Fisheries Act, 1939

Fisheries Act, 1939 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 1939 Fisheries Act, 1939 Fisheries Act, 1939 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 17 of 1939. FISHERIES ACT, 1939. ARRANGEMENT OF SECTIONS PART I. Preliminary and General. Section 1. Short title and collective citation. 2. Commencement. 3. Definitions and construction. 4. Expenses. 5. Repeals. PART II. Amendment and Extension of Fisheries Acts, 1842 to 1937. Fishing Licences and Licence Duty Thereon. 6. Name in which fishing licences, other than rod licences, are to be issued. 7. Salmon rod licences to be issued in an electoral division. 8. Penalty under section 21 of the Fisheries (Ireland) Act, 1848. 9. Restrictions on angling for trout. 10. Reduction of licence duty on salmon rod licences issued on or after 1st July. 11. Right of holder of salmon rod licence to fish for trout. 12. Alteration of licence duties on certain nets and provision for payment thereof by instalments. 13. Forfeiture of licences. Boards of Conservators. 14. Right of payers of fishery rate to vote at elections. 15. Right of licence holders to vote at elections. 16. Representation of trout anglers on boards of conservators. 17. Inquiries in respect of boards of conservators. 18. Power to dissolve boards of conservators. 19. Disqualification for membership of board of conservators. 20. Ex-officio members of boards of conservators. 21. Officers and servants of boards of conservators. Rates on Fisheries. 22. Recovery of fishery rates. Protection of Fisheries. 23. Prohibition of use, etc., of certain devices for taking salmon or trout. 24. Restriction on possession of illegal net, etc. 25. Protection of rivers from pollution. 26. Use of poison, etc., or explosives. 27. Inclusion of portion of the month of October in the close season. 28. Breach of weekly close time. Provisions in Relation to Fishing Weirs and Dams. 29. Construction of free gaps in fishing weirs. 30. Fish passes in dams and repair of dams. 31. Alteration of abandoned and disused dams. 32. Amendment of the Fisheries (Ireland) Acts, 1842 and 1850. 33. Restriction on erection of new weirs in freshwater. 34. Restriction on use of certain weirs in freshwater. Use of Nets in Fresh Water and Tidal Waters. 35. Restriction on use of nets in freshwater. 36. Possession of nets in or near fresh water. 37. Restriction of netting in public fisheries in tidal waters. Restriction on Sale, Exportation and Importation of Salmon and Trout. 38. Prohibition of purchase, sale, etc., of salmon, etc., unlawfully captured. 39. Prohibition of capture, sale, etc., of trout in January and portion of February. 40. Amendment of section 16 of the Fisheries Act, 1925. 41. Prohibition of export of unclean or unseasonable salmon or salmon caught at certain times. 42. Prohibition of exportation of salmon, etc., without licence. 43. Application of Customs Acts to salmon and trout illegally exported. 44. Licence for export of salmon, etc., for sale. 45. Amendment of section 22 of the Fisheries Act, 1925. 46. Restriction on importation of live fish. Minor Amendments of the Fisheries Acts, 1842 to 1937. 47. Amendment of section 87 of the Fisheries (Ireland) Act, 1842. 48. Substitution of expression “water keeper” for expression “water bailiff” in Fisheries Acts. 49. Amendment of section 11 of the Oyster Cultivation (Ireland) Act, 1884. Delegation of Certain Duties and Powers. 50. Delegation of certain duties and powers under the Fisheries Acts. PART III. Amendment and Extension of Fisheries (Tidal Waters) Act, 1934. 51. “The Act of 1934”. 52. Collective citation of the Act of 1934 and Part III of this Act. 53. Continuance of the Act of 1934. 54. Payment of special local licence duties by instalments. 55. Amendment of section 13 of the Act of 1934. 56. Amendment of section 14 of the Act of 1934. PART IV. Evidence of Existence of Several Fisheries in Tidal Waters. 57. Evidence of existence of several fisheries in tidal waters. PART V. Transfer to the Minister of Certain Fisheries and Provisions in Relation to Fisheries so Transferred. Chapter I. Preliminary. 58. Definitions for purposes of Part V. Chapter II. Transfer to the Minister of Transferable Fisheries. 59. Transition period in respect of transferable fisheries. 60. Right of access to certain transferable fisheries. 61. Survey records of transferable fisheries. 62. Obligation of occupiers of transferable fisheries to furnish accounts to the Minister. 63. Acquisition of portions of rivers or lakes contiguous to certain weir (fresh water) fisheries. 64. Reservation of angling rights in transferable fisheries. 65. Vesting orders. 66. Registration of title of the Minister to vested fisheries. 67. Compensation in respect of transferable fisheries. 68. Compensation to employees on transferable fisheries. 69. Apportionment of valuations or revaluation of transferable fisheries. 70. Provisions in relation to orders. Chapter III. Transfer to the Minister of Certain State Fisheries. 71. Transfer of fisheries to the Minister by the Commissioners of Public Works. 72. Transfer fisheries to the Minister by the Irish Land Commission. Chapter IV. Acquisition of Lands, etc., by the Minister for Purposes of the Management, Operation and Protection of Vested Fisheries. 73. Acquisition of land, etc., by the Minister. 74. Payment and ascertainment of compensation in respect of land, etc. Chapter V. Management, Operation, and Disposal of Vested Fisheries. Operation of Vested Fisheries by the Minister. 75. Operation of vested fisheries by the Minister. 76. Powers of the Minister in operating a vested fishery. 77. Sale of land and business. 78. Financial provisions. 79. Accounts, audit and report of proceedings. Leases of Vested Fisheries. 80. Leases of vested fisheries. 81. Returns by lessees. 82. Reports by the Minister in relation to leases. 83. Fishery rates on leased fisheries. Non-user of Vested Fisheries. 84. Non-user of vested fisheries. 85. Provisions in relation to unused fisheries. 86. Re-erection or re-equipment of unused fisheries. Chapter VI. Supplementary Provisions. 87. Right of access to vested fisheries. 88. Exercise of angling rights. 89. Liability of Minister for damage by flooding. 90. Provisions in relation to mill-dam fisheries. 91. Restrictions on Minister's powers. 92. Fishing licences in vested fisheries operated by the Minister. 93. Voting by Minister at elections of conservators. 94. Nomination of ex-officio conservators by the Minister. 95. Payments by Minister in lieu of fishery rate. PART VI. Miscellaneous Provisions. 96. Power of Minister to take on lease fisheries for research purposes. 97. Service of documents. Legal Proceedings. 98. Form of conviction. 99. Form of dismissal. 100. Appeals from the District Court. 101. How offences may be tried. 102. Proof of bye-laws, etc. SCHEDULE. ENACTMENTS REPEALED. Acts Referred to Fisheries (Tidal Waters) Act, 1934 No. 24 of 1934 Fisheries Act, 1925 No. 32 of 1925 Fisheries Act, 1937 No. 35 of 1937 Shannon Fisheries Act, 1935 No. 4 of 1935 Courts of Justice Act, 1936 No. 48 of 1936 Fisheries (Tidal Waters) (Amendment) Act, 1937 No. 34 of 1937 Foreshore Act, 1933 No. 12 of 1933 Documentary Evidence Act, 1925 No. 24 of 1925 Fisheries Act, 1924 No. 6 of 1924 Fisheries (Tidal Waters) (Amendment) Act, 1935 No. 33 of 1935 Number 17 of 1939. FISHERIES ACT, 1939. AN ACT TO AMEND AND EXTEND THE FISHERIES ACTS, 1842 TO 1937, AND THE FISHERIES (TIDAL WATERS) ACT, 1934 , TO FACILITATE PROOF OF THE EXISTENCE OF SEVERAL FISHERIES IN TIDAL WATERS, TO PROVIDE FOR THE TRANSFER TO THE STATE OF CERTAIN FISHERIES, AND TO PROVIDE FOR CERTAIN OTHER MATTERS (INCLUDING THE IMPOSITION OF LICENCE DUTIES ON CERTAIN FISHING LICENCES) CONNECTED WITH THE MATTERS AFORESAID. [14th July, 1939.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:— PART I. Preliminary and General. Short title and collective citation. 1.—(1) This Act may be cited as the Fisheries Act, 1939. (2) The Fisheries Acts, 1842 to 1937, the Fisheries (Tidal Waters) Act, 1934 (No. 24 of 1934), and this Act may be cited together as the Fisheries Acts, 1842 to 1939. Commencement. 2.—This Act shall come into operation on such day as shall be fixed for that purpose by order of the Minister either generally or with reference to any particular Part or provision and different days may be so fixed for different Parts and different provisions of this Act. Definitions and construction. 3.—(1) In this Act— the expression “the Fisheries Acts” means the Fisheries Acts, 1842 to 1937, as amended by this Act, and the Fisheries (Tidal Waters) Act, 1934 (No. 24 of 1934), as amended by this Act; the expression “the Minister” means the Minister for Agriculture; the expression “fishery rate” means a rate struck by a board of conservators and confirmed by the Minister under section 13 of the Fisheries Act, 1925 (No. 32 of 1925), as amended by the Fisheries Act, 1937 (No. 35 of 1937), or any subsequent enactment, or a rate struck by the Minister under the said section 13; the words “salmon” “trout” and “fish” respectively include part of a salmon, part of a trout and part of a fish; the expression “salmon rod licence” means a licence to fish with single rod and line for salmon; the expression “trout rod licence” means a licence to fish with single rod and line for trout. (2) Any reference in this Act to the time at which a fishery rate was made shall be construed as a reference to— (a) in case such fishery rate was struck by a board of conservators and confirmed by the Minister under section 13 of the Fisheries Act, 1925 (No. 32 of 1925), as amended by the Fisheries Act, 1937 (No. 35 of 1937), or any subsequent enactment, the day on which such fishery rate was so confirmed; (b) in case such fishery rate was struck by the Minister under the said section 13, the day on which such fishery rate was so struck. (3) This Act shall be construed as one with the Fisheries Acts, 1842 to 1937 and the Fisheries (Tidal Waters) Act, 1934 (No. 24 of 1934). Expenses. 4.—The expenses incurred by the Minister under this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas. Repeals. 5.—The enactments specified in the Schedule to this Act are hereby repealed to the extent mentioned in the third column of the said Schedule. PART II. Amendment and Extension of Fisheries Acts, 1842 To 1937. Fishing Licences and Licence Duty Thereon. Name in which fishing licences, other than rod licences, are to be issued. 6.—Every licence issued under the Fisheries Acts, or this Act, in respect of an engine (other than a single rod and line) used in the taking of fish shall contain on the face thereof, in the case of an engine used in a several fishery, the name of the person (in this section referred to as the owner) who is for the time being entitled to use such engine for his own benefit or, if the owner so requests by notice in writing to the board of conservators concerned, such other person as the owner specifies in such notice and, in every other case, the name and address of the person paying the licence duty on such engine. Salmon rod licences to be issued in an electoral division. 7.—Where an application for a salmon rod licence is made to the board of conservators for a fishery district such licence shall be issued— (a) in case the applicant is the owner or occupier of a rod fishery for salmon in such district, in the electoral division of such district in which such fishery is situate, (b) in any other case— (i) if there is only one freshwater electoral division of such district, in such freshwater electoral division, or (ii) if there are two or more freshwater electoral divisions of such district, in such one of the said divisions as the applicant may request. Penalty under section 21 of the Fisheries (Ireland) Act, 1848. 8.—If any person (other than the Minister) uses in any fishery district any engine, instrument, net, weir or device not enumerated in the Schedule to the Fisheries (Ireland) Act, 1848, without having previously given, in accordance with the first proviso to section 21 of the said Act, notice to the board of conservators for such district and without having deposited with such board of conservators such sum as they may demand on account of the licence duty thereafter to be fixed in respect of such engine, instrument, net, weir or device, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine of not less than five pounds and, in the case of a continuing offence, a further fine of not less than fifty pounds for each day on which such person has so used such engine, instrument, net, weir or device. Restrictions on angling for trout. 9.—(1) The board of conservators for each fishery district shall, as soon as may be after the commencement of this section, by order declare that any rivers or lakes or portions thereof situate in such district, which such board considers should be scheduled as trout waters, shall be scheduled trout waters for the purposes of this section and may from time to time thereafter by further orders declare that any other rivers or lakes or portions thereof situate in such district, which such board considers should also be scheduled as trout waters, shall be scheduled trout waters for the said purposes, and any rivers or lakes or portions thereof in respect of which an order has been made under this sub-section shall so long as such order remains in force be scheduled trout waters for the said purposes. (2) A board of conservators may, at any time, revoke any order made by it under the immediately preceding sub-section. (3) Every order made under either of the immediately preceding sub-sections shall be in such form and shall be published in such manner as the Minister may direct. (4) Trout rod licences shall be of three kinds, namely— (a) trout rod (general) licences, (b) trout rod (riparian owner's) licences, (c) trout rod (juvenile) licences. (5) Notwithstanding anything contained in section 21 of the Fisheries (Ireland) Act, 1848, there shall be payable on— (a) a trout rod (general) licence, a licence duty of five shillings, (b) a trout rod (riparian owner's) licence, a licence duty of sixpence, (c) a trout rod (juvenile) licence, a licence duty of sixpence. (6) Any person may obtain a trout rod (general) licence and such licence shall be valid throughout the State. (7) Any person who satisfies the board of conservators for a fishery district that he is the occupier of any land contiguous to any portion of scheduled trout waters in such district in which he is entitled to fishing rights may obtain a trout rod (riparian owner's) licence and such licence shall be valid only in the portion of such scheduled trout waters in which such fishing rights exist. (8) Any person who satisfies the board of conservators for a fishery district that he is for the time being under the age of seventeen years may obtain from such board a trout rod (juvenile) licence, and such licence shall be valid only in such fishery district. (9) Sections 28, 29, 30 and 31 of the Fisheries (Ireland) Act, 1848 and section 17 of the Fisheries (Ireland) Act, 1869 shall (subject to such modifications therein as are, having regard to the preceding provisions of this section, necessary) apply to trout rod licences. (10) It shall not be lawful for any person to fish for trout with a single rod and line in any scheduled trout waters situate in a fishery district unless— (a) such person is the holder of a trout rod (general) licence for the time being in force, or (b) such person is the occupier of land contiguous to the portion of such scheduled trout waters in which he is found fishing and is entitled to fishing rights in that portion and is the holder of a trout rod (riparian owner's) licence for the time being in force issued by the board of conservators for such fishery district and valid for that portion, or (c) such person is a member of the family of the occupier of land contiguous to the portion of such scheduled trout waters in which such person is found fishing and such occupier is entitled to fishing rights in that portion and is the holder of a trout rod (riparian owner's) licence for the time being in force issued by the board of conservators for such fishery district and valid for that portion, or (d) such person is the holder of a trout rod (juvenile) licence for the time being in force issued by such board of conservators. (11) If any person acts in contravention of sub-section (10) of this section such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one pound. Reduction of licence duty on salmon rod licences issued on or after 1st July. 10.—Where any board of conservators for a fishery district resolves that a salmon rod licence in such district may, if purchased on or after the 1st day of July, be issued and shall be obtainable on payment of the licence duty of one pound, such resolution shall have effect during the year commencing next after the date of the passing thereof and shall continue to have effect to the end of any year during which it may be rescinded. Right of holder of salmon rod licence to fish for trout. 11.—The holder of a salmon rod licence issued in a particular fishery district shall be entitled to fish with a single rod and line for trout in that district during the period to which such salmon rod licence applies without holding any other licence. Alteration of licence duties on certain nets and provision for payment thereof by instalments. 12.—(1) The First Schedule to the Fisheries Act, 1925 (No. 32 of 1925), is hereby amended by the insertion therein of the following rates of licence duties in lieu of the several duties mentioned at numbers 3 and 4 of the said Schedule, that is to say:— 3. Draft nets or seines £5 0 0 4. Drift nets of any length £5 0 0 and the Fisheries Acts, 1842 to 1937, shall be construed and have effect accordingly. (2) Where, not later than the first day of the open season for fishing with engines other than single rod and line in any year for a fishery district, an application is made to the board of conservators for such fishery district for a licence to fish with a draft net or seine or a drift net, and the applicant tenders with his application one moiety of the licence duty payable in respect of such licence— (a) such board of conservators shall issue such licence to the applicant subject however to the condition (which shall be endorsed on such licence) that the balance of the said licence duty shall be paid not later than the thirtieth day after the first day of such open season, (b) if such condition is not complied with such licence shall on and after the expiration of the said thirtieth day cease to be in force. Forfeiture of licences. 13.—(1) Where— (a) a person is convicted of an offence under the Fisheries Acts, or this Act, and (b) such person is the holder of a licence or licences to fish for salmon or trout, the court by whom such person is convicted may, in addition to any other penalty, direct such licence or licences to be forfeited. (2) Where a licence is directed to be forfeited under this section, such licence shall thereupon cease to be in force. Boards of Conservators. Right of payers of fishery rate to vote at elections. 14.—(1) Where— (a) a person who is the rated occupier of a fishery (the valuation of which under the Valuation Acts is less than fifty pounds) situate in a particular electoral division has paid the fishery rate on such fishery for the fishery year next preceding a fishery year in which an election of the conservators for that electoral division is held, and (b) the amount of such fishery rate is one pound or more, the following provisions shall have effect, that is to say:— (c) such person or an attorney or agent duly appointed under section 3 or 4 of the Fisheries (Ireland) Act, 1850, shall be entitled to vote at such election and to have, thereat the following number of votes, that is to say:— (i) if the amount of such fishery rate is less than three pounds, one vote, (ii) if the said amount is less than six pounds but not less than three pounds, two votes, (iii) if the said amount is less than ten pounds but not less than six pounds, three votes, (iv) if the said amount is not less than ten pounds, four votes; (d) the production of a receipt for the second moiety of such fishery rate shall be sufficient evidence of the right of such person or attorney or agent to vote at such election. (2) Nothing in sub-section (1) of this section shall affect the right of any person to vote at an election of conservators in accordance with the amount of licence duty paid by him. Right of licence holders to vote at elections. 15.—(1) No person shall be entitled to vote at an election of a board of conservators in respect of the licence duty on an engine (other than a salmon rod licence) used in the taking of fish in a several fishery save only the person whose name is contained on the licence issued in respect of such engine. (2) The payment of a licence duty on a fixed engine used in the taking of fish shall not entitle the person by whom such duty is paid or any other person to vote at an election of a board of conservators for an electoral division other than the electoral division in which such engine is situate. (3) Where a licence in respect of any engine used in the taking of fish is issued after the 31st day of July in any year, the licence duty paid for such licence shall not be taken into account in computing the amount of licence duty paid for the purpose of determining the voting rights at an election of conservators held in that year. (4) The sum of one pound paid in respect of a salmon rod licence issued on or after the 1st day of July shall not be taken into account in computing the amount of licence duty paid for the purpose of determining voting rights at any election of conservators. (5) The sum paid in respect of a trout rod licence shall not be taken into account in computing the amount of licence duty paid for the purpose of determining voting rights at any election of conservators, other than an election held under the provisions of the next following section. Representation of trout anglers on boards of conservators. 16.—(1) Where in any fishery district the number of trout rod licences issued during any year in which an election of a board of conservators for such district takes place amounts to at least fifty per cent. of the number of salmon rod licences which have been issued in such district during such year and for which the licence duty of two pounds has been paid, the following provisions shall have effect, that is to say:— (a) in case the number of such trout rod licences is at least fifty per cent. of and not more than seventy-five per cent. of the number of such salmon rod licences, the holders of such trout rod licences may elect one of their number as a representative to sit on such board of conservators; (b) in any other case, such holders may elect two of their number as representatives to sit on such board of conservators. (2) The following provisions shall have effect in relation to any person elected under sub-section (1) of this section in any year as a representative to sit on a board of conservators for a district that is to say:— (a) such person shall, subject to the provisions of the Fisheries Acts, and this Act, so far as those provisions are applicable, sit and act as a conservator on such board and shall be additional to the number of conservators to be elected for such district under the Fisheries Acts; (b) such person shall, unless he sooner dies, resigns or becomes incapable or disqualified, hold office during the period of office of the ordinary conservators elected for such district in the year in which such person is elected; (c) if such person during his period of office dies, resigns or becomes disqualified from acting as a conservator, such board may at or before the second meeting after such death, resignation or disqualification co-opt in his place another person, who is the holder of a trout rod licence issued by such board, to fill during the residue of the term of office of such board, the vacancy created by such death, resignation or disqualification. (3) The Minister may by regulations make such provisions as he thinks proper in relation to elections under sub-section (1) of this section, and every such election shall be carried out in accordance with such regulations. (4) At any election under sub-section (1) of this section a person who is the holder of a trout rod licence shall be entitled to one vote and no more, whether he is or is not the holder of more than one trout rod licence. (5) In this section the expression “trout rod licences” shall not include trout rod (juvenile) licences. Inquiries in respect of boards of conservators. 17.—(1) The Minister may at any time, if he thinks fit, order an inquiry into the performance of its duties by any board of conservators and may appoint any person to hold such inquiry. (2) A person (in this section referred to as an authorised person) appointed under sub-section (1) of this section to hold an inquiry under this section into the performance of their duties by a board of conservators may do all or any of the following things, that is to say:— (a) summon witnesses to attend before him at such inquiry; (b) examine on oath (which such person is hereby authorised to administer) witnesses attending before him at such inquiry; (c) require any such witnesses to produce any documents in their power or control the production of which such person considers necessary for the purpose of such inquiry. (3) A witness before an authorised person holding an inquiry shall be entitled to the same immunities and privileges as if he were a witness before the High Court. (4) If any person— (a) on being duly summoned to attend as a witness before an authorised person holding an inquiry makes default in attending, or (b) so being in attendance as a witness, refuses to take an oath legally required by such authorised person to be taken, or to produce any document in his power or control legally required by such authorised person to be produced by him, or to answer any question to which such authorised person may require an answer, 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. (5) Where a person (not being an officer of the Minister) is appointed to hold an inquiry under this section, such person shall be paid such remuneration and such allowances for expenses as the Minister may with the consent of the Minister for Finance determine. (6) Where an inquiry in relation to a board of conservators has been held under this section, the Minister shall certify the amount of the expenses incurred by the Minister in relation to such inquiry, and the amount so certified shall be recovered by the Minister from the revenue of such board. (7) Any sum recovered by the Minister under the next preceding sub-section of this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct. (8) An offence under this section may be prosecuted by the Minister. Power to dissolve boards of conservators. 18.—(1) If and whenever— (a) the Minister is satisfied after holding under this Act an inquiry into the performance of its duties by a board of conservators that the duties of such board are not being duly and effectually discharged by such board, or (b) a board of conservators wilfully neglects to comply with any lawful order, direction, or regulation of the Minister, or fails to comply with any judgment, order or decree of any court, the Minister may by order dissolve such board of conservators and either order (under the power hereinafter conferred on him) a new election of members of such board or transfer the funds, books and other property and the several powers, duties and liabilities of such board to any body or person he shall think fit. (2) Whenever the Minister makes an order under this section dissolving a board of conservators he may appoint such and so many persons as he shall think fit to perform the duties of such board of conservators and may from time to time remove all or any such persons and appoint others in their place, and may fix the tenure of office, duties and remuneration of and the security (if any) to be given by all such persons. (3) The remuneration of all persons appointed under the next preceding sub-section of this section to perform the duties of a board of conservators shall be paid out of the revenue of such board of conservators as part of the expenses of performing its duties. (4) Where a person serving in the Civil Service is appointed under sub-section (2) of this section to perform the duties of a board of conservators, there shall be recouped from the revenue of such board of conservators to the Exchequer in such manner as the Minister for Finance may direct, the salary of such person and also such charges in respect of superannuation and other allowances and gratuities payable under the Superannuation Acts for the time being in force to or in respect of such person as the said Minister shall determine to be proper. (5) At any time after a board of conservators has been dissolved under this section the Minister may, if and when he so thinks fit, by order cause a new election of members of such board to be held, and upon the completion of such new election all the property, powers, and duties of the dissolved board of conservators shall vest in the body so elected, notwithstanding that the same may have been transferred by the Minister under this section to any other body or person. (6) Whether or not a new election of members of a board of conservators has been held in pursuance of an order made under the next preceding sub-section of this section, the next subsequent election of members of such board of conservators shall be held on the next occasion on which an election of such members would have been required by law to be held if such board had not been dissolved, and thereupon all the property, powers and duties of the dissolved board of conservators shall vest in the body so elected. (7) The Minister may from time to time by order do all such things and make all such regulations as in his opinion shall be necessary for giving full effect to any order made by him under this section. Disqualification for membership of board of conservators. 19.—Where a person is convicted of an offence under the Fisheries Acts, or under this Act, the following provisions shall have effect, that is to say:— (a) such person shall upon such conviction be disqualified from being elected to be a member of a board of conservators for a period of seven years from the date of such conviction; (b) if such person is an elected member of a board of conservators, he shall upon such conviction cease to be a member of such board, (c) if such person is at the date of such conviction possessed of or subsequently becomes possessed of, as rated occupier (either alone or with other persons), a several or exclusive fishery valued under the Valuation Acts at fifty pounds yearly or upwards, the rights conferred by section 6 of the Fisheries (Ireland) Act, 1848, as amended by section 7 of the Fisheries Act, 1925 (No. 32 of 1925), and this Act, shall cease to be exercisable by such person for a period of seven years from the date of such conviction; (d) if such person is an agent of another person qualified as an ex-officio conservator under section 6 of the Fisheries (Ireland) Act, 1848, as so amended, he shall cease thereafter to be qualified to act as an agent for such other person in that other person's capacity as an ex-officio conservator for a period of seven years from the date of such conviction; (e) such person shall thereafter be disqualified from being appointed an agent under section 4 of the Fisheries (Ireland) Act, 1850, for a period of seven years from the date of such conviction. Ex-officio members of boards of conservators. 20.—(1) Section 6 (which relates to ex-officio conservators) of the Fisheries (Ireland) Act, 1848, as amended by section 7 of the Fisheries Act, 1925 (No. 32 of 1925), shall be construed and have effect as if there were substituted— (a) for the words “owner, lessee or occupier” the words “rated occupier”, and (b) for the words “owners, lessees or occupiers” the words “rated occupiers”. (2) No person shall be deemed an ex-officio member of a board of conservators under section 6 of the Fisheries (Ireland) Act, 1848, as amended by section 7 of the Fisheries Act, 1925 (No. 32 of 1925), while any liability of such person in respect of fishery rate payable by him to such board remains undischarged for a period of more than fourteen days from the date on which such fishery rate became payable. Officers and servants of boards of conservators. 21.—The period of office of the clerk or of any other officer or servant of a board of conservators shall not be terminated by reason only of the retirement or removal from office of the members of such board. Rates on Fisheries. Recovery of fishery rates. 22.—Whenever any person (in this section referred to as the rated person) rated in respect of a fishery for fishery rate fails to pay a moiety of such fishery rate within one month after the day on which such moiety is required by sub-section (5) of section 13 of the Fisheries Act, 1925 (No. 32 of 1925), to be paid, such moiety shall be recoverable (at the option of the person entitled by law to collect and recover the same) from the rated person or from any person who, when such fishery rate was made or at any subsequent time, held, used, or occupied the said fishery, and if such last-mentioned person is a tenant of the rated person, he may, unless the contract of tenancy provide for the payment of fishery rate by the tenant, deduct the amount of any fishery rate so recovered from him from any rent payable to the rated person. Protection of Fisheries. Prohibition of use, etc., of certain devices for taking salmon or trout. 23.—(1) Subject to the provisions of this section, no person shall, for the purpose of taking any salmon, or trout, use or have in his possession or control in any lake, river, or estuary or on or near the banks thereof any light or fire of any kind nor any otter, spear, strokehaul, gaff, or other instrument of a similar kind. (2) Any person who shall use or have in his possession or control any light, fire, or instrument in contravention of this section 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 or, at the discretion of the Court, to imprisonment for any term not exceeding twelve months. (3) Every person who is convicted of an offence under this section shall forfeit the light or fire used in the commission of the offence of which such person is convicted and the means or materials by which such light or fire was produced and also any instrument used by such person in the commission of such offence. (4) The prohibition contained in this section shall not extend to the use, possession, or control by any person of a gaff used or to be used solely as auxiliary to lawful angling with rod and line between sunrise and one hour after sunset, or used or to be used by the licensee of any lawful weir, box, or crib solely for the purpose of removing fish therefrom or to the use, possession, or control by any person of an eel spear used for taking eels. Restriction on possession of illegal net, etc. 24.—(1) No person shall have in his possession or control in any lake, river, or estuary or in any part thereof or on or near the banks of any lake, river, or estuary or of any particular part thereof any net or other instrument or lure or bait the use of which in such lake, river, or estuary or such particular part thereof (as the case may be) for the purpose of taking salmon, trout, or other fish is unlawful. (2) Any person who shall have in his possession or control any net or other instrument or lure or bait in contravention of this section 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 or, at the discretion of the Court, to imprisonment for any term not exceeding twelve months and shall forfeit such net, or other instrument, or lure or bait. (3) Where— (a) a person is found in possession of or has in his control any net in the vicinity of the boundary between the tidal and freshwater portions of any river or lake, and (b) by reason thereof such person is charged with an offence under this section, it shall be a good defence to such charge for such person to prove that he is the holder of a licence to use such net in such tidal waters and that such net is intended for use in such tidal waters. Protection of rivers from pollution. 25.—(1) No pit, tank, conduit, pipe-line or other receptacle containing or conveying or intended to contain or convey any deleterious or poisonous matter shall be constructed within thirty yards of the bank of any river, lake, or natural or artificial watercourse, unless such provision as the Minister shall have approved has been made for effectually preventing the passage therefrom of any deleterious or poisonous liquid or washings or drainage from any deleterious or poisonous matter into such river, lake or water-course. (2) Any existing pit, tank, conduit, pipe-line or other receptacle situated within thirty yards of the bank of any river, lake, or natural or artificial water-course and constructed or used for the above purpose shall, within six months after the commencement of this section, have such alterations made therein or such provisions added thereto as shall effectually, and to the satisfaction of the Minister, prevent the passage therefrom of any deleterious or poisonous liquid or washings or drainage from any deleterious or poisonous matter into such river, lake or watercourse. (3) Any person doing anything prohibited or any owner, occupier or user of any such pit, tank, conduit, pipe-line or other receptacle failing to do anything required to be done by either of the above sub-sections shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first offence under this section, to a fine not exceeding ten pounds in respect of every day during which such offence shall continue, and, in the case of a second or subsequent offence under this section affecting the same river, lake, or watercourse, to a fine not exceeding twenty pounds in respect of every day during which such offence shall continue, and to imprisonment for a period not exceeding twelve months. Use of poison, etc., or explosives. 26.—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 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. Inclusion of portion of the month of October in the close season. 27.—(1) The period commencing on the 13th day of October and ending on the 31st day of that month shall, in respect of every river and fishery district, be included in and form part of the close season for angling for salmon or trout with single rod and line, but the foregoing provision of this sub-section shall be without prejudice to the operation of any statutory instrument made under the Fisheries Acts and in force at the commencement of this section whereby the said close season includes a greater portion of the said month of October. (2) No power now subsisting under any Act of altering a close season shall extend to or authorise the excluding of the period named in the immediately preceding sub-section from the close season in respect of any river or fishery district for angling for salmon or trout with single rod and line. Breach of weekly close time. 28.—(1) Where an offence under section 46 of the Fisheries (Ireland) Act, 1850, has been committed in relation to any fishery, then if— (a) such offence was committed by a person in the employment or under the control of the owner or occupier of such fishery, or (b) such offence was committed by a person (other than such owner or occupier or a person in the employment or under the control of such owner or occupier) and was facilitated by the failure of such owner or occupier to take reasonable precautions against the commission of such offence, such owner or occupier shall also be deemed to be guilty of such offence and shall be liable to be proceeded against and punished accordingly. (2) Where— (a) an offence under section 46 of the Fisheries (Ireland) Act, 1850, has been committed in relation to any fishery by a person in the employment or under the control of the owner or occupier of such fishery, and (b) such owner or occupier is, by virtue of the immediately preceding sub-section, charged with such offence, it shall be a good defence for such owner or occupier to prove— (i) in case the offence is based on failure to do any act required to be done by the said section 46, that he used due diligence to ensure that the said act was done and that such failure was not occasioned by his directions or wilful default, (ii) in case the offence is based on the commission of any act prohibited by the said section 46, that be used due diligence to prevent such commission, and that the said act was done without his consent, connivance or wilful default, and (iii) in every case, that on being charged with the offence he gave to the person charging him all information in his power with respect to the person who (as the case may be) failed to do any act required to be done by the said section 46 or did any act prohibited by the said section 46. Provisions in Relation to Fishing Weirs and Dams. Construction of free gaps in fishing weirs. 29.—(1) Whenever, notwithstanding any decision made by the Special Commissioners under the provisions of the Salmon Fishery (Ireland) Act, 1863, or any court of competent jurisdiction prior to the passing of this Act, the Minister is satisfied that there is not in a fishing weir a gap in accordance with section 9 of that Act, the Minister may cause to be served on the occupier of such fishing weir a notice requiring such occupier to construct, in accordance with the said section 9 and within the time (not being less than one month from the service of such notice) specified in such notice, a free gap in such fishing weir. (2) Where a notice has been served under sub-section (1) of this section on the occupier of a fishing weir, such occupier may, within one month after the service of such notice, apply to the Judge of the Circuit Court within whose jurisdiction such fishing weir is situate for an order quashing such notice on the ground that there is already in such fishing weir a free gap in accordance with section 9 of the Salmon Fishery (Ireland) Act, 1863, and thereupon the following provisions shall have effect, that is to say:— (a) such occupier shall give notice to the Minister of the application; (b) such occupier and the Minister shall be entitled to appear on the hearing of the application and to adduce evidence; (c) if such Judge is satisfied that there is already in such fishing weir a free gap in accordance with the said section 9, he shall quash such notice and direct the Minister to pay to such occupier the costs of the occupier of and incidental to the application, and such notice shall be deemed not to have been served; (d) if such Judge is not so satisfied he shall refuse the application and direct such occupier to pay to the Minister the costs of the Minister of and incidental to the application, and may also amend such notice by extending the time specified in such notice for compliance therewith;. (e) the decision of such Judge on the application shall be final and conclusive and not appealable. (3) Where a notice has been served under sub-section (1) of this section on the occupier of a fishing weir, and such occupier has not complied with the requirements of such notice, the following provisions shall have effect, that is to say:— (a) such occupier shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not less than fifty pounds nor more than one hundred pounds, (b) the Minister may, (whether proceedings have or have not been taken against such occupier under paragraph (a) of this sub-section) by himself, his officers or any other person enter on such fishing weir and any land adjoining such fishing weir and construct a free gap in such weir. (4) Where the Minister constructs under this section a free gap in a fishing weir he shall be entitled to recover as a simple contract debt in any court of competent jurisdiction from the occupier of such fishing weir the expenses incurred by the Minister in constructing such free gap. (5) Whenever the Minister is entitled under this section to recover any expenses, a certificate sealed with the official seal of the Minister and certifying the amount of such expenses shall be prima facie evidence of the amount of such expenses. (6) Where any consequential damages arise out of the construction by the Minister of a free gap in a fishing weir, the occupier of such fishing weir shall be liable for such damages. (7) Where a free gap has been made in a fishing weir under this section, rules 2, 3 and 4 set out in section 12 of the Salmon Fishery (Ireland) Act, 1863 shall apply in respect of such free gap. (8) Nothing in this section shall be construed as affecting section 19 of the Shannon Fisheries Act, 1935 (No. 4 of 1935). (9) This section shall not apply in respect of any fishing weir which was the subject of an order under section 11 of the Salmon Fishery (Ireland) Act, 1863. (10) An offence under this section may be prosecuted by the Minister. Fish passes in dams and repair of dams. 30.—(1) Whenever the Minister is satisfied that any dam, constructed or placed (whether before or after the passing of this Act) in or across any river frequented by salmon is so constructed or maintained as not to permit and allow of, in one or more parts thereof, the free run or migration of salmon, trout, and other fish at all periods of the year, the Minister may cause to be served on the occupier of such dam, a notice requiring such occupier to execute within the time (not being less than one month from the service of such notice) specified in such notice such repairs (including alterations or additions) to such dam as shall appear to the Minister to be necessary or desirable for the purpose of affording a free and uninterrupted passage to the fish frequenting such river. (2) Where a notice has been served under sub-section (1) of this section on the occupier of a dam used in connection with a mill or factory and such occupier, within one month after such service, represents in writing to the Minister that compliance with such notice would adversely affect the operation of such mill or factory, the Minister shall cause a fit and proper person to enquire into and report to him upon such representation, and upon the making of the report the following provisions shall apply, that is to say:— (a) if the report discloses that the execution of the repairs specified in such notice would involve a reduction of more than five per cent. in the working horse power which was available to such mill or factory up to the date of the service of such notice (as measured when the level of the water at such dam is at the average level of the crest of such dam), the Minister shall withdraw such notice and inform such occupier accordingly; (b) if the report discloses that the execution of the said repairs would not involve such a reduction, the following provisions shall have effect, that is to say:— (i) the Minister shall serve a copy of such report on such occupier, (ii) such occupier may, within fourteen days after the service of such copy, send to the Minister a statement in writing objecting to the report and specifying the grounds of his objection, (iii) if an objection is so sent to the Minister, then— (I) the Minister shall refer the matter to the President of the Institute of Civil Engineers in Ireland or some person appointed by the said President who may, after investigating the matter, either, as he thinks fit, agree or disagree with the report, (II) if the person investigating the matter disagrees with the report, the Minister shall withdraw such notice, (III) there shall be paid to the person investigating the matter such fee as the Minister, with the consent of the Minister for Finance, may fix, and there shall, in case such person agrees with the report, be paid to the Minister by such occupier a sum equal to the said fee and such sum shall be recoverable by the Minister as a simple contract debt in a court of competent jurisdiction, and when so paid to, or recovered by, the Minister shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct. (3) Whenever the Minister is satisfied that any dam constructed or placed (whether before or after the passing of this Act) in any river is so constructed or is so maintained that water which would otherwise be available for the free passage and migration of fish over or past such dam leaks or escapes through or past such dam (otherwise than by being used for the purpose for which it is sustained by such dam) and is thereby not available for such free passage and migration, the Minister may cause to be served on the occupier of such dam a notice requiring such occupier to execute within the time (not being less than one month from the service of such notice) specified in such notice such repairs (including renewals and reconstruction) to such dam as shall appear to the Minister to be requisite and shall be specified in such notice. (4) Where a notice has been served under either sub-section (1) or sub-section (3) of this section on the occupier of a dam, and such occupier has not complied with the requirements of such notice, the following provisions shall have effect, that is to say:— (a) such occupier shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not less than fifty pounds or more than one hundred pounds, (b) the Minister may (whether proceedings have or have not been taken against such occupier under paragraph (a) of this sub-section), by himself, his officers or any other person enter on such dam and any land adjoining such dam and execute on such dam the repairs specified in such notice. (5) Where the Minister executes under this section any repairs to a dam he shall be entitled to recover as a simple contract debt in any court of competent jurisdiction from the occupier of such dam the expenses incurred by the Minister in the execution of such repairs. (6) Whenever the Minister is entitled under this section to recover any expenses, a certificate sealed with the official seal of the Minister and certifying the amount of such expenses shall be prima facie evidence of the amount of such expenses. (7) The Minister shall not be liable for any consequential damages to any property or person arising out of the execution by him of any repairs to a dam under this section. (8) Whenever the Minister is entitled under this section to serve a notice requiring repairs to a dam to be executed, the Minister may, before serving such notice, cause such dam to be inspected and examined, and any officer of the Minister or any other person appointed by the Minister to make such inspection and examination shall be entitled to enter for that purpose at all reasonable times on such dam and any land adjoining thereto. (9) The powers conferred on the Minister by this section shall be in addition to and not in substitution for the powers of the Minister under section 63 of the Fisheries (Ireland) Act, 1842. (10) An offence under this section may be prosecuted by the Minister. (11) In this and the next following section the word “dam” means any dam, weir, sluice, wall, embankment or other artificial work constructed or placed in or connected with any river for or in connection with the sustaining of water for navigation, irrigation, water supply, water power or any other purpose whatsoever. Alteration of abandoned and disused dams. 31.—(1) Whenever the Minister is satisfied that any dam constructed or placed in any river has been abandoned or disused for not less than five years or has not during that period effectively been used for the purpose for which it was constructed and directly or indirectly obstructs or contributes to the obstruction of the free passage and migration of fish or affords facilities for the illegal destruction of fish, the Minister may cause to be served on any person who appears to him to be the owner or the occupier of such dam a notice requiring such person to execute within the time (not being less than one month from the service of such notice) specified in such notice such alterations (including additions and complete or partial removal) of such dam as shall appear to the Minister to be requisite for securing the free passage and migration of fish or removing the facilities for the illegal destruction of fish (as the case may be) and shall be specified in such notice. (2) Where a notice has been served under the foregoing sub-section of this section and the alterations specified in such notice are not executed within the time specified in that behalf in such notice, the Minister may, by himself and his officers or by any other person, enter on the dam to which such notice relates and any land adjoining such dam and execute the said alterations of such dam. (3) Where the Minister executes under this section any alterations of a dam and is satisfied that such alterations became necessary by reason of the wilful neglect of the owner or the occupier of such dam, the Minister may recover as a simple contract debt in any court of competent jurisdiction from such owner or occupier the expenses incurred by the Minister in the execution of such alterations. (4) Whenever the Minister is entitled under this section to recover the amount of any expenses, a certificate sealed with the official seal of the Minister and certifying the amount of such expenses shall be prima facie evidence of the amount of such expenses. (5) Whenever the Minister is entitled under this section to serve a notice requiring alterations of a dam to be executed, the Minister may, before serving such notice, cause such dam to be inspected and examined, and any officer of the Minister or other person appointed by the Minister to make such inspection and examination shall be entitled for that purpose to enter at all reasonable times on such dam and any land adjoining thereto. (6) The Minister shall not be liable for any charges for the maintenance of any dam required by him to be altered or altered by him under this section, nor for any consequential damage to any property or person arising out of such alteration, or the carrying out thereof. (7) Whenever the Minister proposes, in relation to any abandoned or disused dam which was constructed or placed in a river for or in connection with the sustaining of water for navigation, to serve a notice or execute any alterations under this section, he shall consult with the Minister for Industry and Commerce before serving such notice or executing such alterations. Amendment of the Fisheries (Ireland) Acts, 1842 and 1850. 32.—The expression “mill or factory” wherever it occurs in section 63 of the Fisheries (Ireland) Act, 1842, or in section 39 of the Fisheries (Ireland) Act, 1850, shall be construed as including every machine, building, or other work by or for which water is taken or used for any purpose and the said sections shall have effect accordingly. Restriction on erection of new weirs in fresh-water. 33.—(1) It shall not be lawful for any person (other than the Electricity Supply Board in respect of a weir erected for the capture of eels) to erect in the freshwater portion of any river or in any lake any weir or other fixed engine for the capture of fish. (2) If any person erects a weir or other fixed engine in contravention of this section such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds. (3) Where any weir or other fixed engine is erected in contra vention of this section the Minister may cause such weir or other fixed engine to be demolished, and any expenses incurred by the Minister under this section shall be a debt due to the Minister by the occupier of such weir or other fixed engine and may be recovered as a simple contract debt in any court of competent jurisdiction. (4) Where the Minister is entitled under this section to recover the amount of any expenses, a certificate sealed with the official seal of the Minister and certifying the amount of such expenses shall be prima facie evidence of the amount of such expenses. (5) Nothing in this section shall be construed as precluding the erection and use by the Minister of traps for the capture of fish for the purpose of artificial propagation. (6) The provisions of this section shall not apply to long lines used solely for the capture of eels or to engines used for the capture of fish other than salmon, trout or eels. (7) An offence under this section may be prosecuted by the Minister. Restriction on use of certain weirs in freshwater. 34.—(1) It shall not be lawful for any person to use in the freshwater portion of any river or in any lake any weir or other fixed engine for the capt …