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14 1959

FISHERIES (CONSOLIDATION) ACT, 1959

PART VI.

Licences for Fishing for Salmon, Trout and Eels.

Chapter I.

Ordinary Fishing Licences.

Non-application of this Chapter to special tidal waters.

64. —This Chapter shall not apply to the use in any special tidal waters of a fishing engine for the taking of salmon or trout.

Penalty for using unlicensed scheduled engine, other than rod and line.

65. —(1) If any person uses or erects in any fishery district any scheduled engine, for the taking of salmon, trout or eels, in respect of which there is not for the time being in force an ordinary fishing licence authorising the use of that 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 ordinary licence duty for the time being payable in respect of an ordinary fishing licence to use that engine.

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

(3) This section does not apply to the use of rod and line.

Penalty for fishing for or taking salmon with rod and line by unlicensed person.

66. —(1) If—

(a) any person fishes for or takes or kills salmon with rod and line in a fishery district and

(b) such person is not the holder of a salmon rod ordinary licence which is for the time being in force and is available for use in that fishery district,

such person shall be guilty of an offence under this section and shall be liable on summary conviction to a fine of not less than double and not more than treble the ordinary licence duty for the time being payable in respect of a salmon rod (annual) ordinary licence, other than a salmon rod (annual) ordinary licence to which subsection (2) of section 68 applies.

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

Provisions in relation to ordinary fishing licences.

67. —(1) Every board of conservators shall, in accordance with this section, issue fishing licences (in this Act referred to as ordinary fishing licences) in respect of scheduled engines.

(2) (a) A board of conservators shall not issue salmon rod (late season) (district) ordinary licences unless there is for the time being in force an order under paragraph (b) of this subsection authorising that board of conservators to issue licences of that class.

(b) The Minister may by order (either on his own motion or on the application of the board of conservators) authorise a board of conservators to issue salmon rod (late season) (district) ordinary licences.

(c) The Minister may at any time by order revoke an order made under paragraph (b) of this subsection.

(3) (a) The periods for which ordinary fishing licences are to be issued shall be—

(i) in the case of salmon rod ordinary licences—seven days, twenty-one days, one year and a period of six months commencing on a first day of July,

(ii) in the case of other ordinary fishing licences—one year.

(b) Salmon rod ordinary licences issuable for seven days shall be called, and are in this Act referred to as, salmon rod (seven day) ordinary licences.

(c) Salmon rod ordinary licences issuable for twenty-one days shall be called, and are in this Act referred to as, salmon rod (twenty-one day) ordinary licences.

(d) Salmon rod ordinary licences issuable for a year and available for use in every fishery district shall be called, and are in this Act referred to as, salmon rod (annual) ordinary licences.

(e) Salmon rod ordinary licences issuable for a year and available for use in the fishery district of the board of conservators by which they were issued and in no other fishery district shall be called, and are in this Act referred to as, salmon rod (annual) (district) ordinary licences.

(f) Salmon rod ordinary licences issuable for a period of six months commencing on a first day of July and available for use in every fishery district shall be called, and are in this Act referred to as, salmon rod (late season) ordinary licences.

(g) Salmon rod ordinary licences issuable for a period of six months commencing on a first day of July and available for use in the fishery district of the board of conservators by which they were issued and in no other fishery district shall be called, and are in this Act referred to as, salmon rod (late season) (district) ordinary licences.

(4) (a) A salmon rod (seven day) ordinary licence shall be valid and in force for the period of seven days commencing on the date specified in that behalf in the licence.

(b) A salmon rod (twenty-one day) ordinary licence shall be valid and in force for the period of twenty-one days commencing on the date specified in that behalf in the licence.

(c) A salmon rod (late season) ordinary licence or a salmon rod (late season) (district) ordinary licence shall be valid and in force for the period of six months commencing on the date (being a first day of July) specified in that behalf in the licence.

(d) An ordinary fishing licence (other than a salmon rod (seven day) ordinary licence, a salmon rod (twenty-one day) ordinary licence, a salmon rod (late season) ordinary licence or a salmon rod (late season) (district) ordinary licence) shall be valid and in force for the year specified in that behalf in the licence.

(5) A separate ordinary fishing licence shall be issued for each separate fishing engine.

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

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

(b) state thereon—

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

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

(iii) unless it is a salmon rod (seven day) ordinary licence, or a salmon rod (twenty-one day) ordinary licence, or a salmon rod (late season) ordinary licence, or a salmon rod (late season) (district) ordinary licence or a salmon rod (annual) ordinary licence to which subsection (2) of section 68 applies or a salmon rod (annual) (district) ordinary licence to which subsection (3) of the said section 68 applies—the name of the electoral division (being an electoral division of such fishery district) in which it is issued,

(iv) the kind of fishing engine to which it relates.

(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 fishery district, in the electoral division of such fishery district in which such fishery is situate, or

(b) in any other case—

(i) if there is only one freshwater electoral division of such fishery district, in such freshwater electoral division, or

(ii) if there are two or more freshwater electoral divisions of such fishery district, in such one of the said divisions as the applicant may request.

(8) Where an application is made to a board of conservators for a licence for a fishing engine (being a fixed engine, a box in a fishing weir or a fishing mill dam or an eye, gap or basket for taking eels in or on a fishing weir or a fishing mill dam), such licence shall be issued in the electoral division in which such engine is situate.

(9) Every ordinary licence issued in respect of an engine for fishing (other than rod and line) shall contain on the face thereof—

(a) in the case of an engine to be 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 the notice, or

(b) in every other case, the name and address of the person paying the licence duty on such engine.

(10) Every ordinary fishing licence shall be sealed with the seal of the board of conservators by which it is issued.

(11) Each of the following ordinary fishing licences 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—

(a) an ordinary fishing licence (not being a salmon rod ordinary licence),

(b) a salmon rod (annual) (district) ordinary licence,

(c) a salmon rod (late season) (district) ordinary licence.

(12) A salmon rod ordinary licence (not being a salmon rod (annual) (district) ordinary licence or a salmon rod (late season) (district) ordinary licence) shall be available for use in every fishery district.

(13) Every salmon rod ordinary licence shall specify the name and address of the person to whom it is issued and such licence shall not be available for use by any person except the person named therein or be transferred to any other person.

(14) Every ordinary fishing licence (other than a salmon rod ordinary licence) shall operate to authorise the use, during the period specified therein and in the fishery district specified therein, of a fishing engine of the kind specified therein, but subject to the provisions of this Act and any instrument made thereunder.

(15) Every salmon rod ordinary licence (not being a salmon rod (annual) (district) ordinary licence or a salmon rod (late season) (district) ordinary licence) shall operate to authorise the person named therein, but no other person, to use, during the period specified therein and in every fishery district, a salmon rod, but subject to the provisions of this Act and any instrument made thereunder.

(16) Every salmon rod ordinary licence (being a salmon rod (annual) (district) ordinary licence or a salmon rod (late season) (district) ordinary licence) shall operate to authorise the person named therein, but no other person, to use, during the period specified therein and in the fishery district of the board of conservators by which it was issued, a salmon rod, but subject to the provisions of this Act and any instrument made thereunder.

(17) An ordinary fishing licence shall not be construed as giving or conferring any right of fishing or of using any engine for taking fish by any means or in any place which the person having or using the licence would not have possessed if this Act had not been passed or as altering or affecting the rights of any other person.

Duties on ordinary fishing licences.

68. —(1) (a) Subject to paragraphs (b) and (c) of this subsection, the ordinary licence duty in respect of a salmon rod ordinary licence of the class specified in column (2), (3), (4), (5), (6) or (7) of Part I of the Fourth Schedule to this Act shall be the sum set out in whichever of those columns relates to a salmon rod ordinary licence of that class.

(b) The Minister may, from time to time, by order alter the ordinary licence duty in respect of a salmon rod ordinary licence of a particular class specified in Part I of the Fourth Schedule to this Act, so however that the ordinary licence duty in respect of such a licence shall not be so altered that it exceeds twice the sum fixed in respect thereof by paragraph (a) of this subsection.

(c) This subsection does not apply to the ordinary licence duty payable in respect of—

(i) a salmon rod (annual) ordinary licence to which subsection (2) of this section applies, or

(ii) a salmon rod (annual) (district) ordinary licence to which subsection (3) of this section applies.

(2) (a) This subsection applies to a salmon rod (annual) ordinary licence which is valid for a particular year and is issued to a person who is the holder of a salmon rod (Foyle Area) licence which is valid for that year.

(b) Subject to paragraph (c) of this subsection the ordinary licence duty payable in respect of a salmon rod (annual) ordinary licence to which this subsection applies shall be ten shillings.

(c) Wherever the Minister makes, under paragraph (b) of subsection (1) of this section, an order altering the ordinary licence duty in respect of a salmon rod (annual) ordinary licence, he may by order alter the annual licence duty payable in respect of a salmon rod (annual) ordinary licence to which this subsection applies.

(3) (a) This subsection applies to a salmon rod (annual) (district) ordinary licence which is valid for a particular year and is issued to a person who is the holder of a salmon rod (Foyle Area) licence which is valid for that year.

(b) Subject to paragraph (c) of this subsection the ordinary licence duty payable in respect of a salmon rod (annual) (district) ordinary licence to which this subsection applies shall be ten shillings.

(c) Whenever the Minister makes, under paragraph (b) of subsection (1) of this section, an order altering the ordinary licence duty in respect of a salmon rod (annual) (district) ordinary licence, he may by order alter the annual licence duty payable in respect of a salmon rod (annual) (district) ordinary licence to which this subsection applies.

(4) (a) Subject to paragraph (b) of this subsection, the ordinary licence duty in respect of an ordinary fishing licence authorising the use of a fishing engine of a kind specified in column (2) of Part II of the Fourth Schedule to this Act at any reference number shall be the sum set out in column (3) of the said Part II at that reference number.

(b) The Minister may, from time to time, by order alter the ordinary licence duty in respect of an ordinary fishing licence authorising the use of a fishing engine of a kind specified in column (2) of Part II of the Fourth Schedule to this Act at any reference number, so however that the said ordinary licence duty shall not be so altered that it exceeds twice the sum specified in column (3) of the said Part II at that reference number.

(5) Where the licence duty in respect of a licence to use an engine (not being a scheduled engine) has been fixed under section 69 in respect of a particular fishery district, then, as respects such fishery district, the following provisions shall have effect—

(a) such engine shall for the purposes of this Act become and be a scheduled engine,

(b) the ordinary licence duty payable in respect of a licence to use such engine shall, subject to paragraph (c) of this subsection, be that so fixed under the said section 69,

(c) the Minister may, from time to time, by order alter the ordinary licence duty in respect of a licence to use such engine, so however that the ordinary licence duty in respect of such a licence shall not be so altered that it exceeds twice the sum fixed in respect thereof under the said section 69.

(6) Where the ordinary licence duty in respect of an ordinary fishing licence is altered under any of the following provisions of this section, namely, paragraph (b) of subsection (1), paragraph (c) of subsection (2), paragraph (c) of subsection (3), paragraph (b) of subsection (4) and paragraph (c) of subsection (5), the duty as so altered shall be payable in respect of any such ordinary 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.

Licence duties on engines not specified in Fourth Schedule, and restrictions on user of such engines.

69. —(1) Where a person proposes to use in any fishery district an engine (not being a scheduled engine), for fishing for salmon, trout, or eels, in respect of which no ordinary licence duty has been fixed under this section by the board of conservators for such fishery district, such person may apply in accordance with this section, to the said board of conservators to fix the ordinary licence duty in respect of an ordinary fishing licence to use such engine, and upon receipt of such application the said board of conservators may, with the approval of the Minister, fix such licence duty, regard being had as far as practicable to the estimated catching power of such engine as compared with scheduled engines.

(2) Every application under this section in relation to an engine shall contain a description of the engine, its estimated catching power as compared with scheduled engines, and the name by which it is to be designated.

(3) Where the board of conservators for a fishery district fixes, under subsection (1) of this section, the ordinary licence duty in respect of an ordinary fishing licence to use in that fishery district a non-scheduled engine, it shall cause to be published in some newspaper circulating in such fishery district notice of the fixing of such licence duty.

(4) Where the board of conservators for a fishery district fixes, in pursuance of an application under subsection (1) of this section, the licence duty in respect of a licence to use in that fishery district a non-scheduled engine, the following provisions shall have effect:—

(a) the applicant or any other person aggrieved by the amount of the licence duty so fixed, may, upon giving, within ten days after publication of notice of the fixing of the licence duty, to the county registrar for the county or county borough wherein the said engine is proposed to be used, and to the said board of conservators notice of intention to do so, appeal against the said amount,

(b) the said appeal shall be heard by the Judge of the Circuit Court, assigned to the Circuit which includes such county or county borough,

(c) the said Judge, after hearing the appellant and the said board of conservators, may, as he thinks fit, reduce, confirm or increase the amount of such duty and his decision shall be final,

(d) the decision on the said appeal shall relate back to the date on which such duty was fixed by the said board of conservators and accordingly—

(i) if the amount of such duty is reduced on the said appeal, the excess paid shall be refunded by the said board of conservators,

(ii) if the amount of such duty is increased on the said appeal, the payment already made shall operate by way of discharge pro tanto.

(5) If any person (other than the Minister) uses in any fishery district any non-scheduled engine, without previously having complied with subsections (1) and (2) of this section and without having deposited with the board of conservators of such fishery district such sum as the board may demand on account of the licence duty thereafter to be fixed in respect of such engine, then 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.

Agents for issue of ordinary fishing licences.

70. —(1) The board of conservators for a fishery district may appoint such and so many persons as it thinks fit to be agents of the board for the issue of ordinary fishing licences, and every person so appointed by a board of conservators shall be an authorised agent of that board for that purpose.

(2) The board of conservators shall take from every person who is an authorised agent of such board adequate security for duly accounting for any licence duty paid to him and for the due performance of his duty, and the cost of any allowance to be made for the issue of licences shall be part of the expenses of such board of conservators.

(3) Every authorised agent of a board of conservators shall furnish to such board of conservators an account of all licence duties received by him monthly or as often as it may require and shall set out in such account—

(a) the sums received by him for licences for each particular engine for taking fish, and

(b) the names and residences of the persons to whom licences were issued, and

(c) the electoral division for which each such licence was issued.

Right to issue of ordinary fishing licences.

71. —Where—

(a) a person applies to a board of conservators for a fishery district or to an authorised agent of such board of conservators for the issue to him of an ordinary fishing licence to use a specified engine for taking fish, and

(b) such person tenders to such board of conservators or authorised agent the ordinary licence duty payable in respect of such licence,

such board of conservators or authorised agent shall, subject to the provisions of this Act, issue such licence to that person.

Payment by instalments of ordinary licence duties on draft nets and drift nets.

72. —Where—

(a) not later than the first day of the open season for fishing with engines other than 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 for salmon with a draft net or a drift net, and

(b) the applicant tenders with his application one moiety of the licence duty payable in respect of such licence,

the following provisions shall have effect—

(i) 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,

(ii) 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.