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5 1952

FOYLE FISHERIES ACT, 1952

PART VI.

Protection of Fisheries.

Regulations as to Nets.

Restrictions on use of nets.

37. —If any person—

(a) makes use of or fishes with any net formed with a false bottom (except nets for the taking of eels), or

(b) places two or more nets one behind the other, or

(c) uses any nets covered with canvas, hide, or other substance for the purpose of taking small fish, or

(d) affixes or keeps up continued nets stretched across any river,

he shall be guilty of an offence against this Act.

Mesh of nets for the taking of salmon in the sea and tideways.

38. —(1) If, on any part of the coast or within any bay, estuary or tideway thereof, any person uses any net to which this section applies with a mesh of less size than one and three-quarter inches from knot to knot, to be measured along the side of the square, or seven inches to be measured all round each such mesh, such measurement being taken in the clear when the net is wet, then, subject to subsection (2) of this section, he shall be guilty of an offence against this Act.

(2) The Commission may by regulation under section 13 permit the use of nets to which this section applies having meshes of a less size than that specified in subsection (1) of this section.

(3) In this section the expression “net to which this section applies” means any net or other engine which is not formed of a rigid material and which is used for the taking of salmon.

Use of salmon nets near mouths of rivers.

39. —(1) If any person (other than the owner of a several fishery within the limits thereof) shoots, draws, or uses any net for taking salmon at the mouth of any river or within half a mile seaward or half a mile inwards or along the coast from the mouth of any river, he shall be guilty of an offence against this Act.

(2) If any person shoots, draws, or stretches any net entirely across the mouth or across any other part of a river, he shall be guilty of an offence against this Act.

(3) Where regulations under this Act define the mouth of any tributary river, references in this section to the mouth of any river shall be construed as including references to the mouth of that tributary river.

Restriction on possession of unlawful net, etc.

40. —(1) No person shall have in his possession or control in any river or on or near the banks of any river any net or other instrument or lure or bait the use of which for the purpose of taking salmon, trout or other fish is unlawful.

(2) Any person who has 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 against this Act.

(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, 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 and that such net is intended for use in such tidal portion.

Prohibition of Certain Methods of Fishing for, and of Practices Liable to Destroy, Salmon and Other Fish.

Use or possession of explosives.

41. —(1) In this section—

explosive” means dynamite or other explosive substance;

waters” means any river or any part of the sea coast.

(2) If any person employs in any waters any explosive for the purpose of capturing or destroying fish, he shall be guilty of an offence against this Act.

(3) If any person, being on the bank of or near any waters, has in his possession any explosive with intent to employ it for the purpose of capturing or destroying fish, he shall be guilty of an offence against this Act.

(4) Every person guilty of an offence under subsection (2) or (3) of this section shall be liable on summary conviction to a fine not exceeding one hundred pounds or to imprisonment for any term not exceeding twelve months or to both such fine and such imprisonment.

Use or possession of deleterious or poisonous matter.

42. —(1) If any person employs in any river any deleterious or poisonous matter for the purpose of capturing or destroying fish, he shall be guilty of an offence against this Act.

(2) If any person, being on the bank of or near any river, has in his possession any deleterious or poisonous matter with intent to employ it for the purpose of capturing or destroying fish, he shall be guilty of an offence against this Act.

Penalty for using etc., certain devices for taking fish.

43. —(1) If, for the purpose of taking any fish, any person uses or has in his possession or control in any river or on or near the banks thereof any light or fire of any kind, he shall be guilty of an offence against this Act.

(2) If, for the purpose of taking any fish, any person uses or has in his possession or control in any river or on or near the banks thereof, any otter, spear, strokehaul, gaff or other instrument of a similar kind, he shall, subject to subsection (3) of this section, be guilty of an offence against this Act.

(3) Subsection (2) of this section shall not apply to the use, possession or control of—

(a) a gaff used or to be used solely as an auxiliary to lawful angling between sunrise and one hour after sunset, or

(b) a gaff used or to be used by the holder of a fishing licence in respect of any box in a fishing weir or fishing mill dam solely for the purpose of lawfully removing fish therefrom, or

(c) an eel spear used for taking eels.

(4) Every person guilty of an offence under subsection (1) or (2) of this section shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds or to imprisonment for any term not exceeding twelve months or to both such fine and such imprisonment.

Fishing for salmon or trout in a river by cross lines.

44. —If any person takes, catches or fishes for any salmon or trout by means of cross lines in any river, he shall be guilty of an offence against this Act.

Damming, etc., river or mill race for purpose of taking salmon or trout.

45. —If any person dams, teems or empties any river or watercourse for the purpose of taking or destroying any salmon or trout, such person shall be guilty of an offence against this Act.

Taking fish unlawfully killed or found dead.

46. —(1) Every person who by any means removes or causes to be removed from any river—

(a) any salmon or trout which have been killed otherwise than by lawful means, or

(b) any salmon or trout which have been found dead, from any cause whatever, by such person,

shall be guilty of an offence against this Act.

(2) This section shall not apply to—

(a) any person acting under the authority of the Minister, or

(b) any member or officer of the Commission, or

(c) any owner of a fishery or his agent acting under the written authority of the Commission, or

(d) so far as respects the removal or causing to be removed of any diseased salmon or trout, or any salmon or trout found dead from any cause, any member of the Garda Síochána or any Sanitary Officer.

Protection of Young and Breeding Fish.

Taking, etc., spawn, smolts or fry of salmon or trout.

47. —If any person—

(a) wilfully takes, sells, purchases, or has in his possession the spawn, smolts or fry of salmon or trout, or

(b) wilfully obstructs the passage of the smolts or fry of salmon or trout, or

(c) injures or disturbs the spawn or fry of salmon or trout, or

(d) injures or disturbs any spawning bed, bank or shallow where the spawn or fry of salmon or trout may be,

he shall be guilty of an offence against this Act.

Disturbing fish on spawning beds.

48. —If any person disturbs fish on the spawning beds or attempts (except by means of lawful angling with rod and line) to catch fish thereon, he shall be guilty of an offence against this Act.

Penalties for taking, buying, etc., unseasonable salmon or trout.

49. —(1) Every person who at any time wilfully takes, kills, destroys, buys, sells, exposes for sale or has in his custody or possession any unclean or unseasonable salmon or trout, shall be guilty of an offence against this Act and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds or to imprisonment for any term not exceeding twelve months or to both such fine and such imprisonment.

(2) Where a person is charged with taking a salmon or trout in contravention of this section it shall be a good defence to prove that such salmon or trout was taken accidentally, and was returned without injury to the water immediately upon being taken.

Miscellaneous Offences.

Obstructing persons lawfully fishing.

50. —If any person obstructs any person lawfully engaged in fishing or in proceeding to or in returning from lawful fishing, such first-mentioned person shall be guilty of an offence against this Act.

Placing fishing engine with intent to prevent fish entering nets lawfully set.

51. —If any person wilfully and maliciously places any fishing engine with intent to prevent fish from entering the nets of any other person set and placed in a lawful manner such first-mentioned person shall be guilty of an offence against this Act.

Giving warning to persons unlawfully fishing.

52. —If any person gives or causes to be given or aids or assists in giving any signal or warning to any person engaged in fishing unlawfully of the approach of any member or officer of the Commission, member of the Garda Síochána, or river watcher appointed under section 56, he shall be guilty of an offence against this Act.

Agents for Fishery Owners.

Appointment.

53. —(1) Any fishery owner may by power of attorney under his hand appoint an agent to act for him for the purposes of this Act.

(2) All things which by this Act are directed to be done by or with relation to any person may be lawfully done by or with relation to an agent appointed by him under this section and the agent may be dealt with in all respects as that person himself might have been dealt with under this Act.

(3) Every agent appointed under this section shall have full power, in the name and on behalf of his principal, to take part in or act upon any inquiry, or prosecute, oppose or defend any complaint, appeal, action, writ, suit or other proceeding or to attend, vote at and take part in any meeting or do or suffer any other act for the purposes of this Act.

(4) Every person who appoints an agent under this section shall be bound by the acts of the agent, according to the authority committed to him, as fully as if that person had so acted.

(5) Every power of attorney under this section shall be produced, inspected or registered and copies and extracts thereof made at such times and places and in such manner as the Commission may prescribe.

(6) A power of attorney under this section may be in the following form—

“I, A. B. of ________________ hereby appoint C. D. of ________________ to be my lawful attorney to act for me in all respects as if I myself were present and acting, and I make this appointment under the Foyle Fisheries Act, 1952.

Dated this _______ day of _________________, 19 _____.

(Signed) A. B.”

(7) Where a person is convicted of an offence against this Act he shall thereafter be disqualified from being appointed an agent under this section for a period of seven years from the date of conviction.