CONSERVATION OF AND PROHIBITION ON SALE OF COARSE FISH BYE-LAW NO. 806, 2006
I, John Browne, Minister of State at the Department of Communications, Marine
and Natural Resources, in exercise of the powers conferred on me by section
9 (as amended by section 3 of the Fisheries (Amendment) Act 1962 (No. 31 of
1962)) of the Fisheries (Consolidation) Act 1959 (No. 14 of 1959), section
33 of the Fisheries (Amendment) Act 1962, the Fisheries (Transfer of Departmental
Administration and Ministerial Functions) Order 1977 (S.I. No. 30 of 1977)
(as adapted by the Marine and Natural Resources (Alteration of Name of Department
and Title of Minister) Order 2002 (S.I. No. 307 of 2002)) and the Marine (Delegation
of Ministerial Functions) Order 2006 (S.I. No. 82 of 2006), hereby make the
following bye-law:
1. (1) This Bye-law may be cited as the Conservation and Prohibition on Sale
of Coarse Fish Bye-law No. 806, 2006.
(2) This Bye-law comes into operation on the day of its making.
2. In this Bye-law -
“coarse fish” means any fresh water fish other than pike, salmon, trout , eels or minnow;
“Louth Area” has the meaning assigned to it by section 31 of the British –Irish Agreement Act 1999 (No.1 of 1999);
“Moville Area” has the meaning assigned to it by section 2 of the Foyle Fisheries Act 1952 (No.5 of 1952).
3. Subject to Article 4, a person shall not take and kill by any means more
than 4 coarse fish on any one day.
4. A person shall not take and kill by any means any coarse fish greater than
25 cm in length measured in a straight line from the tip of the snout to the
fork of the tail.
5. Any coarse fish taken inadvertently in contravention of this Bye-law must
be handled carefully and returned without avoidable injury to the waters from
which they have been taken.
6. Subject to Article 7, it is prohibited for any person, other than in the
Louth Area or Moville Area, to sell or offer for sale any coarse fish caught
by any means.
7. Article 6 does not apply to fishing tackle dealers or fish bait suppliers
registered with the regional board in whose fisheries region the dealer or
supplier carries on business.
8. The following are revoked -
(a) the Lough Ree (Netting for Coarse Fish) Bye-law No. 466,
1949, and
(b) the River Shannon (Netting for Coarse Fish) Bye-law No. 467, 1949.
GIVEN under my hand,
20 July 2006.
John Browne
_____________________________
John Browne
Minister of State at the Department of Communications,
Marine and Natural Resources.
EXPLANATORY NOTE
(This note is not part of the Bye-law and does not purport to be a legal interpretation).
This Bye-law provides for the following conservation measures:
• a bag limit of 4 coarse fish in any one day,
• prohibits the killing of any coarse fish greater than 25 cm in length,
• prohibits the sale of any coarse fish in Ireland (excluding NI), this
provision will not apply to fishing tackle dealers and fish bait suppliers
who have been granted an exemption from their respective Regional Fisheries
Board.
FOOTNOTE
Section 11 of the Fisheries (Consolidation) Act, 1959 provides that any person
aggrieved by these Bye-laws may within 28 days after their publication in
the Irish Oifigiuil, appeal to the High Court
