Inland Fisheries Act 2010

69.

Management of wild salmon and sea trout.

69.— (1) The Minister may, after consultation with IFI, make regulations to provide for a scheme for the management, development and conservation of stocks of wild salmon and sea trout and in particular provide for the gathering of information by the tagging of such fish.

(2) Without prejudice to the generality of subsection (1) , regulations made under that subsection may provide for all or any of the following—

( a) the manner, type, size and colour of tags which are to be affixed to wild salmon and sea trout,

( b) the information to be contained on such tags,

( c) the issue and distribution by persons of tags and log books to persons fishing for wild salmon or sea trout,

( d) matters relating to the sale, display, import, export and transhipment of wild salmon and sea trout or farmed salmon,

( e) log books to be kept and the manner of their keeping by persons fishing for wild salmon or sea trout,

( f) records to be kept by persons selling or dealing in salmon,

( g) registers to be kept by persons providing such tags or log books,

( h) the inspection by authorised officers of such tags, log books, registers and records,

( i) the furnishing of such information on tags, log books, registers and records as may be requested by an authorised officer,

( j) fees to be charged in respect of the issue of any such tag or log book, and

( k) information in relation to any scheme under this section to be provided by IFI to the Minister.

(3) The powers conferred by subsection (1) are in addition to and not in substitution for the powers conferred by section 57 .

(4) For the purpose of enforcing any regulations made under this section, an authorised officer may—

( a) stop and question any person who has or is suspected of having in his or her possession any tag or log book issued, or record kept, under regulations made under this section or any salmon or sea trout and request the production of and examine such tag, log book, record or salmon or sea trout and search any person whom he or she has reason to believe has contravened any regulations made under this section,

( b) at all reasonable times, enter and search any place or premises or boat or vehicle in which the officer believes there is any tag or log book issued, or a register maintained, or record kept, under regulations made under this section or any salmon or sea trout and there examine any such tag, log book, register, record, salmon or sea trout and take copies of or extracts from any log book, register or record, found in it,

( c) where he or she finds any wild salmon or sea trout which has not been tagged in accordance with regulations made under this section, the officer may in accordance with such regulations tag the fish or remove any tags affixed to it which do not comply with such regulations or require the person found in possession of the fish or in charge of the place, premises, boat or vehicle where it is found to tag, or cause it to be tagged, in accordance with such regulations or to remove or cause to be removed any tags affixed to it which do not comply with any such regulations,

( d) take, remove and detain in his or her custody any tag, log book, register or record found in the course of the exercise of any of the powers conferred by this section in respect of which a contravention of any regulation made under this section is being or is suspected of having been committed, and

( e) request and take the name and address of the person having custody of any tag, log book, register, record, salmon or sea trout which the officer is authorised under this section to examine.

(5) A person who obstructs or interferes with, or fails to comply with a requirement of, an authorised officer in exercise of any power conferred on the officer under this section or refuses to give his or her name and address when required under this section commits an offence and is liable on summary conviction to a fine not exceeding €2,500.

(6) ( a) Subject to paragraph (b) , a person (other than an authorised officer or officer of IFI) who contravenes or fails to comply with any regulation made under this section and which is stated to be a penal offence commits an offence and is liable on summary conviction—

(i) in the case of a first offence, to a fine not exceeding €1,000,

(ii) in the case of a second or subsequent offence, other than an offence referred to in subparagraph (iii), to a fine not exceeding €1,500, and

(iii) in the case of a third or subsequent offence which is the third or subsequent offence in any period of 12 consecutive months, to a fine not exceeding €2,000.

( b) Paragraph (a) does not apply to an authorised agent (within the meaning of section 70(1) of the Principal Act) in respect of any requirement under any regulation made under this section to issue tags or logbooks.

(7) ( a) A person shall not affix a tag to any wild salmon or sea trout, which he or she knows, or in the circumstances ought to know, has been unlawfully caught.

( b) A person shall not forge or fraudulently alter, or cause to have forged or fraudulently altered, any tag, logbook or document.

( c) A person shall not have in his or her possession any tag, logbook or document which he or she knows, or in the circumstances ought to know, has been forged or fraudulently altered.

( d) A person shall not give false information to obtain any tag, logbook or document.

( e) A person who contravenes this subsection commits an offence and is liable on summary conviction to a fine not exceeding €2,500 or to imprisonment for a term not exceeding 3 months, or both.

(8) Where the Minister proposes to make regulations under this section (other than any regulation altering the commencement of any regulations made under this section), the following provisions shall have effect—

( a) the Minister shall publish notice of his or her proposal at least once in such newspaper or newspapers published and circulating in the State as he or she may specify,

( b) the notice shall include a statement of the purposes for which the regulations are proposed to be made and an intimation that a copy of the draft regulations is open for public inspection at a place specified in the notice and that any person may submit to the Minister objections to the draft regulations at any time during the period of 30 days commencing on the day of the first publication of the notice,

( c) the Minister shall, during that period of 30 days, keep a copy of the draft regulations open for public inspection at the place aforesaid,

( d) any person who objects to the draft regulations may submit his or her objection to the Minister in writing at any time during that period of 30 days and the Minister shall consider the objections, and

( e) on the expiration of that period of 30 days, the Minister shall, as he or she may think proper, refrain from making the regulations or make the regulations either without modifications or with such modifications therein as he or she may think proper.

(9) Where the Minister considers that any regulations he or she proposes to make under this section, which amend, revoke or replace regulations which, for the time being, are in force and made under section 24 of the Act of 1999 or this section, do not substantially affect the policy contained in the regulations being amended, revoked or replaced and are necessary administrative changes required as a result of the establishment of IFI or any technical amendments or correction of errors, the Minister need not comply with any of the requirements of subsection (8) .

(10) In this Chapter—

“authorised officer” means a person who is an authorised officer (within the meaning of paragraphs ( b) (inserted by paragraph 1( vv) of the Fourth Schedule to the Act of 1980) and ( c) of section 301 of the Principal Act);

“sea trout” means a wild sea trout Salmo trutta;

“wild salmon” means wild Atlantic salmon Salmo salar.

(11) A reference in this section to a tag, logbook or document is a reference to a tag, logbook or document provided for in regulations made under this section.

Annotations:

Editorial Notes:

E6

Power pursuant to section exercised (1.01.2020) by Wild Salmon and Sea Trout Tagging Scheme (Amendment) Regulations 2019 (S.I. No. 669 of 2019), in effect as per reg. 1(2).

E7

Power pursuant to section exercised (1.01.2019) by Wild Salmon and Sea Trout Tagging Scheme Regulations 2018 (S.I. No. 585 of 2018), in effect as per reg. 1(2).

E8

Previous affecting provision: power pursuant to section exercised (1.01.2018) by Wild Salmon and Sea Trout Tagging Scheme (Amendment) Regulations 2017 (S.I. No. 602 of 2017), in effect as per reg. 1(2); revoked (1.01.2019) by Wild Salmon and Sea Trout Tagging Scheme Regulations 2018 (S.I. No. 585 of 2018), reg. 26(d), in effect as per reg. 1(2).

E9

Previous affecting provision: power pursuant to section exercised (1.01.2017) by Wild Salmon and Sea Trout Tagging Scheme (Amendment) Regulations 2016 (S.I. No. 636 of 2016), in effect as per reg. 1(2); revoked (1.01.2018) by Wild Salmon and Sea Trout Tagging Scheme (Amendment) Regulations 2017 (S.I. No. 602 of 2017), reg. 3(b), in effect as per reg. 1(2), and revoked (1.01.2019) by Wild Salmon and Sea Trout Tagging Scheme Regulations 2018 (S.I. No. 585 of 2018), reg. 26(c), in effect as per reg. 1(2).

E10

Previous affecting provisions: power pursuant to section exercised (1.01.2016) by Wild Salmon and Sea Trout Tagging Scheme (Amendment) Regulations 2015 (S.I. No. 581 of 2015), in effect as per reg. 1(2); revoked (1.01.2018) by Wild Salmon and Sea Trout Tagging Scheme (Amendment) Regulations 2017 (S.I. No. 602 of 2017), reg. 3(a), in effect as per reg. 1(2).

E11

Previous affecting provision: power pursuant to section exercised (1.01.2015) by Wild Salmon and Sea Trout Tagging Scheme (Amendment) (No. 2) Regulations 2014 (S.I. No. 610 of 2014), in effect as per reg. 1(2); revoked (1.01.2016) by Wild Salmon and Sea Trout Tagging Scheme (Amendment) Regulations 2015 (S.I. No. 581 of 2015), reg. 3, in effect as per reg. 1(2).

E12

Previous affecting provision: power pursuant to section exercised (2.07.2014) by Wild Salmon and Sea Trout Tagging Scheme (Amendment) Regulations 2014 (S.I. No. 301 of 2014); revoked (1.01.2019) by Wild Salmon and Sea Trout Tagging Scheme Regulations 2018 (S.I. No. 585 of 2018), reg. 26(b), in effect as per reg. 1(2).

E13

Previous affecting provision: power pursuant to section exercised (1.01.2014) by Wild Salmon and Sea Trout Tagging Scheme Regulations 2013 (S.I. No. 573 of 2013), in effect as per reg. 1(2); revoked (1.01.2019) by Wild Salmon and Sea Trout Tagging Scheme Regulations 2018 (S.I. No. 585 of 2018), reg. 26(a), in effect as per reg. 1(2).

E14

Previous affecting provision: power pursuant to section exercised (1.01.2013) by Wild Salmon and Sea Trout Tagging Scheme Regulations 2012 (S.I. No. 556 of 2012), in effect as per reg. 1(2); revoked (1.01.2014) by Wild Salmon and Sea Trout Tagging Scheme Regulations 2013 (S.I. No. 573 of 2014), reg. 26, in effect as per reg. 1(2).

E15

Previous affecting provision: power pursuant to section exercised (1.01.2012) by Wild Salmon and Sea Trout Tagging Scheme (No. 2) Regulations 2011 (S.I. No. 705 of 2011), in effect as per reg. 1(2); revoked (1.01.2013) by Wild Salmon and Sea Trout Tagging Scheme Regulations 2012 (S.I. No. 556 of 2012), reg. 25, in effect as per reg. 1(2).

E16

Previous affecting provision: power pursuant to section exercised (28.06.2011) by Wild Salmon and Sea Trout Tagging Scheme Regulations 2011 (S.I. No. 326 of 2011); revoked (1.01.2012) by Wild Salmon and Sea Trout Tagging Scheme (No. 2) Regulations 2011 (S.I. No. 705 of 2011), reg. 25, in effect as per reg. 1(2).

E17

Previous affecting provision: power pursuant to section exercised (1.01.2011) by Wild Salmon and Sea Trout Tagging Scheme (No. 2) Regulations 2010 (S.I. No. 665 of 2010), in effect as per reg. 1(2); revoked (1.01.2012) by Wild Salmon and Sea Trout Tagging Scheme (No. 2) Regulations 2011 (S.I. No. 705 of 2011), reg. 25, in effect as per reg. 1(2).

E18

Previous affecting provision: application of subs. (3) extended (1.07.2010) by Wild Salmon and Sea Trout Tagging Scheme Regulations 2010 (S.I. No. 323 of 2010), reg. 24, in effect as per reg. 1(2); revoked (1.01.2011) by Wild Salmon and Sea Trout Tagging Scheme (No. 2) Regulations 2010 (S.I. No. 665 of 2010), reg. 25, in effect as per reg. 1(2)