IFI & Other Bodies

Background

The Fisheries Acts, 1959 to 2010, deal principally with inland fisheries.  Fish are widely defined to include marine invertebrate crustaceans and molluscs together with their brood and spawn.

The Fisheries Act of 1959 originally created fisheries districts.  In 1980 provision was made for a central fisheries board and a number of regional fisheries boards.  In 2010 all the various functions were transferred to Inland Fisheries Ireland (“IRI”).

Fisheries authorities (now IFI) must encourage, promote, and develop angling for salmon, trout, coarse fish and sea fish and provide such amenities as it thinks fit.

The fisheries authority (usually IFI) may, subject to payment of such fees as it may determine provide services regarding the management, conservation, protection and improvement of fisheries and matters related to fisheries.

IFI Improvements Measures

IFI may, for the purpose of improving any fishery,

• take fish,
• implement measures, including regulation of stock in a fishery,
• keep under surveillance water quality,
• repair, improve or demolish any fence, hedge, tree or wall
• extend, divert or otherwise interfere with or alter any navigable river way, stream, watercourse, bridge, tunnel

In certain cases, it must consult with public authorities such as the OPW or other affected bodies. The Authority may not do certain things in relation to a private fishery without the consent of the owner. Where on application it is determined that the owner of the several fishery cannot be found or ascertained, the Minister may issue an authorisation.

IFI Governance

Inland Fisheries Ireland is the national inland fisheries authority. The Inland Fisheries Act, 2010 establishes a single inland fishing body known as Inland Fisheries Ireland (“IFI”).  It replaced the existing central and regional fisheries boards.

IFI manages and reports its business on the basis of six river basin districts as defined in the EC Water Policy Regulations 2003.  The Minister may give policy directions to the IFI with which it must comply.

IFI is appointed by the Minister.  It consists of nine persons, including persons nominated by the Minister for the Environment, Minister for Community, Rural and Gaeltacht affairs.  One member of IFI is to be appointed as a staff representative.  The Minister has regard to the advice of the joint Oireachtas Committee responsible for inland fisheries in respect of the three remaining appointments.

The staff employed in the former  Central Fisheries Board and certain Regional Fisheries Board were transferred to Inland Fisheries Ireland.

IFI has established a new Inland Fisheries Forum in accordance with terms of reference set under agreement with the Minister.

IFI Organisation

The IFI manage its business on the basis of six river basin districts as defined in EU-derived regulations. The Minister may modify the arrangement by order after consultation with IFI and other appropriate parties.  The Minister may give directions on policy to IFI, and the IFI must comply.

IFI consists of nine members appointed by the Ministers for the Environment Heritage and Local Government, and of Community Gaeltacht and Rural Affairs. One has to be appointed by a staff representative body. Provision is made for the election of the staff member. The Minister may remove the members of IFI in certain circumstances. He may appoint an officer to manage the entity if all members are removed.

IFI may delegate functions to the chief executive. Certain matters must be brought to the attention of the Minister. IFI may form committees to assist advise it in performance of its functions.

A chief executive is to be appointed. The functions of the chief executive are to be provided for. The chief executive may delegate functions and authorize sub-delegations to other employees. The chief executive must attend before the Oireachtas Committees. The Chief Executive may not, in attending such committee, question or express an opinion on matters of government policy.

IFI has the power to appoint employees and determine their duties. There is a provision for the appointment of authorized persons and the production of instruments of appointment for them.

The power of the Minister  to make bye-laws for the government, management, protection and improvement of Fisheries is restated in the 2010 Act. The procedures to be followed are provided. Penalties applicable are provided.

There is the power to transfer fisheries to the Minister or IFI by the OPW.

IFI Plans & Financial

IFI has to make a five-year rolling corporate plan and submit it to the Minister for approval. There are provisions for amendment. The approved corporate plan has to be published and implemented. Progress reports on the implementation of an approved corporate plan are to be made annually or at other intervals as the minister may direct.

IFI may borrow money with the consent of the Minister for the purpose of its functions. It must submit annual accounts to the Minister. The Minister may pay grants of such amounts as may be sanctioned by the Minister for Finance and funds provided by the Oireachtas.

IFI’s accounts must be submitted to the Comptroller and Auditor General.  The audited accounts are to be submitted to the Minister. He shall lay them before the Houses of the Oireachtas. A file must be prepared and submitted to the Minister, and an annual plan and report on its activities.

The employees of the central and regional fisheries boards were transferred to IFI. It assumed their superannuation liability. The assets and liabilities of the boards were vested in IFI.

Improvement Powers

The fisheries authority (usually IFI) has powers to improve fisheries. They may implement measures to

• alter or regulate the stock of a fishery or of one or more species,
• keep the quality of water in a fishery under surveillance,
• alter, remove or remove any fence, hedge or wall,
• dig, break or otherwise close, divert, extend or interfere with any navigable waterway, stream or other water course, bridge, tunnel, culvert pipe or drain,
• take material from a river stream or water course,
• take fish from a fisheries by any means.

The authority must consult with the OPW where it is adjacent to a public road or the property of a public authority.

The consent of the owner of the fishery is required.  Where the owner cannot be found, the authority may apply to the Minister, who may issue an authorisation to undertake the works in relation to the fishery.

The authority may enter land with vehicles, machinery and equipment for the purpose of gaining access to do fishery improvement works and executing them. Persons entering land may do everything necessary incidental to the works concerned.  There is no right to enter a dwelling house except where there is an ordinary road or passage to a fishery through such garden or curtilage.

Compulsory Acquisition

On application to the Minister by the authority, a fishery may be compulsorily acquired if necessary for the purpose of enabling a development programme prepared by the board to be carried out or for managing, operating, protecting, conserving, and developing fisheries in accordance with the programme.  The consent of the Minister for Finance is required.

The authorisation enables the authority to acquire the bed and soil of water forming part of the fishery and any estate or interest or way leave, right of access or easement to it which is required in connection with the preservation, conservation, operation, development or improvement of the fishery being acquired.  The acquisition may take place by agreement or in default of agreement in accordance with certain procedures.

A person aggrieved by the decision to acquire a fishery or rights in respect of it may appeal to a person appointed as arbitrator.  The arbitrator may, on such appeal, confirm or annul the authorisation.

The authority may not compulsorily acquire land vested in the State or rights in a dwelling house or curtilage of a dwelling house. Where a fishery is acquired by the authority, it has the power to prohibit or control the taking of fish from the fishery, notwithstanding any public right to fish in the fishery.

Where the bed or soil, proportion of a river or lake contiguous to a fishery which is either owned by the Minister or acquired by the IFI and which, in either case, is a weir (freshwater) fishery. The Minister may, if it is necessary to do so for the maintenance, operation or prudent development of such fishery, order the transfer to the Minister or the authority subject to the limits set out of the bed and soil of any portion of the river or lake contiguous to a fishery.

A compulsory right of way over land required to enable the performance of a function assigned under the legislation or necessary to enable fishermen to gain access to fishing waters for lawful fishing may be made.  The person affected may appeal to an arbitrator who may confirm or refuse to confirm the order. Compensation is payable in respect of the acquisition of any estate or right in a fishery, easement or other right or diminution in its value.

The Minister and the various authorities have the power to sell a fishery or fishery rights and any goodwill of stock in trade attached.

Powers of Arrest

There are powers for an authorised officer to take a boat and all persons on that boat to the nearest place without summons or warrant if he believes or suspects that it contains fish unlawfully captured.  The District Judge must authorise the officer to detain the boat pending adjudication of the matter by the District Court if he is satisfied that proceedings are or re about to be issued.

Coops & Development Societies

Fishing co-operatives derived from the Fisheries (Amendment) Act, 1991.  Fishery co-operatives were devised as a means of having trout anglers contribute to revenue without the imposition of a direct tax.  It is an offence for a person to fish for trout or coarse fish without becoming a member of a cooperative.  Revenue raised from selling membership of co-operatives was to replace the rod licence revenue.

The legislation established a number of development societies.  These correspond to most part with the former regional fisheries boards. The co-operatives were established to raise and disburse funds for the benefit of the development of trout and coarse fishing in a specified area.  They are deemed to be established for charitable purposes.

The legislation provides for the running of societies by trustees or a management committee elected.  Angling clubs and other bodies are admitted as corporate members.  The club can nominate individual members from its members.  For the purpose of fixing fees for co-operative, members regard is to be had to the outlay of the body concerned on fishery development work of public benefit in the area in which the society operates.

Where a society has so decided by a 60 per cent vote of its ordinary members, a person shall not be entitled to angle for trout or coarse fish in the area unless he holds a current share certificate, he is under 18 or over 66 years, unemployed or in receipt of social welfare or invalidity pension.

The 1999 Act provided that would Minister appoint certain persons to committees.  Ultimately the 1999 Act provided that the Minister could appoint two members only and the proposal whereby the Minister could swamp the membership of the societies did not proceed.

Winding up of Certain Societies

With the formation of Inland Fisheries Ireland, under the 2010 Act, the Coarse and Trout Fishery Development Societies (Co-ops) were abolished and the funds remaining were transferred to Inland Fisheries Ireland.  The funds are anglers’ funds and not exchequer’s funds.

IFI developed a scheme to redistribute the available funds to the areas corresponding to the old Inland Fisheries Ireland areas.  The scheme is known as the Co-op Trout and Coarse Fisheries Development Funds. IFI invited applications to the Co-op Fund from anglers, angling clubs, federations and fishery owners for projects under various headings

• project for developing access and other infrastructure for angling
• developing of angling product
• Training and development that enhances the angling capacity
• development of competition venues for trout and coarse angling
• in-stream structures
• river bank protection
• fencing
• riparian zone improvement
• removal and control of exotic invasive species.

The boards never worked out in practice.