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14 1959

FISHERIES (CONSOLIDATION) ACT, 1959

Chapter V.

Other Provisions relating to Sea Fisheries.

Penalty for use on the sea coast or within estuary of nets covered with canvas, etc.

237. —(1) If, on the sea coast or within any estuary, any person, except for the purpose of dredging for shell fish, uses any fishing engine, covered with canvas, hide or other material, by which undersized fish may be taken or destroyed, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

(2) Where a person is convicted of an offence under this section, any fishing engine in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.

Provisions in relation to herring and other nets.

238. —(1) If, during the daytime, any person—

(a) sets, either in the sea or in the tideway of any estuary, any net for the catching of herrings or any trammel net, or

(b) leaves any drag or other net in the water,

such person shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

(2) (a) If any person who has during the period between sunset and sunrise set, either in the sea or in the tideway of any estuary, any such net as is mentioned in subsection (1) of this section does not before sunrise haul up and remove such net, such person shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

(b) Where a person is charged with an offence under this subsection, it shall be a good defence to prove that he was prevented by sudden storm or stress of weather from hauling up and removing the net in relation to which the offence is charged.

(3) Where a person is convicted of an offence under subsection (1) or (2) of this section, any net in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.

(4) Neither subsection (1) nor subsection (2) of this section shall apply to—

(a) any fixed engine for the catching of salmon, or

(b) any seine net, or

(c) any drift net for the catching of pilchards or fish other than herrings, or

(d) any net, if and in so far as the use thereof is authorised by bye-laws made under subsection (5) of this section.

(5) The Minister may make bye-laws authorising the use during the daytime of any net on any part of the coast or the islands lying off such part, where such nets may, in the opinion of the Minister, be used during the daytime without injury to the fisheries.

Penalty for use of trawl or trammel nets in contravention of bye-laws.

239. —(1) If any person uses any trawl or trammel net at any season or any place, either in the sea or within the tideway of any estuary, when or where the use of it is prohibited by any bye-law made under this Act, 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 pounds.

(2) Where a person is convicted of an offence under this section, any net in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.

Use of beaches, etc. by fishermen for purposes of sea fishing.

240. —(1) All fishermen and persons employed by them may—

(a) enter upon all such beaches, strands and wastes on or adjoining the seashore or any estuary as may be necessary for the purpose of sea fishing, and

(b) draw up and spread their nets and land their fish upon such beach, strand or waste.

(2) If any person resists or forcibly obstructs any other person exercising any right conferred by subsection (1) of this section, such first-mentioned person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

(3) Subsection (1) of this section shall not be construed as authorising the erection of any fixtures or fixed engines on any beach, strand or waste on or adjoining the seashore, or any estuary.

Use by fishermen of land adjoining fishing places.

241. —(1) All watchmen, directors and guiders of fishermen, and all such fishermen themselves, and all such other persons as shall necessarily attend the nets or fishings at the times of fishing for sea-fish may enter any lands (not being an enclosed garden or any tillage land with a crop growing thereon) which lie near or adjoin any fishing place, fit, convenient and necessary to watch and to draw or carry fish on shore and there watch for the said fish and direct and guide the said fishermen who shall be upon the sea and sea coasts for the taking of the said fish.

(2) If any person resists or forcibly obstructs any other person exercising any right conferred by subsection (1) of this section, such first-mentioned person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

Bait beds.

242. —(1) It shall be lawful for the owner or occupier of any land bordering on the sea or any estuary, with the permission of the Minister, or for any person, with the consent of such owner or occupier and with the permission of the Minister, to form a bait bed on the seashore (except on a part thereof which is the site of a public bank or bed resorted to for bait) adjacent to such land.

(2) Where a bait bed is, in exercise of the power conferred by this section, planted adjacent to any land, then so long as such land remains in the ownership or occupation of the person in whose ownership or occupation it was at the time of such planting, the following provisions shall have effect:—

(a) the bait bed shall be the private property of the person by whom it was planted (in this subsection referred to as the proprietor), and the proprietor shall have exclusive control over it,

(b) the planting of the bait bed shall not give any exclusive right or title to the occupancy of the shore except for the purposes of the bait bed,

(c) subject to paragraph (a) of this subsection the planting of the bait bed shall not affect the free and full exercise of any public rights of fishing or other public rights what soever on or along the shore,

(d) if any person, without the consent of the proprietor, interferes with the bait bed, or takes away from the bait bed any bait, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

Fishing boats and gear, etc. picked up at sea to be delivered at nearest Garda Síochána station.

243. —(1) Any person who finds or picks up at sea any fishing boat, rigging, gear or other appurtenance of fishing boats or any net, buoy, float or fishing implement, shall as soon as possible deliver it up to the member of the Garda Síochána in charge of the nearest Garda Síochána station and such member shall be considered as agent of the receiver of wreck, and shall place it in the custody of the receiver.

(2) If any person wilfully contravenes subsection (1) of this section, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.