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1 1980

FISHERIES ACT, 1980

CHAPTER II

Fisheries Regions and Regional Boards

Fisheries regions and regional boards.

10. —(1) (a) Subject to paragraph (b) of this subsection and to compliance with the requirement of subsection (2) of this section, the Minister may by order create, either by union, sub-division or otherwise, such regions (each of which is in this Act referred to as a “fisheries region”) as appear to him to be appropriate having regard to the purposes of this Act and such order shall specify the name of each fisheries region so created.

(b) An order under this section, other than the order referred to in subsection (2) of this section, shall not be made by the Minister without the consent of the Minister for the Public Service.

(2) As soon as may be after the passing of this Act an order shall be made by the Minister under subsection (1) of this section creating seven, and only seven, fisheries regions in the State and such order shall be the first order to be made under this section and shall come into force on the appointed day.

(3) Where an order is made under this section, there shall, by virtue of the order, be established in relation to any fisheries region created by the order a board (in this Act referred to as a “regional board”) and such board shall be known as “The_________ Regional Fisheries Board” (the name of the fisheries region being inserted) and shall perform as regards the fisheries region in relation to which it is established the functions assigned to a regional board by this Act.

(4) (a) A regional board shall be comprised of such number of members as shall be specified in the order establishing the relevant fisheries region and of whom—

(i) such number as shall be so specified shall be elected in pursuance of section 12 of this Act of whom such member or members (if any) as may be so specified shall be elected by a class or by such classes of electorate as may be so specified, and

(ii) subject to subsections (5) and (6) of this section, such number as shall be so specified shall be appointed by the Minister after such consultation as he considers appropriate.

(b) (i) Subject to subsection (11) (b) of this section, section 24 of this Act and Article 11 of Part II of the Second Schedule to this Act, every elected member of a regional board shall, unless he sooner resigns or becomes disqualified, hold office from the day next following the date of his election until midnight on the day on which the result of the next election for elected members of the board held in pursuance of section 12 of this Act is declared.

(ii) The term of office of a member of a regional board appointed under this subsection shall be fixed by the Minister at the time when the appointment is made and, subject to the said subsection (11) (b), section 24 and Article 11, shall be for a period not exceeding five years.

(c) A member of a regional board appointed or co-opted under subsection (4) or (5) of this section or Article 5 of Part II of the Second Schedule to this Act shall be eligible for nomination as a candidate and for election at an election held under this Act.

(5) (a) Notwithstanding anything otherwise contained in this Act, as soon as may be after the making of an order under subsection (1) of this section, subject to subsection (6) of this section, the Minister, after such consultation as he considers appropriate, shall as regards the regional board, or as may be appropriate, each of the regional boards, established by the order appoint such number of persons to be members of the board as shall be specified in the order.

(b) Subject to subsection (11) (b) of this section, section 24 of this Act and Article 11 of Part II of the Second Schedule to this Act, a person appointed to membership of a regional board under paragraph (a) of this subsection shall hold office during the period beginning on the date of his appointment and ending on the day immediately preceding the day on which the term of office of the members first elected under this Act to membership of the board commences.

(6) A person who is entitled under the Standing Orders of either House of the Oireachtas to sit therein, or who is for the time being a representative in the Assembly of the European Communities, shall not be eligible for appointment under this section by the Minister to membership of a regional board.

(7) The provisions contained in Part II of the Second Schedule to this Act shall apply to a regional board and for the purpose of applying the said provisions in relation to a particular regional board any reference in the said Schedule to “the Board” shall be construed as a reference to that particular regional board.

(8) Whenever the Minister by an order under this section creates a fisheries region he shall by reference to a map specified in the order appoint the boundaries of such fisheries region.

(9) (a) A fisheries region may include any of the following waters, namely, any waters situate in an area which immediately before the commencement of the order referred to in subsection (2) of this section comprised a fishery district and any other waters which are—

(i) in any area of the sea to which the internal or inland waters of the State extend by virtue of section 5 of the Maritime Jurisdiction Act, 1959 ,

(ii) in the portion of the sea which lies between the baseline for the purposes of the said Act and the line every point of which is on the seaward side and at a distance of twelve nautical miles from the nearest point of that baseline.

(b) The Minister may by order substitute for the reference to twelve nautical miles in paragraph (a) (ii) of this subsection a reference to a number of nautical miles specified in the order.

(c) In case an order under paragraph (b) of this subsection is for the time being in force, paragraph (a) (ii) of this subsection shall be construed and have effect as if for the reference therein to twelve nautical miles there were substituted a reference to the number of nautical miles specified in the order.

(d) Where waters are included in a fisheries region created under this section and by reason of the making or revocation of an order under this subsection such waters cease to be waters described in subparagraph (ii) of subsection (9) (a) of this section, then for so long as the aforesaid waters continue to be waters other than those so described the order creating the fisheries region shall have effect subject to the following modifications, namely, the waters so included shall be accordingly regarded as not being within the fisheries region and the relevant map prepared by the Minister in pursuance of subsection (8) of this section shall be regarded as having been modified to the extent necessary to place the waters so included outside the boundaries appointed by the order.

(10) The Minister may by order alter the boundaries of a fisheries region and an order under this subsection shall, by reference to a map specified in the order, indicate the boundaries of the relevant fisheries region or regions as altered by the order.

(11) (a) The Minister may by order alter the number of members of which a regional board is to be comprised, and in case the Minister makes such an order, the order shall specify the number of members of the regional board who are to be appointed by the Minister and the number of such members who are to be elected under this Act.

(b) In case the Minister makes an order under subsection (1) of this section, he may by the order reduce the number of members of any regional board other than that established by the order, and notwithstanding subsection (4) (b) (i) of this section such an order may provide for the termination in a specified manner of the term of office of specified members (whether elected or appointed) of such other regional board.

(12) (a) The Minister shall cause to be prepared maps showing, in such manner as the Minister thinks fit and indicates thereon, the boundaries of each of the several fisheries regions in existence for the time being.

(b) Paragraphs (b) to (e) of section 19 (3) of the Principal Act shall apply in relation to maps prepared under this subsection as they apply to maps prepared under that section and for the purposes of the foregoing each of the references in those paragraphs to the official maps shall be construed as including a reference to a map prepared under this subsection.

(13) The following provisions shall apply in relation to an order under this section creating a fisheries region (whether by union, subdivision or otherwise):

(a) the Minister may by the order provide that—

(i) all or any specified part of the property (other than property referred to in section 9 (1) of this Act), whether real or personal (including any right to recover any rate and any other chose-in-action), which immediately before the commencement of the order was vested in or belonged to or was held in trust or subject to conditions for—

(A) a board of conservators dissolved under section 34 of this Act and specified in the order, or

(B) a person who by virtue of the said section 34 ceases to be appointed under section 51 of the Principal Act, and is so specified, or

(C) a regional board for a fisheries region affected by the order and so specified,

and that all rights, powers and privileges relating to or connected with any such property, shall on such commencement, without any conveyance or assignment, but subject where necessary to transfer in the books of any bank, corporation or company, become and be vested in or the property of or held in trust or subject to conditions for (as the case may require) such regional board as is specified in the order,

(ii) every or any specified contract which was entered into and is in force immediately before the commencement of the order between such a board of conservators, person so appointed or regional board and any other person shall continue in force on and after such commencement, but shall be construed and have effect as if the board established by virtue of the order were substituted therein for the board or the person so appointed by whom the contract was entered into and that accordingly such contract shall be enforceable by or against the board so established,

(iii) every or any specified debt or other liability (including any unliquidated liability arising from torts or breaches of contract but excluding any liability transferred to the Central Board by virtue of section 9 (3) of this Act), which immediately before such commencement is owing and unpaid or has been incurred and is undischarged by such a board of conservators, person so appointed or regional board shall, on such commencement, become and be the debt or liability of the board established by virtue of the order and shall be paid or discharged by and may be recovered from and enforced against such board accordingly,

(iv) in case property transferred by the order was immediately before such commencement standing in the books of any bank or was registered in the books of any bank, corporation or company, such property shall, upon a request of the board established by virtue of the order being made any time after such commencement, be transferred by such bank, corporation or company into the name of such board,

(v) after such commencement any chose-in-action transferred by the order may be sued upon, recovered or enforced by the board so established in its own name and that it shall not be necessary for such board to give notice to the person bound by such chose-in-action of the transfer effected by the order,

(vi) where immediately before such commencement there are pending—

(A) in case the order is that referred to in subsection (2) of this section, any legal proceedings instituted by virtue of section 309 of the Principal Act by an officer or employee of such a board of conservators or person so appointed, or any other legal proceedings instituted by a person on behalf of, or instituted against a person on behalf of, such a board or a person so appointed,

(B) in the case of any other order under this section, any legal proceedings to which a regional board affected by the order is a party,

the name of the board so established shall be substituted for that of such board of conservators, person so appointed or regional board (as the case may require) and the proceedings shall not abate by reason of such substitution,

(vii) the making of the order shall not invalidate or affect any payable order or cheque or any authority given for the payment of the amount of any payable order or cheque, and that a regional board specified in the order shall make arrangements for the payment of the amount of orders and cheques which are of a class or description so specified upon due presentation within a reasonable time after the establishment of such board,

(b) the Minister may by the order modify a provision of this Act so far, but only so far, as is necessary for carrying the order into effect.

(14) In case the Minister by an order under this section creates a fisheries region by the union of two or more fisheries regions, each of the regional boards for the fisheries regions so united shall on the commencement of the order stand dissolved.

(15) Whenever the Minister makes an order under this section the following provisions shall apply, namely—

(a) he shall, as soon as may be, (in addition to causing notice of the making of the order to be published in the Iris Oifigiúil) cause such a notice to be published in one or more of the newspapers circulating in any fisheries region created by the order or to which the order otherwise relates, and

(b) he shall cause a copy of the order to be deposited with the County Registrar for every county and the District Court Clerk of every District Court District, within which the whole or any part of the fisheries region created by the order is situate.

Functions of and other provisions relating to regional boards.

11. —(1) (a) A regional board shall as regards its fisheries region—

(i) subject to the provisions of this Act, protect the fisheries in such region and generally enforce the Fisheries Acts, 1959 to 1980, therein,

(ii) within the period of two years beginning on the appointed day (or such longer period as the Minister may in any particular case allow) prepare and submit to the Central Board for its consideration an inland fisheries development programme.

(b) Where a regional board has prepared and submitted a development programme under this subsection it shall from time to time as occasion may require, and at least once in every five years from the date of the submission to the Central Board of the programme, review the programme and make in it any variations whether by way of alteration, addition or deletion which it considers proper and shall submit to the Central Board for its consideration the results of the review.

(c) A regional board shall—

(i) ensure that any fishery which is in the possession or occupation of the board or any fishery, hatchery or fish farm which by virtue of section 8 (2) of this Act is under the care and management of the board, is managed, conserved, protected, developed and improved, or otherwise dealt with, in accordance with both the current development programme prepared under this section by the board and any direction given by the Minister under section 8 (1) (b) of this Act and which is for the time being in force,

(ii) promote and encourage the management, conservation, protection, development and improvement in accordance with such development programme of the fisheries in its fisheries region which are not in such possession or occupation,

(iii) ensure that any oyster or other mollusc fishery situated in its fisheries region is protected in accordance with such of the provisions of any such direction as relate to a fishery of that kind, and

(iv) encourage, promote and develop angling for salmon, trout, coarse fish and sea-fish, and for the purposes of any or all of those kinds of angling provide such facilities and amenities (if any) as the regional board thinks fit.

(2) A regional board may, subject to the payment to it of such fees as it shall determine, provide such services regarding the management, conservation, protection or improvement of fisheries, or such other matter relating to fisheries, as it shall think fit.

(3) (a) Subject to Article 1 (b) of the Fourth Schedule to this Act, the power under Part V of the Principal Act of striking a rate on fisheries, in so far as before the commencement of this section it was exercisable by a board of conservators, and the powers under that Part to amend, collect and recover such a rate are, in so far as they apply to a fishery district, hereby assigned to the regional board concerned.

(b) Where a regional board strikes a rate on fisheries, the Minister in considering whether to confirm the rate with or without modification or to exercise the power conferred on him by section 55 of the Principal Act to strike a rate shall have regard to any relevant recommendation made by the Central Board under section 8 (1) (d) of this Act.

(4) The powers under the Principal Act to issue licences, for fishing for salmon or eels (other than salmon rod (twenty-one day) ordinary licences) and to issue oyster fishing licences which, immediately before the passing of this Act, were exercisable by a board of conservators shall, on and from the appointed day, be exercisable by a regional board.

(5) The amendments to the Principal Act or the Act of 1962 specified in the Fourth Schedule to this Act shall have effect as on and from the appointed day.

(6) (a) The Minister may, if he thinks fit, authorise a regional board to engage in the processing and marketing of such species of fish as are specified in the authorisation.

(b) (i) The Minister may by order provide for the issue by any regional board, on payment of such duty (if any) as may be specified in the order, of licences for fishing of a class or description specified in the order.

(ii) In case an order under this section provides for the issue of licences for fishing with engines which are not scheduled engines, then for so long as the order is in force the following provisions shall have effect, namely, any engine which is of a kind described in the order shall for the purposes of section 65 of the Principal Act be regarded as being a scheduled engine and any such licence shall for the said purposes be regarded as being an ordinary fishing licence.

(iii) In case an order under this paragraph is for the time being in force, the powers conferred by the order on regional boards shall be in addition to and not in substitution for the powers conferred on such boards by subsection (4) of this section.

(c) The Minister may by order assign to—

(i) regional boards generally,

(ii) regional boards of a particular class or description,

(iii) one or more particular regional boards,

such functions relating to fisheries (being functions additional to those assigned by this Act) as the Minister thinks fit.

(d) Duties payable as regards licences issued by virtue of this section shall be paid to the regional board by whom the licence is issued.

(e) In this Act “fishing licence”, when used without qualification, shall include a licence issued pursuant to an order under paragraph (b) of this subsection.

Election of members of regional boards.

12. —(1) Elections of members of a regional board, other than members appointed by the Minister under section 10 of this Act, shall in each election year be held in accordance with this Act as regards each fisheries region and each such election shall be conducted in accordance with this Act and regulations under this section.

(2) (a) Where a person is for the time being the holder of two or more licences issued under this Act the holding of any of which would under this Act, apart from this subsection, entitle him to vote at an election of members of a particular regional board, notwithstanding the fact that he is such a holder he shall be entitled to vote once and once only at the election.

(b) Where a person is for the time being a rate-payer who is entitled to vote at an election of members of a particular regional board and is either or both—

(i) the holder of any licence issued under, the Fisheries Acts, 1959 to 1980, the holding of which would under this Act, apart from this subsection, entitle him to vote at an election of members of that regional board,

(ii) registered in a Register of Trout, Coarse Fish and Sea Anglers and thereby entitled so to vote,

notwithstanding the fact that he is both such a rate-payer and such a holder, or as the case may be such a holder and so registered, he shall be entitled to vote once and once only at the election.

(c) Where a person is for the time being registered in a Register of Trout, Coarse Fish and Sea Anglers and is the holder of any licence issued under the Fisheries Acts, 1959 to 1980, the holding of which would under this Act, apart from this subsection, entitle him to vote at an election of members of that regional board, notwithstanding the fact that he is so registered he shall be entitled to vote once and once only at the election.

(3) (a) The Minister may make such regulations as he thinks proper in relation to elections under this section of members of regional boards.

(b) Without prejudice to the generality of paragraph (a) of this subsection, regulations under this subsection may provide for—

(i) the nomination of different classes of candidates for election as members of regional boards and for the election of such candidates by different classes of electors,

(ii) postal voting at elections under this section of members of regional boards.

(4) Where regulations under this section which are for the time being in force provide for the nomination of different classes of candidates for election as members of regional boards, subject to the provisions of this Act apart from this subsection, a person shall be entitled to be nominated as a candidate of one class, and one class only, at an election to which the regulations apply.

(5) The Minister shall by order fix the year in which elections of members of regional boards are first to be held under this Act.

Electorate for election of elected members of regional boards.

13. —(1) (a) Subject to section 12 (2) of this Act, every person who is the holder of an ordinary fishing licence or an oyster fishing licence which is valid for a particular election year and who is ordinarily resident in the State on the date fixed under this Act for the receipt of nominations at an election to be held under this Act in that year shall be entitled to vote at the election to be held in that year as regards the regional board by which the licence is issued.

(b) (i) Subject to section 12 (2) of this Act and to subparagraph (ii) of this paragraph, every person who for the time being is registered in a Register of Trout, Coarse Fish and Sea Anglers (other than a person who is so registered as non-voting) and who is ordinarily resident in the State on the date fixed under this Act for the receipt of nominations at an election to be held under this Act as regards the regional board by which the register is maintained, shall be entitled to vote at the election.

(ii) A person shall be entitled to vote pursuant to this paragraph at an election under this Act which is not the election first held as regards a regional board if, and only if, he has been registered in the register maintained by the board to which the election related for a continuous period of not less than three years ending on the day fixed under this Act for the receipt of nominations at the election.

(2) Every person who is the holder of a special local licence which is valid for a particular election year and who is ordinarily resident in the State on the date fixed under this Act for the receipt of nominations at an election to be held under this Act in that year shall, subject to section 12 (2) of this Act, be entitled to vote at the election in that election year of elected members of the regional board within whose fisheries region the special tidal waters to which the licence relates are situate.

(3) Where a person who is the rated occupier of a fishery has, as regards the fishery, for the time being complied with the requirements (if any) regarding the payment of fishery rates and contained in regulations made by the Minister for the purpose of this subsection, the following provisions shall have effect:

(a) subject to section 12 (2) of this Act, such person or his agent duly appointed under section 328 of the Principal Act shall be entitled to vote at an election of elected members of the regional board within whose fisheries region the fishery is situate, and

(b) in case regulations made for the purposes of this subsection are for the time being in force, the production of the receipt for the relevant fishery rate shall be sufficient evidence of the right of such person or his attorney or agent to vote at such election.

(4) References in this Act to the electorate of a fisheries region for an election year shall be construed as references to the persons who are, by virtue of this section, entitled to vote at the election of elected members of the regional board for that region to be held in that year.

Qualification for elected members of regional boards.

14. —A person shall not be eligible for election under this Act to membership of a regional board if on the day fixed under this Act for the receipt of nominations at the election—

(a) he is entitled under the Standing Orders of either House of the Oireachtas to sit therein,

(b) he is a representative in the Assembly of the European Communities,

(c) he is not entitled to vote at the election,

(d) he is an undischarged bankrupt,

(e) within the period of three years ending on such day he has made a composition with his creditors,

(f) within the period of seven years ending on such day he has been convicted of an offence under the Fisheries Acts, 1959 to 1980.

Postponement of elections of members of regional boards.

15. —(1) Notwithstanding anything contained in this Act the elections pursuant to this Act of members of regional boards may be held in a year which is later than that in which the elections would, apart from this section, fall to be held and which the Minister, if he thinks fit, fixes by order.

(2) In case the Minister makes an order under this section, the elections pursuant to this Act of members of regional boards, other than the elections to which the order relates, shall be held in each fifth successive year to that fixed by the order.

(3) Where an order under this section is proposed to be made, the Minister shall cause a draft of the order to be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.

(4) Section 36 of the Act of 1962 shall not apply as regards an order made by the Minister under this section.

Failure to elect elected members of regional board.

16. —(1) If the electorate for a fisheries region in any election year elect no elected members under section 12 of this Act, the previously existing elected members of the regional board concerned shall continue in office and be deemed to have been elected as such elected members in that election year.

(2) If at an election under this Act the electorate for a fisheries region elect fewer elected members than the number which could have been elected at the election, then there shall be deemed to have occurred immediately after the meeting of the regional board concerned first held after the election—

(a) in case the number of members who could have been so elected exceeds by one the number of members who were so elected, a casual vacancy,

(b) in case the number of members who could have been so elected exceeds by two or more the number of members who were so elected, casual vacancies equal in number to the excess.

Disqualification of member of regional board by non-attendance at meetings.

17. —(1) A member of a regional board who absents himself during a period of six consecutive months from all meetings of the Board shall be disqualified from continuing to be a member of such board and one fortnight after the expiration of such period his seat on such board, shall, subject to subsection (2) of this section, become and be vacant.

(2) (a) Whenever a member of a regional board is about to become or has been disqualified under subsection (1) of this section from continuing to be a member of such board, subject to paragraph (b) of this subsection, such board may, not later than one fortnight after the expiration of the period mentioned in the said subsection (1) and if the board is satisfied that the special circumstances of the case justify the board in so doing, extend the said period by such further period as the board thinks proper, and thereupon the said subsection (1) shall have effect in that particular case as if such extended period were substituted for the said period of six consecutive months, but no such period of six consecutive months shall be extended under this subsection more than once.

(b) A period shall not be extended by a regional board under this subsection unless—

(i) at least two-thirds of the members of the board are present at the relevant meeting of the board when the question is determined, and

(ii) of such members so present, at least two-thirds vote in favour of the extension.