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14 1959

FISHERIES (CONSOLIDATION) ACT, 1959

Chapter VI.

Licences for Fishing for Oysters.

Restrictions on taking oysters.

277. —(1) If any person takes in a fishery district any oysters from an oyster fishery otherwise than by means of an oyster fishing engine in respect of which there is for the time being in force an oyster fishing licence authorising the use of such oyster fishing engine in that fishery district, 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 double and not more than treble the licence duty for the time being payable in respect of an oyster fishing licence.

(2) Where a person is convicted of an offence under this section and an oyster fishing engine was used in the commission of such offence, such oyster fishing engine shall, as a statutory consequence of conviction, stand forfeited.

Provisions in relation to oyster fishing licences.

278. —(1) Boards of conservators shall, in accordance with this section, issue licences (in this Act referred to as oyster fishing licences) in respect of oyster fishing engines.

(2) The period for which oyster fishing licences are to be issued shall be one year.

(3) An oyster fishing licence shall be valid and in force for the year specified in that behalf in the licence.

(4) A separate oyster fishing licence shall be issued for each separate oyster fishing engine.

(5) Every oyster fishing licence issued by the board of conservators for a fishery district shall—

(a) be in such form as the Minister may direct,

(b) state thereon—

(i) the year for which it is to be valid and in force,

(ii) the number or name of that fishery district,

(iii) the electoral division (being an electoral division of such fishery district) in which it is issued,

(iv) the oyster fishing engine to which it relates,

(v) the name of the person to whom it is issued,

(c) be sealed with the seal of such board of conservators.

(6) An oyster fishing licence shall be available for use in the fishery district of the board of conservators by which it was issued and in no other fishery district.

(7) Every oyster fishing licence shall operate to authorise, during the year specified therein and in the fishery district specified therein, the use of the oyster fishing engine specified therein, but subject to the provisions of the Acts and any instrument made thereunder.

Licence duty on oyster fishing licences.

279. —(1) Subject to subsection (2) of this section, the licence duty on each oyster fishing licence shall be two pounds.

(2) The Minister may, from time to time, by order, alter the licence duty in respect of an oyster fishing licence, so however that the licence duty in respect of such a licence shall not be so altered that it exceeds four pounds.

(3) Where the licence duty in respect of an oyster fishing licence is altered under subsection (2) of this section, the duty as so altered shall be payable in respect of any such oyster fishing licence which is to be valid for a period commencing on or after the 1st day of January next following the making of the order which effected the alteration.

Right to issue of oyster fishing licences.

280. —Where a person applies to a board of conservators for an oyster fishing licence and tenders the licence duty for the time being payable in respect thereof such board shall issue such licence to such person.