section 10 (1) of Foyle Fisheries (Amendment) Act, 1961, saved. FIRST SCHEDULE Repeals SECOND SCHEDULE PART I Central Fisheries Board PART II Regional Fisheries Boards PART III Interpretation (Second Schedule) THIRD SCHEDULE Properties Transferred to the Central Board by Section 9 FOURTH SCHEDULE Amendment of Enactments FIFTH SCHEDULE Provisions Referred to in Sections 37, 38 and 39 Number 1 of 1980 FISHERIES ACT, 1980 AN ACT TO ESTABLISH A BODY TO BE KNOWN AS THE CENTRAL FISHERIES BOARD AND TO DEFINE ITS FUNCTIONS, TO ENABLE REGIONAL FISHERIES BOARDS TO BE ESTABLISHED AND TO DEFINE THEIR FUNCTIONS, TO DISSOLVE IONTAOBHAS IASCAIGH INTÍRE IONCORPORTHA (THE INLAND FISHERIES TRUST INCORPORATED) AND CERTAIN BOARDS OF CONSERVATORS ESTABLISHED BY THE FISHERIES (CONSOLIDATION) ACT, 1959 , TO AMEND SECTION 59 OF THE FOYLE FISHERIES ACT, 1952 , TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE FOREGOING AND OTHERWISE TO AMEND AND EXTEND THE FISHERIES ACTS, 1959 TO 1978. [18th March, 1980] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: PART I Preliminary and General Short title, collective citation and construction. 1.—(1) This Act may be cited as the Fisheries Act, 1980. (2) The Fisheries Acts, 1959 to 1978 and this Act may be cited together as the Fisheries Acts, 1959 to 1980. (3) The Fisheries Acts, 1959 to 1976, the Fisheries (Amendment) Act, 1978 , and this Act shall be construed together as one. Interpretation. 2.—(1) In this Act— “the Act of 1962” means the Fisheries (Amendment) Act, 1962 ; “the Act of 1977” means the European Assembly Elections Act, 1977 ; “the appointed day” means the day appointed by the Minister under section 3; “the arbitrator” has the meaning assigned to it by section 44 (2); “board”, except in Part II of the Second Schedule or where the context otherwise requires, means the Central Board or a regional board; “the Central Board” has the meaning assigned to it by section 7 (1); “the Central Board's transferred staff” has the meaning assigned to it by section 29 (1); “the Commissioners”, except in sections 27 and 28, means the Commissioners of Public Works in Ireland; “easement” includes a profit à prendre and any right in or over water; “election year”, subject to section 15 (2), means the year fixed by the Minister under section 12 (5) and every fifth successive year thereafter; “the European Communities” means the European Economic Community, the European Coal and Steel Community and the European Atomic Energy Community; “fisheries region” has the meaning assigned to it by section 10; “functions” includes powers and duties; “the Principal Act” means the Fisheries (Consolidation) Act, 1959 ; “the proposed servient tenement” means the land over which the route of a way-leave or right of way shown on a plan referred to in section 37 (3) or section 39 (2) passes; “Register of Trout, Coarse Fish and Sea Anglers” has the meaning assigned to it by section 58 (1); “the required right of way” has the meaning assigned to it by section 39 (1); “regional board” has the meaning assigned to it by section 10 (3); “the regional board's transferred staff” has the meaning assigned to it by section 30 (1); “the Salmon Conservancy Fund” means the fund described in section 49 of the Principal Act; “strokehaul” means any weighted instrument or device which may be used, whether with a rod and line or otherwise, to foul-hook fish; “the Trust” means Iontaobhas Iascaigh Intíre Ioncorportha (The Inland Fisheries Trust Incorporated). (2) Apart from section 8 (1), (b), insofar as it enables the Minister to give directions for the protection of molluscs, section 8 (1) (g) and subparagraphs (iii) and (iv) of section 11 (1) (c) of this Act, nothing in this Act shall be construed as enabling the Minister to give directions in relation to sea-fish or stocks of sea-fish or as assigning to either the Central Board or a regional board any function in relation to sea-fish or stocks of sea-fish. Appointed day. 3.—The Minister may by order appoint a day to be the appointed day for the purposes of this Act. Fishery year. 4.—(1) The Minister may by order specify that any reference to a fishery year in the Principal Act shall on and after such 31st day of December as may be specified in the order be construed and have effect as a reference to a period which is co-extensive with the calendar year. (2) The Minister may as regards any provision contained in the Principal Act which relates to the determining, making, levying, collection or recovery of fishery rates and which is directly or indirectly related to or affected by the order described in subsection (1) of this section adapt, modify or otherwise amend the provision in such manner as he considers is appropriate having regard to the provision. (3) Where an order under this section is for the time being in force, the Principal Act shall be construed and have effect subject to and in accordance with the provisions of the order. Orders. 5.—(1) Subject to sections 10 (1) (b) and 54 (6) of this Act and to subsection (5) of this section, the Minister may by order amend or revoke an order made under section 8 (3) (b), 10 , 11 , 15 , 24 (6), 54 , 55 , 56 , or 57 of this Act, this subsection or section 81 (3) or 159 (6) of the Principal Act (inserted by sections 68 and 69 , respectively, of this Act). (2) (a) Subject to paragraph (b) of this subsection, the Minister may— (i) by order amend an order made under section 37 , 38 , 39 or 42 of this Act, (ii) by order amend an order made under subparagraph (i) of this paragraph. (b) In case the Minister proposes to amend an order under section 37 , 38 or 39 of this Act or this subsection, the following provisions shall apply: (i) the Minister shall as soon as may be give notice in writing of his intention to amend the order to the Arbitrator who shall cause to be published a notice of the Minister's said intention in such newspapers and in such manner as the Arbitrator shall determine, (ii) the Minister shall give notice in writing of his said intention to any person by whom an appeal relating to the order proposed to be amended was brought under this Act, or, in case the order is an order under subparagraph (ii) of paragraph (a) of this subsection, to any person by whom an appeal relating either to the original order under section 37 , 38 or 39 of this Act or to any order under the said paragraph (a) which relates to such original order was so brought, or, if in either case any such person is deceased, to his personal representative, (iii) the Minister shall not make the order unless a draft thereof has been submitted to and approved of under this paragraph by the Arbitrator, (iv) the Arbitrator shall not determine an application under this paragraph by the Minister before the expiration of the period of thirty days beginning on the day on which the relevant notice is published pursuant to this subparagraph, or in case such publication is made on different days the day of the first such publication, (v) any one or more of the following may, within such period of thirty days or such longer period as the Arbitrator may determine, serve on the Minister a notice of his intention to make an application to the Arbitrator in relation to the proposed order, namely: (I) any person by whom such an appeal was so brought, or, in case such person is deceased, his personal representative, or (II) the person who, immediately before the making of the order proposed to be amended, was the owner of the fishery or land acquired by that order or the successor in title of such person, or, if any right has been acquired by such order, the person who immediately prior to the making of the said order was entitled to the enjoyment of such right or the successor in title of such person, or, if such order was made under section 39 of this Act, the owner of the relevant servient tenement, (vi) in case a notice is served on the Minister pursuant to this paragraph the Arbitrator shall, before deciding whether or not to approve of the proposed order, give the person by whom the notice was served an opportunity of being heard (either in person or through counsel or a solicitor), and (vii) the Arbitrator may in determining the matter approve of the draft of the order in the form proposed by the Minister, approve of such draft subject to such amendments as the Arbitrator shall specify or refuse to give his approval. (3) (a) The Commissioners may by order under their seal amend an order made by them under section 40 of this Act. (b) The Irish Land Commission may by order under their seal amend an order made by them under section 41 of this Act. (4) If in relation to an application under subsection (2) (b) of this section the Arbitrator is satisfied that after diligent inquiry a person to whom notice is required by subsection (2) (b) (ii) of this section to be given by the Minister cannot be found or ascertained, the Arbitrator may determine the application, notwithstanding the fact that such person cannot be found or ascertained. (5) Subsection (7) of section 68 of the Principal Act (inserted by section 3 of the Fisheries (Amendment) Act, 1976) shall apply as regards an order under this section by which it is proposed to amend an order made under section 81 (3) or 159 (6) of the Principal Act (inserted by sections 68 and 69 , respectively, of this Act), as it applies as regards an order made under section 68 of the Principal Act. Repeals. 6.—(1) The Principal Act is hereby repealed to the extent specified in column (2) of the First Schedule to this Act. (2) In subparagraph (i) of section 33 (b) of the Act of 1962 the words “(provided that it has been fixed not less than three years previously)” are hereby repealed. (3) Subsection (1) of this section, except in so far as it amends section 163 of the Principal Act and repeals clause (b) of paragraph 2 (1) of the Fifth Schedule to that Act, shall come into force on the appointed day. PART II Central Fisheries Board and Regional Fisheries Boards CHAPTER I Central Fisheries Board Central Fisheries Board. 7.—(1) On the appointed day there shall be established a body to be known as the Central Fisheries Board (which body is in this Act referred to as “the Central Board”) to perform the functions assigned to it by this Act. (2) The provisions of Part I of the Second Schedule to this Act shall have effect with respect to the Central Board. Functions of Central Board. 8.—(1) (a) The Central Board shall— (i) co-ordinate and, where it considers it necessary so to do, direct the performance by regional boards of the functions assigned to them under this Act, (ii) ensure that any fishery, hatchery or fish farm which is in its possession or occupation is managed, conserved, protected, developed and improved, or otherwise dealt with, both properly and in accordance with any direction given by the Minister under paragraph (b) of this subsection, (iii) ensure that directions given by the Minister under this section are carried into effect, and in performing the function mentioned in subparagraph (i) of this paragraph the Central Board shall ensure that regional boards in the performance of their functions have regard to such directions by the Minister under this section as are for the time being in force. (b) The Minister may from time to time give to the Central Board directions containing general policy for the management, conservation, protection, development and improvement of fisheries or for the protection of molluscs, and the Central Board shall, if so directed by the Minister, as soon as may be, communicate to every regional board any direction given by the Minister under this paragraph. (c) (i) The Central Board shall within the period of two years beginning on the appointed day (or such longer period as the Minister may allow) prepare and submit to the Minister for his consideration an inland fisheries development programme. (ii) Where the Central Board has prepared and submitted a development programme under this subsection, it shall from time to time as occasion may require, and at least once in every five years after the date of the submission to the Minister of the programme, review the programme and make in it any variations whether by way of alteration, addition or deletion which it considers proper and shall submit to the Minister for his consideration the results of the review. (iii) A programme under this subsection may contain recommendations regarding the conservation of inland fisheries and may have regard to any programme under section 11 of this Act. (d) The Central Board may make recommendations to the Minister as to the exercise by the Minister of the powers conferred on him by section 29 of the Act of 1962, the levels of fishery rates, fishery licence duties payable under the Fisheries Acts, 1959 to 1980, and levies payable under section 55 of this Act. (e) (i) The Central Board may with the approval of the Minister provide education courses or facilities for training or otherwise instructing persons in any matter relating to the management, conservation, protection, development or improvement of fisheries, (ii) subject to the approval of the Minister, the Central Board may as regards any course or facility provided in pursuance of this paragraph charge fees of such amount as may be so approved. (f) The Central Board may, subject to the payment to it of such fees as it shall determine, provide such services regarding the management, conservation, protection, development or improvement of fisheries, or such other matter relating to fisheries, or the promotion of such other matter so relating, as it shall think fit. (g) Subject to section 2 (2) of this Act, the Central Board may as regards any fishery carry out such research or experimental work as it considers necessary for the performance of its functions but this paragraph shall not be construed as enabling the Central Board to carry out research or experimental work on, or in relation to, any species of fish which is sea-fish within the meaning of Part XIII of the Principal Act, other than research which is similar or analogous to research in relation to sea-fish which was being carried on by the Trust prior to its dissolution. (2) The Central Board may, for so long and subject to such conditions as it shall determine, place under the care and management of a regional board any fishery, hatchery or fish farm which is in its possession or occupation. (3) (a) The Minister may, if he thinks fit, authorise the Central Board to engage in the processing and marketing of such species of fish as are specified in the authorisation. (b) The Minister may by order assign to the Central Board such other functions relating to fisheries (being functions additional to the functions assigned to the Central Board by this Act) as he thinks fit. Transfer of certain properties of boards of conservators to Central Board. 9.—(1) On the appointed day the following properties (including all easements, rights, powers and privileges relating to or connected with any such property), being properties occupied by or on behalf of boards of conservators, shall be transferred to the Central Board, namely, the properties known as— (a) Carrowmore Lake Hatchery, County Mayo, (b) Inistioge Hatchery, County Kilkenny, (c) Mallow Hatchery and Rosnalee Weir, County Cork, (d) Cong Hatchery, County Galway, (e) Virginia Hatchery and Eel Weir, County Cavan, and each of which is described in the Third Schedule to this Act, including the buildings, offices and out-offices thereon and any machinery, equipment or other moveable property which was on those properties immediately before the appointed day and was used for or in connection with the culture of fish. (2) The properties referred to in this section shall on the appointed day without any conveyance or assignment become and be vested in or the property of or held in trust or subject to conditions for (as the case may require) the Central Board for all the estate, term or interest by which they were held immediately before the appointed day but subject to all trusts, equities, interests, conditions, rights and statutory requirements affecting the properties and then subsisting and capable of being performed. (3) On and after the appointed day every debt and other liability (including any unliquidated liability) which, immediately before the appointed day, is owing and unpaid and has been incurred and is undischarged by a board of conservators in relation to any property transferred to the Central Board by this section shall, on such day, become and be the debt or liability of the Central Board and shall be paid or discharged by, and may be recovered from or enforced against, the Central Board accordingly. (4) Where by virtue of this section any easement or other right over land or any other estate or interest in land is vested in or becomes the property of or is held in trust or subject to a condition for the Central Board and immediately prior to the appointed day such right or other estate or interest was vested in or the property of or was held in trust or subject to a condition for a person other than a board of conservators, compensation shall be payable in respect of— (a) the right or other estate or interest acquired by the Central Board by virtue of this section, (b) any other diminution in the value of any right over land or other estate or interest of such person by reason of such acquisition, (c) any other loss incurred by such person by reason of such acquisition, and the compensation together with any interest payable thereon by virtue of this subsection shall be paid by the Central Board. (5) Subsections (2), (3), (6), (7) and (8) of section 43 of this Act shall apply as regards compensation payable under this section as they apply as regards compensation payable under that section. (6) References in this section to a board of conservators shall be construed as including a reference to a person who, immediately before the appointed day, stands appointed under section 51 of the Principal Act. CHAPTER II Fisheries Regions and Regional Boards Fisheries regions and regional boards. 10.—(1) (a) Subject to paragraph (b) of this subsection and to compliance with the requirement of subsection (2) of this section, the Minister may by order create, either by union, sub-division or otherwise, such regions (each of which is in this Act referred to as a “fisheries region”) as appear to him to be appropriate having regard to the purposes of this Act and such order shall specify the name of each fisheries region so created. (b) An order under this section, other than the order referred to in subsection (2) of this section, shall not be made by the Minister without the consent of the Minister for the Public Service. (2) As soon as may be after the passing of this Act an order shall be made by the Minister under subsection (1) of this section creating seven, and only seven, fisheries regions in the State and such order shall be the first order to be made under this section and shall come into force on the appointed day. (3) Where an order is made under this section, there shall, by virtue of the order, be established in relation to any fisheries region created by the order a board (in this Act referred to as a “regional board”) and such board shall be known as “The_________ Regional Fisheries Board” (the name of the fisheries region being inserted) and shall perform as regards the fisheries region in relation to which it is established the functions assigned to a regional board by this Act. (4) (a) A regional board shall be comprised of such number of members as shall be specified in the order establishing the relevant fisheries region and of whom— (i) such number as shall be so specified shall be elected in pursuance of section 12 of this Act of whom such member or members (if any) as may be so specified shall be elected by a class or by such classes of electorate as may be so specified, and (ii) subject to subsections (5) and (6) of this section, such number as shall be so specified shall be appointed by the Minister after such consultation as he considers appropriate. (b) (i) Subject to subsection (11) (b) of this section, section 24 of this Act and Article 11 of Part II of the Second Schedule to this Act, every elected member of a regional board shall, unless he sooner resigns or becomes disqualified, hold office from the day next following the date of his election until midnight on the day on which the result of the next election for elected members of the board held in pursuance of section 12 of this Act is declared. (ii) The term of office of a member of a regional board appointed under this subsection shall be fixed by the Minister at the time when the appointment is made and, subject to the said subsection (11) (b), section 24 and Article 11, shall be for a period not exceeding five years. (c) A member of a regional board appointed or co-opted under subsection (4) or (5) of this section or Article 5 of Part II of the Second Schedule to this Act shall be eligible for nomination as a candidate and for election at an election held under this Act. (5) (a) Notwithstanding anything otherwise contained in this Act, as soon as may be after the making of an order under subsection (1) of this section, subject to subsection (6) of this section, the Minister, after such consultation as he considers appropriate, shall as regards the regional board, or as may be appropriate, each of the regional boards, established by the order appoint such number of persons to be members of the board as shall be specified in the order. (b) Subject to subsection (11) (b) of this section, section 24 of this Act and Article 11 of Part II of the Second Schedule to this Act, a person appointed to membership of a regional board under paragraph (a) of this subsection shall hold office during the period beginning on the date of his appointment and ending on the day immediately preceding the day on which the term of office of the members first elected under this Act to membership of the board commences. (6) A person who is entitled under the Standing Orders of either House of the Oireachtas to sit therein, or who is for the time being a representative in the Assembly of the European Communities, shall not be eligible for appointment under this section by the Minister to membership of a regional board. (7) The provisions contained in Part II of the Second Schedule to this Act shall apply to a regional board and for the purpose of applying the said provisions in relation to a particular regional board any reference in the said Schedule to “the Board” shall be construed as a reference to that particular regional board. (8) Whenever the Minister by an order under this section creates a fisheries region he shall by reference to a map specified in the order appoint the boundaries of such fisheries region. (9) (a) A fisheries region may include any of the following waters, namely, any waters situate in an area which immediately before the commencement of the order referred to in subsection (2) of this section comprised a fishery district and any other waters which are— (i) in any area of the sea to which the internal or inland waters of the State extend by virtue of section 5 of the Maritime Jurisdiction Act, 1959 , (ii) in the portion of the sea which lies between the baseline for the purposes of the said Act and the line every point of which is on the seaward side and at a distance of twelve nautical miles from the nearest point of that baseline. (b) The Minister may by order substitute for the reference to twelve nautical miles in paragraph (a) (ii) of this subsection a reference to a number of nautical miles specified in the order. (c) In case an order under paragraph (b) of this subsection is for the time being in force, paragraph (a) (ii) of this subsection shall be construed and have effect as if for the reference therein to twelve nautical miles there were substituted a reference to the number of nautical miles specified in the order. (d) Where waters are included in a fisheries region created under this section and by reason of the making or revocation of an order under this subsection such waters cease to be waters described in subparagraph (ii) of subsection (9) (a) of this section, then for so long as the aforesaid waters continue to be waters other than those so described the order creating the fisheries region shall have effect subject to the following modifications, namely, the waters so included shall be accordingly regarded as not being within the fisheries region and the relevant map prepared by the Minister in pursuance of subsection (8) of this section shall be regarded as having been modified to the extent necessary to place the waters so included outside the boundaries appointed by the order. (10) The Minister may by order alter the boundaries of a fisheries region and an order under this subsection shall, by reference to a map specified in the order, indicate the boundaries of the relevant fisheries region or regions as altered by the order. (11) (a) The Minister may by order alter the number of members of which a regional board is to be comprised, and in case the Minister makes such an order, the order shall specify the number of members of the regional board who are to be appointed by the Minister and the number of such members who are to be elected under this Act. (b) In case the Minister makes an order under subsection (1) of this section, he may by the order reduce the number of members of any regional board other than that established by the order, and notwithstanding subsection (4) (b) (i) of this section such an order may provide for the termination in a specified manner of the term of office of specified members (whether elected or appointed) of such other regional board. (12) (a) The Minister shall cause to be prepared maps showing, in such manner as the Minister thinks fit and indicates thereon, the boundaries of each of the several fisheries regions in existence for the time being. (b) Paragraphs (b) to (e) of section 19 (3) of the Principal Act shall apply in relation to maps prepared under this subsection as they apply to maps prepared under that section and for the purposes of the foregoing each of the references in those paragraphs to the official maps shall be construed as including a reference to a map prepared under this subsection. (13) The following provisions shall apply in relation to an order under this section creating a fisheries region (whether by union, subdivision or otherwise): (a) the Minister may by the order provide that— (i) all or any specified part of the property (other than property referred to in section 9 (1) of this Act), whether real or personal (including any right to recover any rate and any other chose-in-action), which immediately before the commencement of the order was vested in or belonged to or was held in trust or subject to conditions for— (A) a board of conservators dissolved under section 34 of this Act and specified in the order, or (B) a person who by virtue of the said section 34 ceases to be appointed under section 51 of the Principal Act, and is so specified, or (C) a regional board for a fisheries region affected by the order and so specified, and that all rights, powers and privileges relating to or connected with any such property, shall on such commencement, without any conveyance or assignment, but subject where necessary to transfer in the books of any bank, corporation or company, become and be vested in or the property of or held in trust or subject to conditions for (as the case may require) such regional board as is specified in the order, (ii) every or any specified contract which was entered into and is in force immediately before the commencement of the order between such a board of conservators, person so appointed or regional board and any other person shall continue in force on and after such commencement, but shall be construed and have effect as if the board established by virtue of the order were substituted therein for the board or the person so appointed by whom the contract was entered into and that accordingly such contract shall be enforceable by or against the board so established, (iii) every or any specified debt or other liability (including any unliquidated liability arising from torts or breaches of contract but excluding any liability transferred to the Central Board by virtue of section 9 (3) of this Act), which immediately before such commencement is owing and unpaid or has been incurred and is undischarged by such a board of conservators, person so appointed or regional board shall, on such commencement, become and be the debt or liability of the board established by virtue of the order and shall be paid or discharged by and may be recovered from and enforced against such board accordingly, (iv) in case property transferred by the order was immediately before such commencement standing in the books of any bank or was registered in the books of any bank, corporation or company, such property shall, upon a request of the board established by virtue of the order being made any time after such commencement, be transferred by such bank, corporation or company into the name of such board, (v) after such commencement any chose-in-action transferred by the order may be sued upon, recovered or enforced by the board so established in its own name and that it shall not be necessary for such board to give notice to the person bound by such chose-in-action of the transfer effected by the order, (vi) where immediately before such commencement there are pending— (A) in case the order is that referred to in subsection (2) of this section, any legal proceedings instituted by virtue of section 309 of the Principal Act by an officer or employee of such a board of conservators or person so appointed, or any other legal proceedings instituted by a person on behalf of, or instituted against a person on behalf of, such a board or a person so appointed, (B) in the case of any other order under this section, any legal proceedings to which a regional board affected by the order is a party, the name of the board so established shall be substituted for that of such board of conservators, person so appointed or regional board (as the case may require) and the proceedings shall not abate by reason of such substitution, (vii) the making of the order shall not invalidate or affect any payable order or cheque or any authority given for the payment of the amount of any payable order or cheque, and that a regional board specified in the order shall make arrangements for the payment of the amount of orders and cheques which are of a class or description so specified upon due presentation within a reasonable time after the establishment of such board, (b) the Minister may by the order modify a provision of this Act so far, but only so far, as is necessary for carrying the order into effect. (14) In case the Minister by an order under this section creates a fisheries region by the union of two or more fisheries regions, each of the regional boards for the fisheries regions so united shall on the commencement of the order stand dissolved. (15) Whenever the Minister makes an order under this section the following provisions shall apply, namely— (a) he shall, as soon as may be, (in addition to causing notice of the making of the order to be published in the Iris Oifigiúil) cause such a notice to be published in one or more of the newspapers circulating in any fisheries region created by the order or to which the order otherwise relates, and (b) he shall cause a copy of the order to be deposited with the County Registrar for every county and the District Court Clerk of every District Court District, within which the whole or any part of the fisheries region created by the order is situate. Functions of and other provisions relating to regional boards. 11.—(1) (a) A regional board shall as regards its fisheries region— (i) subject to the provisions of this Act, protect the fisheries in such region and generally enforce the Fisheries Acts, 1959 to 1980, therein, (ii) within the period of two years beginning on the appointed day (or such longer period as the Minister may in any particular case allow) prepare and submit to the Central Board for its consideration an inland fisheries development programme. (b) Where a regional board has prepared and submitted a development programme under this subsection it shall from time to time as occasion may require, and at least once in every five years from the date of the submission to the Central Board of the programme, review the programme and make in it any variations whether by way of alteration, addition or deletion which it considers proper and shall submit to the Central Board for its consideration the results of the review. (c) A regional board shall— (i) ensure that any fishery which is in the possession or occupation of the board or any fishery, hatchery or fish farm which by virtue of section 8 (2) of this Act is under the care and management of the board, is managed, conserved, protected, developed and improved, or otherwise dealt with, in accordance with both the current development programme prepared under this section by the board and any direction given by the Minister under section 8 (1) (b) of this Act and which is for the time being in force, (ii) promote and encourage the management, conservation, protection, development and improvement in accordance with such development programme of the fisheries in its fisheries region which are not in such possession or occupation, (iii) ensure that any oyster or other mollusc fishery situated in its fisheries region is protected in accordance with such of the provisions of any such direction as relate to a fishery of that kind, and (iv) encourage, promote and develop angling for salmon, trout, coarse fish and sea-fish, and for the purposes of any or all of those kinds of angling provide such facilities and amenities (if any) as the regional board thinks fit. (2) A regional board may, subject to the payment to it of such fees as it shall determine, provide such services regarding the management, conservation, protection or improvement of fisheries, or such other matter relating to fisheries, as it shall think fit. (3) (a) Subject to Article 1 (b) of the Fourth Schedule to this Act, the power under Part V of the Principal Act of striking a rate on fisheries, in so far as before the commencement of this section it was exercisable by a board of conservators, and the powers under that Part to amend, collect and recover such a rate are, in so far as they apply to a fishery district, hereby assigned to the regional board concerned. (b) Where a regional board strikes a rate on fisheries, the Minister in considering whether to confirm the rate with or without modification or to exercise the power conferred on him by section 55 of the Principal Act to strike a rate shall have regard to any relevant recommendation made by the Central Board under section 8 (1) (d) of this Act. (4) The powers under the Principal Act to issue licences, for fishing for salmon or eels (other than salmon rod (twenty-one day) ordinary licences) and to issue oyster fishing licences which, immediately before the passing of this Act, were exercisable by a board of conservators shall, on and from the appointed day, be exercisable by a regional board. (5) The amendments to the Principal Act or the Act of 1962 specified in the Fourth Schedule to this Act shall have effect as on and from the appointed day. (6) (a) The Minister may, if he thinks fit, authorise a regional board to engage in the processing and marketing of such species of fish as are specified in the authorisation. (b) (i) The Minister may by order provide for the issue by any regional board, on payment of such duty (if any) as may be specified in the order, of licences for fishing of a class or description specified in the order. (ii) In case an order under this section provides for the issue of licences for fishing with engines which are not scheduled engines, then for so long as the order is in force the following provisions shall have effect, namely, any engine which is of a kind described in the order shall for the purposes of section 65 of the Principal Act be regarded as being a scheduled engine and any such licence shall for the said purposes be regarded as being an ordinary fishing licence. (iii) In case an order under this paragraph is for the time being in force, the powers conferred by the order on regional boards shall be in addition to and not in substitution for the powers conferred on such boards by subsection (4) of this section. (c) The Minister may by order assign to— (i) regional boards generally, (ii) regional boards of a particular class or description, (iii) one or more particular regional boards, such functions relating to fisheries (being functions additional to those assigned by this Act) as the Minister thinks fit. (d) Duties payable as regards licences issued by virtue of this section shall be paid to the regional board by whom the licence is issued. (e) In this Act “fishing licence”, when used without qualification, shall include a licence issued pursuant to an order under paragraph (b) of this subsection. Election of members of regional boards. 12.—(1) Elections of members of a regional board, other than members appointed by the Minister under section 10 of this Act, shall in each election year be held in accordance with this Act as regards each fisheries region and each such election shall be conducted in accordance with this Act and regulations under this section. (2) (a) Where a person is for the time being the holder of two or more licences issued under this Act the holding of any of which would under this Act, apart from this subsection, entitle him to vote at an election of members of a particular regional board, notwithstanding the fact that he is such a holder he shall be entitled to vote once and once only at the election. (b) Where a person is for the time being a rate-payer who is entitled to vote at an election of members of a particular regional board and is either or both— (i) the holder of any licence issued under, the Fisheries Acts, 1959 to 1980, the holding of which would under this Act, apart from this subsection, entitle him to vote at an election of members of that regional board, (ii) registered in a Register of Trout, Coarse Fish and Sea Anglers and thereby entitled so to vote, notwithstanding the fact that he is both such a rate-payer and such a holder, or as the case may be such a holder and so registered, he shall be entitled to vote once and once only at the election. (c) Where a person is for the time being registered in a Register of Trout, Coarse Fish and Sea Anglers and is the holder of any licence issued under the Fisheries Acts, 1959 to 1980, the holding of which would under this Act, apart from this subsection, entitle him to vote at an election of members of that regional board, notwithstanding the fact that he is so registered he shall be entitled to vote once and once only at the election. (3) (a) The Minister may make such regulations as he thinks proper in relation to elections under this section of members of regional boards. (b) Without prejudice to the generality of paragraph (a) of this subsection, regulations under this subsection may provide for— (i) the nomination of different classes of candidates for election as members of regional boards and for the election of such candidates by different classes of electors, (ii) postal voting at elections under this section of members of regional boards. (4) Where regulations under this section which are for the time being in force provide for the nomination of different classes of candidates for election as members of regional boards, subject to the provisions of this Act apart from this subsection, a person shall be entitled to be nominated as a candidate of one class, and one class only, at an election to which the regulations apply. (5) The Minister shall by order fix the year in which elections of members of regional boards are first to be held under this Act. Electorate for election of elected members of regional boards. 13.—(1) (a) Subject to section 12 (2) of this Act, every person who is the holder of an ordinary fishing licence or an oyster fishing licence which is valid for a particular election year and who is ordinarily resident in the State on the date fixed under this Act for the receipt of nominations at an election to be held under this Act in that year shall be entitled to vote at the election to be held in that year as regards the regional board by which the licence is issued. (b) (i) Subject to section 12 (2) of this Act and to subparagraph (ii) of this paragraph, every person who for the time being is registered in a Register of Trout, Coarse Fish and Sea Anglers (other than a person who is so registered as non-voting) and who is ordinarily resident in the State on the date fixed under this Act for the receipt of nominations at an election to be held under this Act as regards the regional board by which the register is maintained, shall be entitled to vote at the election. (ii) A person shall be entitled to vote pursuant to this paragraph at an election under this Act which is not the election first held as regards a regional board if, and only if, he has been registered in the register maintained by the board to which the election related for a continuous period of not less than three years ending on the day fixed under this Act for the receipt of nominations at the election. (2) Every person who is the holder of a special local licence which is valid for a particular election year and who is ordinarily resident in the State on the date fixed under this Act for the receipt of nominations at an election to be held under this Act in that year shall, subject to section 12 (2) of this Act, be entitled to vote at the election in that election year of elected members of the regional board within whose fisheries region the special tidal waters to which the licence relates are situate. (3) Where a person who is the rated occupier of a fishery has, as regards the fishery, for the time being complied with the requirements (if any) regarding the payment of fishery rates and contained in regulations made by the Minister for the purpose of this subsection, the following provisions shall have effect: (a) subject to section 12 (2) of this Act, such person or his agent duly appointed under section 328 of the Principal Act shall be entitled to vote at an election of elected members of the regional board within whose fisheries region the fishery is situate, and (b) in case regulations made for the purposes of this subsection are for the time being in force, the production of the receipt for the relevant fishery rate shall be sufficient evidence of the right of such person or his attorney or agent to vote at such election. (4) References in this Act to the electorate of a fisheries region for an election year shall be construed as references to the persons who are, by virtue of this section, entitled to vote at the election of elected members of the regional board for that region to be held in that year. Qualification for elected members of regional boards. 14.—A person shall not be eligible for election under this Act to membership of a regional board if on the day fixed under this Act for the receipt of nominations at the election— (a) he is entitled under the Standing Orders of either House of the Oireachtas to sit therein, (b) he is a representative in the Assembly of the European Communities, (c) he is not entitled to vote at the election, (d) he is an undischarged bankrupt, (e) within the period of three years ending on such day he has made a composition with his creditors, (f) within the period of seven years ending on such day he has been convicted of an offence under the Fisheries Acts, 1959 to 1980. Postponement of elections of members of regional boards. 15.—(1) Notwithstanding anything contained in this Act the elections pursuant to this Act of members of regional boards may be held in a year which is later than that in which the elections would, apart from this section, fall to be held and which the Minister, if he thinks fit, fixes by order. (2) In case the Minister makes an order under this section, the elections pursuant to this Act of members of regional boards, other than the elections to which the order relates, shall be held in each fifth successive year to that fixed by the order. (3) Where an order under this section is proposed to be made, the Minister shall cause a draft of the order to be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House. (4) Section 36 of the Act of 1962 shall not apply as regards an order made by the Minister under this section. Failure to elect elected members of regional board. 16.—(1) If the electorate for a fisheries region in any election year elect no elected members under section 12 of this Act, the previously existing elected members of the regional board concerned shall continue in office and be deemed to have been elected as such elected members in that election year. (2) If at an election under this Act the electorate for a fisheries region elect fewer elected members than the number which could have been elected at the election, then there shall be deemed to have occurred immediately after the meeting of the regional board concerned first held after the election— (a) in case the number of members who could have been so elected exceeds by one the number of members who were so elected, a casual vacancy, (b) in case the number of members who could have been so elected exceeds by two or more the number of members who were so elected, casual vacancies equal in number to the excess. Disqualification of member of regional board by non-attendance at meetings. 17.—(1) A member of a regional board who absents himself during a period of six consecutive months from all meetings of the Board shall be disqualified from continuing to be a member of such board and one fortnight after the expiration of such period his seat on such board, shall, subject to subsection (2) of this section, become and be vacant. (2) (a) Whenever a member of a regional board is about to become or has been disqualified under subsection (1) of this section from continuing to be a member of such board, subject to paragraph (b) of this subsection, such board may, not later than one fortnight after the expiration of the period mentioned in the said subsection (1) and if the board is satisfied that the special circumstances of the case justify the board in so doing, extend the said period by such further period as the board thinks proper, and thereupon the said subsection (1) shall have effect in that particular case as if such extended period were substituted for the said period of six consecutive months, but no such period of six consecutive months shall be extended under this subsection more than once. (b) A period shall not be extended by a regional board under this subsection unless— (i) at least two-thirds of the members of the board are present at the relevant meeting of the board when the question is determined, and (ii) of such members so present, at least two-thirds vote in favour of the extension. CHAPTER III Fishery Improvement Powers of Central Board and regional boards in relation to improvement of fisheries. 18.—(1) Subject to the following subsections of this section, for the purpose of improving any fishery (whether or not the fishery is the property of the Central Board or the regional board concerned) the Central Board or a regional board may do all or any of the following, namely— (a) take fish from a fishery by any means whatsoever, (b) implement any other measure intended to alter or regulate the stock in a fishery of fish of one or more particular species, (c) keep under surveillance and from time to time ascertain by any means the quality of water in a fishery, (d) alter, repair, remove or demolish any fence, hedge, tree or wall, (e) dig, break or otherwise temporarily close, cross, extend, divert or otherwise interfere with or alter any navigable waterway, river, stream or other watercourse, bridge, tunnel, culvert, pipe, drain or other thing, (f) notwithstanding section 327 of the Principal Act, take materials from any river, stream or other watercourse, provided that a board shall only exercise a power under paragraph (e) or (f) of this subsection after consultation with the Commissioners and provided also that in relation to a fence, hedge, tree or wall which is adjacent to a public road or any property of a public authority, the board shall only exercise a power under this subsection with the consent of the authority concerned, and in case there is a dispute as to whether a particular fence, hedge, tree or wall is adjacent to a public road or any such property, the matter shall be referred by the board concerned to the Minister to determine, whose decision, after consultation with the Minister for the Environment or such other Minister of the Government as he considers appropriate, shall be final. (2) (a) Subject to paragraph (b) of this subsection, a board shall not, in relation to a several fishery or other thing exercise a power mentioned in subsection (1) of this section without the consent of the owner thereof, and for the avoidance of doubt it is hereby declared that in case the owner of the several fishery or other thing is a Minister of the Government, the Irish Land Commission, the Commissioners or a public authority, the said Minister, the said Commission, the Commissioners or the public authority in giving such consent may attach thereto such reasonable conditions as he or they think fit, and in addition to the foregoing, the board shall not enter on or take possession of any fishery or land without giving the occupier thereof one month's previous notice in writing of its intention so to do. (b) Where, on an application made to him by a board, the Minister is satisfied that the owner of a several fishery or other thing cannot by diligent inquiry be found or ascertained, he may issue an authorisation under this section as regards the several fishery or other thing and for so long as an authorisation under this section is in force paragraph (a) of this subsection shall not apply as regards the several fishery or other thing to which the authorisation relates. (c) The Minister may at any time withdraw an authorisation under this section either on his own motion or on the application of any other person. (3) Subject to section 43 of this Act, the Central Board or any regional board, or their servants or agents or any contractor employed by the board or any workman employed by such contractor may, with or without vehicles, machinery or other apparatus (including boats or other vessels) or equipment, for the purpose of, (a) gaining access to the site of fishery improvement works which are completed or which are in the course of being carried out or are to be carried out by the board, (b) gaining access to a fishery (whether or not the fishery is the property of the board) in order to inspect or maintain it, enter on land at any reasonable time. (4) (a) Subject to paragraphs (b) and (c) of this subsection, to subsection (1) of this section and to section 43 of this Act, a board may for any purpose mentioned in subsection (3) of this section construct on or over any land a bridge, road or pathway of any description, and when constructed by the board, use and maintain such bridge, road or pathway. (b) Before exercising a power to construct under this subsection a board shall obtain the consent of the local authority within whose functional area the proposed bridge, road or pathway, or any part thereof, is proposed to be situate. (c) Where a board proposes to construct under this subsection a bridge, road or pathway on any land which is in the possession or occupation of the Minister, any other Minister of the Government, the Irish Land Commission, the Commissioners or a public authority, before exercising any of their powers in relation to the provision of the bridge, road or pathway, the board shall first obtain the consent of— (i) in case the land is in the possession or occupation of a Minister of the Government, that Minister, (ii) in case the land is in the occupation or possession of the Irish Land Commission or the Commissioners, the said Commission or the Commissioners, as may be appropriate, (iii) in case the land is in the occupation or possession of a public authority, that authority, and the requirements of this paragraph are in addition to and not in substitution for the requirements of paragraph (b) of this subsection. (5) A person entering on land under this section may do thereon all things ancillary to or reasonably necessary for the purpose for which the entry is made. (6) A person authorised under Article 20 of Part I of the Second Schedule to this Act or Article 18 of Part II of the said Second Schedule to exercise a power mentioned in subsection (1) of this section shall be furnished by the Central Board or the regional board concerned, as may be appropriate, with a certificate of such authorisation and when do …