Fisheries Enforcement

Table of Contents

Enter & Search

Waterkeepers and authorised officers have powers to search, enter land, inspect, seize, take samples. They may obtain search warrants where required for more extensive searches.

Members of Garda Siochana or authorised persons may enter along banks and borders of any lakes with boats or enter such water and lakes, enter on weirs, sluices, mills, enter boats engaged in fishing, seize any unlawful fishing engine, examine all floating nets and do all such things as they are authorised.

There is a provision for an application to the District Court for entry on any dwellinghouse or curtilage.

Inland Fisheries Ireland has powers to enter land for the purpose of improvement of fishery. It may enter for the purpose of contemplated improvement works and gaining access to fisheries. The power does not extend to entering on dwelling houses.

Stop & Search

Authorised persons may stop and search persons suspected of conveying any fish or instrument unlawfully. They may search premises where they believe fish are kept or at which poison or explosive intended for destruction of fish is kept.

They may inspect

the premises of persons engaged in the business of carriage of goods for reward on
any pier, jetty, aerodrome, guesthouse, restaurant or place in which boards and lodgings or meals are provided for reward
any ship, boat, aircraft, railway, vehicle used for the conveyance of goods.

They may examine all fish found at the place and open packages. They may stop, enter and search on a river, lake estuary or shores or any part of the sea, any boats used or believed to be used or suspected of containing unlawfully captured fish.

They may search, take and remove any fish or package found in the exercise of such search power. They may remove and take fishing engines or other articles liable for forfeiture under the legislation. They demand the name and address of the person having custody.

The Fisheries Act creates a number of offences of assault on persons who are authorised officers or waterkeepers under the Fisheries Act. It is an offence to assault and obstruct any such person. Such parties may prosecute in respect of assaults committed on them.

Appointment of Waterkeeper

Where a certain person is interested in the preservation of the fish of any river or lake or has formed a society for the preservation of the fisheries in the river or lake, and the owners of such fishery or salmon fishery may appoint a private waterkeeper. A certificate of suitability may be issued by IFI (the fisheries regulator) followed by confirmation of appointment by the District Court.

The powers of private waterkeepers are exercisable only for the protection of the fisheries. They are not as extensive as those of authorised officers of the fisheries authority. The latter re persons appointed by the fisheries authority, members of an Garda Síochána officers appointed by the Minister and certain officers appointed by the ESB.

Breach & Civil Action

There are several instances where the Minister may take action to remedy a breach of legislation and recover the costs. There are several powers of entry and search in the Fisheries Acts for the purpose of enforcement of the legislation.

Offences General

Throughout fisheries legislation, there are offences for breaches of specific obligations. There also exist several distinct powers to forfeit equipment and licences. Offences may be for breach of legislation or breach of byelaws. The most serious offences may be prosecuted on indictment.

Many of the more significant offences are covered in other parts relating to the relevant subject matter. The following are some examples of offences enforcing specific aspects of fisheries.

Season Offences

Part 9 of the Fisheries Act provides for fishing seasons for salmon, trout, pollock and eel. It is an offence to fish or assist in fishing for salmon or trout outside the open season. There is a penalty on summary conviction together with a further amount per fish in respect of which an offence is committed. All salmon and trout caught and every fish engine shall be forfeited on conviction.

All fixed engines, salmon fishing weirs, fishing mill dams and nets it must be dismantled during the close season for trout and salmon.

It is an offence to use a boat for the capture of salmon or trout during the close season; otherwise where, such use is by a person lawfully angling by rod license, if applicable.

Obstruction Offences

It is an offence:

To kill, take or destroy fish in a fish pass;
To hang, fix or use any fishing engine in any fish pass or
place any obstruction or contrivance or
do anything whereby fish may be scared, deterred or prevented from freely passing through a fish pass.

It is an offence for any person to use a fishing engine except a rod and line for taking fish within 200 yards above and below a dam used for supplying water to mills or for navigation. There are certain exceptions for persons who historically place such fishing engines in place for a 20-year period before 1850.

It is an offence for a person in any season to use a fishing engine (except rod and line) or use any means in any mill pool or mill dam or any works appurtenant or ding to the same for the purpose of taking, destroying or obstructing any salmon or fish.

Everybody who during the close season injures, disturbs or obstructs the passage of salmon or trout or injures or disturbs spawning beds is guilty of an offence.

Unlawful Means Offences

It is an offence to have in one’s possession or control at any lake, river or estuary any light or fire for the purpose of taking fish. It is an offence to use certain things or instruments such as otters, spears, gaff or strokehaul or like instruments for the purpose of taking fish except where a gaff is used solely for the lawful removal of fish or where an eel spear is used for taking of eel.

There are offences in relation to catching salmon, trout and coarse fish by unlawful means, such as damming, teeming or emptying the river. Taking salmon trout or coarse fish found dead or unlawfully killed is prohibited.

Pollution Offences

It is an offence for any person to use deleterious material for the destruction or capture of fish. It is also an offence to be in possession of any such material.

Deleterious material includes any substance which is liable to render water poisonous or liable to be injurious to fish or spawning grounds or injure or their value as humans or impair the usefulness of the bed or soil of any water or spawning grounds.

It is an offence to steep any flax or hemp in any waters or throw, empty or permit to cause to fall into waters deleterious matter other than in accordance with a Ministerial licence. Where a receptacle containing any deleterious material is within 30 yards of any water the owner must provide and maintain suitable means to prevent the passage of the material into the water. Failure to do so is an offence.

Allowing the entry of deleterious matter into waters is subject to prosecution summarily or on indictment with a prison term of up to 25 years or £25,000. This is in addition to the prohibitions in the water pollution legislation.

Sale Offences

It is an offence to purchase, sell, expose for sale or keep for sale or have in one’s possession an unseasonable trout or salmon. It is a defence to prove that he holds the same for the purpose of transporting it in the course of his business.

It is an offence to purchase, sell, expose for sale or keep fish, have possession of salmon or trout or mollusc or shellfish unlawfully captured. The onus of proving the fish were lawfully captured lies on the person charged. A person may be convicted on indictment of the offence or on summary conviction. There is provision for an additional fine per salmon or kilogram of eels or molluscs.

On the Spot Fines

A regime of on the spot fines exists for minor inland fishery offences. The Fisheries (Amendment) Act 1999 provided for a fixed penalty offence. Where an authorised officer believes an offence is being committed, he may give particulars of the notice providing for payment of a fixed penalty. If the payment is paid, a prosecution is not a problem with respect of the offence.

Where an authorised officer has reasonable grounds for believing a person is in contravention of regulations, he may serve a notice in a prescribed form stating that the offences occurred and stating that the person may, within 21 days, pay a fixed penalty and that prosecution will not be instituted should this be paid.

On the Spot Fines Offences

On the spot fines are applicable for:

angling for salmon during the close season;
angling for trout during close season;
failing to display licence under Part 10;
failing to keep an entry in a register or produce register documents for inspection;
unauthorised entry on a several fishery;
obstructing persons lawfully fishing;

giving warning to persons unlawfully fishing;
failing to produce a licence on demand.

The following byelaws are subject to on the spot fines:

contravention of byelaw prohibiting driftnet or other fishing engine other than a rod and line;
contravention of byelaw prohibiting use of any lure other than artificial fly;
contravention of bylaw prohibiting use of shrimp or other crustacean or artificial forms as bait;
Contravention of byelaw prohibiting taking, killing or in having possession of a fish less than a specified length;
Contravention of byelaw prohibiting or having possession of specified number of any kind of fish;
Contravention of byelaw prohibiting taking or having in possession or control selling or offering for sale any sea trout;
Contravention of byelaw prohibiting fishing or attempting to fish for bass.