Fishery Harbours

Establishment

The Fisheries Harbour Centres Act 1968 provided further for the establishment and operation of certain harbours and centres in which to promote, develop and carry on sea fishing, processing, packing and selling of fish, manufacture of fish products and provide for related matters.

The Minister may, in relation to any scheduled harbour, declare such area of the harbour or the land adjoining about to be a fishery harbour centre. He may define the area.  He may provide for the transfer to the Minister of all property in the Fishery Harbour Centre held by the managing authority for the harbour and may provide that the managing authority cease to exercise any of the functions or duties in relation to the Fishery Harbour Centre.

Where the Minister makes an order, the existing managing authority ceases to carry out the relevant function.  The Fishery Harbour Centre ceases to be the existing management authority.

Order for regulations and byelaws made under the previous legislation in relation to the management control and operation of the harbour continued.

Designation

There is a procedure for the designation of a harbour as a Fishery Harbour Centre.  A proposal is published in Iris Oifigiúil and in such other manner as may be best adapted to inform persons affected.  Notice of the proposal to make the order and the place where objections may be sent are given.

Objections must be in writing and specify the grounds.  The Minister must take account of the objections in designating a Fishery Harbour Centre.

There are statutory powers to acquire land, compulsorily, if necessary, situated in a Fishery Harbour Centre or rights over land or water.  Specific provisions are set out.  Compensation must be claimed within one year of the acquisition being put into force.

Bye-Laws

The Minister may make byelaws, fixed toll rates and charges for the use of facilities. It includes providing services in the Centre for the sale of fish landed. He may provide that fish landed be offered for sale at the centre and that the sales of fish be conducted in such manner as may be specified.

• appoint officers and servants and employees and designate their functions.
• provide for the improvement and development of such facilities and installations as he considers desirable or necessary.
• provide develop or arrange for the development of such services ancillary to the fish industry as he considers necessary.

Contravention of a bylaw may be subject on summary conviction to a €100 fine or imprisonment of up to six months There is a provision for where an offence is committed by a corporate body

• committed with the consent or connivance of an officer, that person may be
• convicted by the offence.

When the Minister proposes to make byelaws, there is to be notification of the byelaws to the public by publication in the newspaper.  There may be an objection to the draft byelaws, which must be submitted within 21 days. The Minister must take account of the objections.

The Minister may make it an offence to breach the byelaws. The Minister shall not make an order of byelaw in relation to or affecting commercial shipping or the exercise of the public right of navigation without consultation with the Minister for Transport.

Management

The Minister shall manage, control, operate and develop to such extent as he thinks fit each Fishery Harbour Centre.  He shall have all necessary powers for such purpose.

The Minister may use any property vested in him by virtue of the Act for such purposes connected with the improvement and development of the fishing industry and the provision, improvement and development of services connected with the industry in such manner as he thinks fit.  He may buy or sell land, lease, let it, etc.

The Minister shall, to the extent he deems necessary, carry out or arrange for the carrying out of maintenance, repair, improvement, extension and modification of any harbour, part of a harbour, building or installation situated in a Fishery Harbour Centre or any access road. The Minister may pay monies and make grants out of money provided by the Oireachtas.

The Minister shall cause proper accounts to be kept.  Accounts are to be audited by the Controller of Auditor General.

Finance

The Fisheries Harbour Centres fund comprises payments of money received on behalf of the Minister in respect of tolls and charges.  There should be paid out of the fund for all outlay and expenditure incurred by the Minister for certain functions under the Act.

So much of the fund as is for the time being, not immediately required, may be invested in securities in which the trustees, for the time being, are authorized to invest.  The Minister may vary or sell any investments authorized.

Nothing affects or limits the Customs Act or the powers of the Revenue Commissioner under those Acts.

Harbours

Harbour orders may be made in respect of the following:

• Howth.
• Killybegs.
• Galway.
• Dunmore East.
• Castletownbere.