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14 1959

FISHERIES (CONSOLIDATION) ACT, 1959

Chapter IV.

Close Season for Oysters.

Close season for oysters.

271. —(1) In this Act, the expression—

the close season for oysters” means, in relation to any locality,—

(a) in case a bye-law under this Act is for the time being in force fixing the period during which it is unlawful to dredge for, take, catch or destroy any oysters in that locality, the period so fixed,

(b) in any other case, the period commencing on the 1st day of May in any year and ending on the 31st day of August in that year.

(2) The provisions set out in the Fifth Schedule to this Act shall apply in relation to bye-laws altering the close season for oysters.

Bye-laws prohibiting the dredging for, etc., oysters during a particular period.

272. —(1) The Minister may, on the application of any person interested in an oyster fishery in a particular locality, make, subject to this Act, a bye-law prohibiting, during such period (not exceeding three years) as he thinks proper, the dredging for, or the taking, catching or destroying of, oysters or oyster brood in that locality.

(2) The provisions set out in the Fifth Schedule to this Act shall apply in relation to the making of bye-laws under this section.

Penalty for dredging, etc. during the close season for oysters or during period specified in bye-law made under section 272.

273. —(1) If any person in any locality dredges for, takes, catches, destroys, has in his possession or custody, sells or buys any oyster or oyster brood during the period which is in relation to that locality the close season for oysters or during any period specified in a bye-law relating to that locality made under section 272 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 ten shillings and not more than five pounds.

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

(3) Nothing in subsection (1) of this section shall be construed as rendering unlawful—

(a) the removing, during the close season for oysters, of oyster brood from any oyster bed by the proprietor thereof or any person deriving under him, or

(b) the laying down, during the close season for oysters, of oyster brood in any oyster bed by the proprietor thereof or any person deriving under him.

Authority to dredge for oysters during close season for oysters.

274. —(1) The Minister may, for the purpose of replenishing and supplying any oyster bed the exclusive property of any person, authorise the dredging for and taking of oysters from any natural public bed lying below the level of the lowest water of spring tides during such part of the close season for oysters as the Minister thinks proper and specifies in the authorisation.

(2) If any oysters dredged or taken during any part, specified in any authorisation under subsection (1) of this section, of the close season for oysters are brought to shore by any person or sold or offered for sale by any person or are found in the possession of any person on land or are used by any person for any purpose other than replenishing or supplying any such artificial or other bed as is mentioned in the said subsection (1), 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.

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

Order permitting taking etc., foreign oysters during part of close season for oysters.

275. —(1) The Minister may, upon the application of any person possessed of or interested in any oyster fishery, make an order permitting the taking or having in possession of any foreign oysters during such part of the close season for oysters as the Minister may think fit to appoint for such purpose in any district or place.

(2) Where an application is made for an order under this section—

(a) the Minister shall cause a public inquiry into such application to be held,

(b) the Minister shall cause to be given, in accordance with section 322, notice of the time and place of such inquiry,

(c) the Minister shall appoint an officer to hold such inquiry,

(d) the Minister shall take no decision on the application until he has considered the report of the said officer.