Fisheries (Consolidation) Act 1959

F129[Salmon dealer's licence, eel dealer's licence and molluscan shellfish dealer's licence.

159

159.(1) Where—

(a) a person to whom a certificate of fitness has been granted applies, within twenty-eight days after such grant, to F130[Inland Fisheries Ireland] for the issue to him of a licence authorising him to carry on the business of selling salmon and trout, eels or molluscan shellfish as appropriate, at any specified place F131[], and

(b) there is sent with the application—

(i) such certificate of fitness, and

F132[(ii) the sum of F133[€117 ] for any one of a salmon dealer's licence, an eel dealer's licence or a molluscan shellfish dealer's licence issued in respect of any specified place, and the sum of £20 each for a second or third of the aforementioned dealers' licences issued in respect of the same specified place,]

then, F130[Inland Fisheries Ireland] may issue to such person a salmon dealer's licence, eel dealer's licence or molluscan shellfish dealer's licence as may be appropriate.

(2) Every application for a Part X licence to F130[Inland Fisheries Ireland] shall—

(a) be made in writing,

(b) be in the prescribed form and contain the prescribed particulars.

(3) Every Part X licence shall be in the prescribed form.

(4) Every Part X licence shall, unless it is previously terminated, continue in force until the 31st day of December of the year in which it was issued and shall then expire.

(5) (a) The Minister may, from time to time, by order amend subsection (1) of this section so as to alter the sum specified therein, and in case an order under this subsection is for the time being in force, the said subsection (1) shall be construed and have effect in accordance with the terms of the order.

(b) Subsection (7) of section 68 of this Act (inserted by section 3 of the Fisheries (Amendment) Act 1976) shall apply as regards an order under this subsection as it applies as regards an order under that section.]

Annotations

Amendments:

F129

Substituted (1.08.1994) by Fisheries (Amendment) Act 1994 (23/1994), s. 20, S.I. No. 243 of 1994.

F130

Substituted (1.07.2010) by Inland Fisheries Act 2010 (10/2010), s. 8(3)(a) and sch. 2 part 1 paras. (1), (2) item 20(a), (b)(i), (c), S.I. No. 262 of 2010.

F131

Deleted (1.07.2010) by Inland Fisheries Act 2010 (10/2010), s. 8(3)(a) and sch. 2 part 1 paras. (1), (2) item 20(b)(ii), S.I. No. 262 of 2010.

F132

Substituted (1.01.1995) by Salmon, Eel and Molluscan Shellfish Dealers' Licences (Alteration of Duties) Order 1994 (S.I. No. 463 of 1994), art. 3, in effect as per art. 2.

F133

Substituted (1.01.2006) by Fisheries (Miscellaneous Commercial Licences) (Alteration of Duties) Order 2005 (S.I. No. 793 of 2005), art. 5, in effect as per art 2.

Modifications (not altering text):

C110

Sum under subs. (1)(b)(ii) altered (1.03.2022) by Fisheries (Commercial Fishing Licences) (Alteration of Duties and Fees) Order 2022 (S.I. No. 173 of 2022), art. 6, in effect as per art. 2.

6. The sum standing specified in section 159(1)(b)(ii) of the Principal Act is altered to €128.

C111

Application of section restricted (30.06.1998) by Fisheries (Amendment) Act 1997 (23/1997), s. 79, S.I. No. 203 of 1998.

Restriction of application of Part X of Principal Act.

79.— Part X of the Principal Act shall not apply to fish produced pursuant to a licence.

Editorial Notes:

E194

Power pursuant to subs. (5)(a) exercised (1.03.2022) by Fisheries (Commercial Fishing Licences) (Alteration of Duties and Fees) Order 2022 (S.I. No. 173 of 2022), in effect as per art. 2.

E195

Power pursuant to section exercised (1.01.1995) by Fisheries (Salmon, Eel and Molluscan Shellfish Dealers' Licences) Regulations 1994 (S.I. No. 462 of 1994), in effect as per reg. 2.

E196

Power pursuant to section exercised (1.01.1995) by Licensed Salmon, Eel and Molluscan Shellfish Dealers' Register Regulations 1994 (S.I. No. 461 of 1994), in effect as per reg. 1(2).

E197

Power pursuant to subs. (6)(a) exercised (23.12.1982) by Salmon, Eel and Oyster (Miscellaneous Licences) (Alteration of Duties) Order 1982 (S.I. No. 386 of 1982).

E198

Previous affecting provision: power pursuant to subs. (5)(a) exercised (10.02.2010) by Fisheries (Commercial Fishing Licences) (Alteration of Duties and Fees) Order 2010 (S.I. No. 40 of 2010), in effect as per art. 2; revoked (1.03.2022) by Fisheries (Commercial Fishing Licences) (Alteration of Duties and Fees) Order 2022 (S.I. No. 173 of 2022), art. 8, in effect as per art. 2.

E199

Previous affecting provision: power pursuant to subs. (5)(a) exercised (1.01.2008) by Fisheries (Commercial Fishing Licences) (Alteration of Duties and Fees) Order 2007 (S.I. No. 812 of 2007), in effect as per art. 2; revoked (10.02.2010) by Fisheries (Commercial Fishing Licences) (Alteration of Duties and Fees) Order 2010 (S.I. No. 40 of 2010), reg. 8, in effect as per reg. 2.

E200

Previous affecting provision: power pursuant to subs. (5)(a) exercised (1.01.2007) by Fisheries (Commercial Fishing Licences) (Alteration of Duties and Fees) Order 2006 (S.I. No. 628 of 2006), in effect as per art. 2; revoked (1.01.2008) by Fisheries (Commercial Fishing Licences) (Alteration of Duties and Fees) Order 2007 (S.I. No. 812 of 2007), art. 8, in effect as per art. 2.

E201

Previous affecting provision: power pursuant to subs. (5)(a) exercised (1.01.2005) by Fisheries (Commercial Fishing Licences) (Alteration of Duties and Fees) Order 2004 (S.I. No. 812 of 2007), in effect as per art. 2; revoked (1.01.2006) by Fisheries (Commercial Fishing Licences) (Alteration of Duties and Fees) Order 2005 (S.I. No. 793 of 2005), reg. 7.

E202

Previous affecting provision: subs. (1)(b)(ii) amended (1.01.2004) by Fisheries (Miscellaneous Commercial Licences) (Alteration of Duties) Order 2003 (S.I. No. 703 of 2003), art. 5, in effect as per art. 2, superseded (1.03.2022) as per F-note above.

E203

Previous affecting provision: power pursuant to section exercised (1.01.1995) by Salmon, Eel and Molluscan Shellfish Dealers' Licences (Alteration of Duties) Order 1994 (S.I. No. 463 of 1994), in effect as per art. 2; revoked (1.01.2004) by Fisheries (Miscellaneous Commercial Licences) (Alteration of Duties) Order 2003 (S.I. No. 703 of 2003), art. 7, in effect as per art. 2.

E204

Previous affecting provision: subss. (1)(b)(ii) and (2)(b)(ii) amended (1.01.1988) by Salmon, Eel and Oyster (Miscellaneous Commercial Licences) (Alteration of Duties) Order 1987 (S.I. No. 343 of 1987), art. 4(1)(a)(i), (ii), in effect as per art. 4(2); section substituted (1.08.1994) as per F-note above.

E205

Previous affecting provision: power pursuant to subs. (6) exercised (21.12.1987) by Salmon, Eel and Oyster (Miscellaneous Commercial Licences) (Alteration of Duties) Order 1987 (S.I. No. 343 of 1987); revoked (1.01.2004) by Fisheries (Miscellaneous Commercial Licences) (Alteration of Duties) Order 2003 (S.I. No. 703 of 2003), art. 7, in effect as per art. 2.

E206

Previous affecting provision: subss. (1)(b)(ii) and (2)(b)(ii) amended (1.01.1983) by Salmon, Eel and Oyster (Miscellaneous Licences) (Alteration of Duties) Order 1982 (S.I. No. 386 of 1982), art. 6(1)(a), (b), in effect as per art. 6(2); superseded (1.01.1988) as per E-note above.

E207

Previous affecting provision: power pursuant to section exercised (29.01.1981) by Fisheries (Salmon Dealer's Licence) Regulations 1981 (S.I. No. 36 of 1981), in effect as per reg. 2; revoked (1.01.1995) by Fisheries (Salmon, Eel and Molluscan Shellfish Dealers' Licences) Regulations 1994 (S.I. No. 462 of 1994), reg. 8, in effect as per reg. 2.

E208

Previous affecting provision: subss. (1)(b)(ii) and (2)(b)(ii) amended and subs. (6) inserted (1.01.1981) by Fisheries Act 1980 (1/1980), s. 69(1)(a), (b), S.I. No. 414 of 1980; superseded (1.01.1983) as per E-note above.

E209

Previous affecting provision: references in subs. (2) to “board of conservators” construed (29.10.1980) as references to “regional board” by Fisheries Act 1980 (1/1980), s. 11(5) and sch. 4 part 1 paras. 2(a), (b); superseded (1.07.2010) as per F-note above. Note, para. 2(b) appears to specify subs. (3); however, this contains no references to boards of conservators and appears to be an error.

E210

Previous affecting provision: subs. (3)(a) amended (29.10.1980) by Fisheries Act 1980 (1/1980), s. 6(1) and sch. 1, S.I. No. 323 of 1980; subject to transitional provisions in s. 76; section substituted (1.08.1994) as per F-note above.

E211

Previous affecting provision: subss. (1), (2) amended (18.03.1980) by Fisheries Act 1980 (1/1980), s. 11(5) and sch. 4 part 1 para. 1(ee), (ff), commenced on enactment; section substituted (1.08.1994) as per F-note above.

E212

Previous affecting provision: power pursuant to section exercised (1.12.1963) by Fisheries (Consolidation) Act 1959 (Salmon Dealer's Licence) Regulations 1963 (S.I. No. 228 of 1963), in effect as per reg. 2; revoked (29.01.1981) by Fisheries (Salmon Dealer's Licence) Regulations 1981 (S.I. No. 36 of 1981), reg. 7, in effect as per reg. 2.