Fisheries (Consolidation) Act 1959
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) F74[…]
F75[(3) (a) The periods for which ordinary fishing licences are to be issued shall be—
(i) in the case of salmon rod ordinary licences — the period of twenty-one days and the period of one year,
(ii) in the case of trout rod ordinary licences — the period of twenty-one days and the period of one year,
(iii) in the case of coarse fish rod ordinary licences — the period of twenty-one days and the period of one year,
(iv) in the case of composite freshwater angling ordinary licences — the period of one year,
(v) in the case of other ordinary fishing licences — the period of one year.
(b) Salmon rod ordinary licences issuable for twenty-one days and available for use in every fishery district shall be called, and in this Act are referred to as, salmon rod (twenty-one day) ordinary licences.
(c) Salmon rod ordinary licences issuable for a year and available for use in every fishery district shall be called, and in this Act are referred to as, salmon rod (annual) ordinary licences.
(d) Trout rod ordinary licences issuable for twenty-one days and available for use in every fishery district shall be called, and in this Act are referred to as, trout rod (twenty-one day) ordinary licences.
(e) Trout rod ordinary licences issuable for a year and available for use in every fishery district shall be called, and in this Act are referred to as, trout rod (annual) ordinary licences.
(f) Coarse fish rod ordinary licences issuable for twenty-one days and available for use in every fishery district shall be called, and in this Act are referred to as, coarse fish rod (twenty-one day) ordinary licences.
(g) Coarse fish rod ordinary licences issuable for a year and available for use in every fishery district shall be called, and in this Act are referred to as, coarse fish rod (annual) ordinary licences.]
F75[(4) (a) A salmon rod (twenty-one day) ordinary licence, a trout rod (twenty-one day) ordinary licence and a coarse fish rod (twenty-one day) ordinary licence shall each be valid and in force for the period of twenty-one days commencing on the date specified in that behalf in the licence concerned.
(b) An ordinary fishing licence (other than an ordinary fishing licence to which paragraph (a) of this subsection relates) 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.
F75[(6) Every ordinary fishing licence issued by F76[Inland Fisheries Ireland] shall—
(a) be in such form as the Minister may from time to time direct,
(b) state thereon—
(i) the name of F76[Inland Fisheries Ireland],
(ii) the period for which it is to be valid and in force,
(iii) where appropriate, the number or name of the fishery district to which it relates,
(iv) the kind of fishing engine to which it relates.]
F75[(7) Where an application is made for a freshwater rod ordinary licence, such licence shall be issued by F76[Inland Fisheries Ireland].]
(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 F77[area which immediately before the passing of this Act comprised the electoral division which included the place at] which such engine is situate.
F78[(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 so to use such engine for his own benefit, or
(b) in every other case, the name and address of the person paying the licence duty on such engine, together with, if such person, or in case the licence relates to an engine so to be used, the owner, makes a request in writing in that behalf to F76[Inland Fisheries Ireland], the name of not more than one other person specified in the request, and every ordinary licence which is so issued shall operate to authorise the use of the engine to which it relates by any person named in the licence.]
(10) Every ordinary fishing licence shall be sealed with the seal of the board of conservators by which it is issued.
F75[(11) An ordinary fishing licence (not being a freshwater rod ordinary licence) shall be available for use in the fishery district as regards which the application for the licence was made and which is specified in the licence F79[…] and in no other fishery district.]
F75[(12) Every freshwater rod ordinary licence shall be available for use in every fishery district.]
F75[(13) Every freshwater 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.]
F75[(14) Every ordinary fishing licence (other than a freshwater 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.]
F75[(15) Every freshwater rod 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) in the case of a salmon rod ordinary licence, a salmon rod,
(b) in the case of a trout rod ordinary licence, a trout rod,
(c) in the case of a coarse fish rod ordinary licence, not more than two coarse fish rods,
(d) in the case of a composite freshwater angling ordinary licence any combination of rods referred to in paragraphs (a), (b) and (c) of this subsection,
subject to the provisions of this Act and any instrument made thereunder.]
(16) F80[…]
(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.
Annotations
Amendments:
F74
Deleted (1.01.1988) by Fisheries (Amendment) (No. 2) Act 1987 (32/1987), s. 5(a), S.I. No. 346 of 1987.
F75
Substituted (1.01.1988) by Fisheries (Amendment) (No. 2) Act 1987 (32/1987), s. 5(b), (c), (d), S.I. No. 346 of 1987.
F76
Substituted (1.07.2010) by Inland Fisheries Act 2010 (10/2010), s. 8(3)(a) and sch. 2 part 1 paras. (1), (2) item 8(a), (b), (c), (d), S.I. No. 262 of 2010.
F77
Substituted (18.03.1980) by Fisheries Act 1980 (1/1980), s. 11(5) and sch. 4 part 1 para. 1(k), commenced on enactment.
F78
Substituted (18.03.1980) by Fisheries Act 1980 (1/1980), s. 67, commenced on enactment.
F79
Deleted (1.07.2010) by Inland Fisheries Act 2010 (10/2010), s. 8(3)(a) and sch. 2 part 1 paras. (1), (2) item 8(e), S.I. No. 262 of 2010.
F80
Deleted (1.01.1988) by Fisheries (Amendment) (No. 2) Act 1987 (32/1987), s. 5, S.I. No. 346 of 1987.
Modifications (not altering text):
C43
References in subss. (1), (8) and (10) to “regional board” construed (1.07.2010) as references to “IFI” by Inland Fisheries Act 2010 (10/2010), s. 8(3)(a) and sch. 2 part 1 paras. (1), (2), commenced on enactment. Note “board of conservators” previously construed (29.10.1980) as reference to “regional board”, see further E-note below.
Transfer of functions to IFI.
8.— …
(3) (a) The Acts specified in Schedule 2 are amended on the establishment day as indicated in that Schedule.
…
SCHEDULE 2
Consequential Amendments of Certain Acts
Section 8
PART 1
Amendment of Fisheries (Consolidation) Act 1959
…
(1) References to regional boards (as provided for by section 2 of Part 1 of the Fourth Schedule) in the provisions of the Principal Act specified in subparagraph (2) shall each be construed and have effect as if they were references to Inland Fisheries Ireland.
(2) The provisions of the Principal Act referred to in subparagraph (1) are the definition of “fishery rate” in section 3(1), sections 40(10) (as substituted by section 7 of the Act of 2000), 45(1), 49(5), 49(9), 55(2), 55(3), 55(4), 56, 57(2), 57(3), 59(1), 67(1), 67(8), 67(10), 70(2), 70(3), 77(4), 278, 291, 303(1) and 306(1).
Editorial Notes:
E79
Previous affecting provision: references in subss. (1), (2), (8), (10) 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 C-note above.
E80
Previous affecting provision: subs. (6) amended, subs. (6)(b)(iii) repealed, subs. (7) substituted (29.10.1980, 18.03.1980) by Fisheries Act 1980 (1/1980), ss. 6(1), 11(5), sch. 1 and sch. 4 para. 1(i), (j), S.I. No. 323 of 1980 and commenced on enactment respectively; subss. (6), (7) substituted (1.01.1988) as per F-note above.
E81
Previous affecting provision: subss. (3)(a)(i), (3)(e), (g), (4)(d) amended and subss. (3)(c), (4)(b) repealed (29.10.1980, 18.03.1980) by Fisheries Act 1980 (1/1980), ss. 6(1), 11(5), sch. 1 and sch. 4 para. (1)(h), S.I. No. 323 of 1980 and commenced on enactment respectively; subss. (3), (4) substituted (1.01.1988) as per F-note above.
E82
Previous affecting provision: subss. (11), (16) amended (18.03.1980) by Fisheries Act 1980 (1/1980), s. 11(5) and sch. 4 part 1 para. 1(l), (m), commenced on enactment; subs. (11) substituted (1.07.2010) as per F-note above and subs. (16) deleted (1.01.1988) as per F-note above.