Nets are included in a number of definitions under the Fisheries Acts including fixed engines, fishing engines and scheduled engines. Nets are more a feature of sea fisheries which is the subject of separate article.
Bye laws on salmon and trout conservation define drift nets, raft nets and snap nets as well other nets. The salmon and trout conservation byelaws are made from time to time and make provisions in relation to nets.
If a person makes use of any net in fisheries formed with a false bottom except nets for taking eels or places two or more nets one behind another, or uses any nets covered with canvas, hide or other substance for the taking of undersized fish or fixes or keeps and continued nets stretched across a river is guilty of offence.
It is an offence to use nets formed with non-rigid material with mesh less than certain specified size. It is an offence to use nets of rigid material with an illegal mesh. It is an offence for any person to shoot, draw or use any nets for taking salmon at the mouth of river or within half a mile seaward or inwards along the coast from the mouth of a river.
It is an offence to shoot draw or stretch any net entirely across the mouth of a river. In each of the above cases the owner of a fishery is not subject to the prohibition.
It is unlawful to use any nets for the capture of fish in the freshwater portion of a river or in any freshwater lake unless
- it is used in accordance with byelaws made,
- such net is a landing net and is used solely as auxiliary to lawful fishing with rod and line,
- such net is used solely for the purpose of removing fish from traps in a weir or
- such net is constructed for the capture of eels and is operated in accordance with conditions set out in an authorisation granted.
Contravention is an offence. Byelaws may permit the use of nets in areas specified, notwithstanding the general prohibition.
If a person has in his possession or control in any waters or near the bank of a river, any net the use of which in such waters for taking fish is prohibited under the Act or bye-laws made under or any instrument in such waters, he shall be guilty of an offence.
If any person has in his possession or control in the vicinity of a freshwater lake or freshwater portion of a river, any net constructed or mounted so as to capable of being used for the capture of fish with intent to use it in contravention of the general prohibition or bye-laws he is guilty of an offence. The net and other such instrument and bait et cetera shall be forced on conviction.
Where a person is charged and it is proved that he was in possession of the net in such vicinity, it shall be presumed that it was in his possession or control with intent to use it contrary to the prohibition, on unless he can prove with the time the offence s committed he came within the exception or the net is a draft net, its use is permitted under bye-laws or if he is in possession of net on the boundary between tidal and freshwater parts of the river he had a license to use the net in the fishery district.
In a charge for an offence under the above provision which alleges possession or control of a net or other instrument etc. it is found in a boat or a vehicle belonged to him or premises occupied by him, it is presumed to have been in his possession or control.
1980 Act provides that the Minister may prohibit the sale of nets or netting of a description or clause. Sale of netting and contravention of regulations made by the Minister is an offence.
There is a defence based on the defendant notifying the Minister in advance of the sale of his intention to sell nets in the prescribed class and having inquired again in advance of the purchaser as to the purposes for which it is used, and having kept a record in the manner prescribed. If the court is satisfied the inquiry was made in good faith and would have been reasonable for the defendant as a result, to have believed that the netting was not to be used in relation to fishing, the defendant is not guilty.
The Fisheries Act authorise the use of nets in freshwater under byelaws. This was an attempt to preserve customary rights to use drifts on certain lakes and were intended in schemes to exterminate predators such as pike from freshwater lakes.
The Minister may authorise byelaws regarding the use of nets subject to conditions as he considers proper in a specified area in the freshwater portion of a river or lake the capture of fish other than salmon, trout or eel.
Byelaws may be made on an application to permit the use of a draft net for the capture of trout in specified freshwater lakes exceeding 30 square miles in area. The owners of the fisheries if any in the lake must consent. It must be established that within 20 years before 1948, nets were used as of right in the lake for the capture of trout by members of the public who depended on the same for their livelihood.
Part 8 of the Fisheries Act 1959 seeks to ensure the free passage and migration of fish in salmon rivers at all times. Dams must not interfere with the free passage of fish under legislation first enacted in 1842. The Minister has powers to serve notices requiring work to be done to ensure the free run of fish. The Minister may alter or remove natural obstructions such as ledges of rock which prevent free passage.
It is an offence
- to kill, destroy or take fish in a fish pass
- to hang, fix or use any fishing engine in the fish pass or to
- place any obstruction or contrivance whereby fish may be scared, deterred or prevented from freely passing through a fish pass.
A fixed engine is any stake net, bag net, fixed draft net, fixed long line, head weir, any net, implement, engine or other device, fixed to the soil or secured by one or more anchors and used solely for the purpose of facilitating the taking of fish,not being a fishing weir, a fishing mill dam or drift net.
fixed engine” means any engine, being – a stake net, a bag net, a fixed draft net, a fixed long line, or a head weir, or any net, implement, engine or device, fixed to the soil or secured by one or more anchors or by any other means, and used solely for the purpose of taking or facilitating the taking of fish, not being a fishing weir, a fishing mill dam or a drift net;
A fishing weir is any structure or obstruction which is fixed to the soil across or partly across a river and is used solely for the purpose of taking or facilitating the taking of fish or incorporates one or more openings whereby fish may be taken and is not a head weir.
A fishing weir must have a free gap. It must be situated in the deepest part of the stream. The sides of the free gap shall be in line with and parallel to the direction of the stream at the weir. The bottom shall be level with the natural bed of the stream above and below the gap. The width of the free gap at its narrowest part shall be not narrower than three feet, and, subject to that limitation, shall not be narrower than one-tenth part of the width of the stream or fifty feet whichever is the less.
Where there is a chartered or patent fishing weir existing as of 1863 which does not exceed forty feet, and where it may be inexpedient to require a free gap to be made, the Minister may, direct an extension of the weekly close time. The Minister may authorise the operation of a without a free gap, subject to conditions as to the release upstream of a sufficient number of fish to adequately maintain a stock of such fish.
The Minister may make an order authorising the operation of a specified eel fishing weir without a free gap. The order may be revoked on conviction or on failure to comply with the conditions.
Where there is no gap in the fishing weir in accordance with the above provisions, the Minister may serve an order on the occupier requiring construction of a free gap in the fishing weir within a period of a month. A person notified may apply to the Circuit Court for an order quashing the notice. A person is guilty of an offence if he does not comply with the same.
- It is an offence to make alterations to the bed of a river that results to reduce the flow of water through a free gap.
- It is an offence to use a fishing engine in a free gap.
- It is an offence to use a fishing engine within 50 yards above or below any part of a fishing weir.
- It is an offence to use a contrivance or do any act whereby fish may be deterred in anyway or prevented from freely entering or passing up and down a free gap at all times of the year.
- It is an offence to place any obstruction . The onus is on the accused to prove he did not construct the obstruction in the event of a prosecution. On conviction, the Minister may remove the obstruction and recover the expense.
Where a Minister is satisfied that sea trout form the principal part of the fish caught in a salmon weir, he may, by order declare that the obligations are varied.
Using a box in a fishery salmon weir in contravention of the requirements is an offence.
The attachment to any fishing weir or fishing mill dam of a guiding wall of greater length than twenty metres is prohibited. The attachment of a guiding wall which has the effect of narrowing up or preventing the ingress and discharge of water through the free gap is prohibited.
The Minister may, if he thinks fit and subject to conditions grant exemptions for a limited time or without limitation in respect of specified fishing weirs or fishing mill dams used solely for the purpose of the capture of eels.
A Fixed engine is a engine being a stake net, bag net. Part VIII of the Fisheries Act contains provisions prohibiting fishing with fixed engines, fishing weirs, fishing mills dams. Fishing using any fixed engine for the capture of salmon without a certificate under the 1863 Act in force before 1923 is an offence.
It is an offence to erect in the freshwater portion of any river a fishing weir, mill, dam or fishing engine. The Minister has power to demolish any engines erected in contravention and may recover the costs of doing so as a debt.
There are exemptions for long lines used solely for the capture of eels and engines used for capture of fish other than trouts, salmon and eels.The Minister may, authorise engines in connection with eels at a specified place in freshwater portion of a river or lake or a specified kind of fishing engine for the capture of eels.
The Act prohibits the use other than the erection of fishing engines in the freshwater portion of any river or lake unless it is lawfully used in one of the areas in 1936 to 1938. One or more boxes in a fishing weir used during those years are deemed to be lawfully used.
The Minister may grant an eel fishery authorisation to the occupier of a fishery subject to conditions and provisions for revocation. There is exemption from the provisions for fishing weirs erected by ESB for the capture of eels or in exercise of powers conferred for use of fishing engine in respect of eels or fishery authorisations.
The Fisheries Act prohibits placing, erecting, fishing with or using a fixed engine in any part of an estuary or the tidal part of any river or the bed, where the breadth at lower water is less than three quarters of a mile by any person who is not owner of the several fishery in the whole of the estuary in the river. It creates an offence and provided the court shall order the stakes thereof to be pull down and destroy in the event of conviction. There is provision for forfeiture of the engine.
There is exemption for stake nets and other contrivances established 20 years before 1842 and stake nets head weirs and other contrivances established in a lawfully constituted several fishery for 10 years before that date and any head weir not fished by means of a fixed net.
The same activity is prohibited within one mile seaward, coastward or inward from on either side of the mouth of any river being a river at the inland portion which is frequented by salmon and the mouth of which is at low water at ordinary spring tide less in breadth than half a mile other than by the proprietor of a several fishery within the limits thereof. As part of the order on conviction the stakes are to be removed and the cost of removal and expenses charged to the defendant.
It is an offence to place or allow, to continue on any river or estuary within three miles from the mouth of a river a bag net. Any bag net placed in contravention is deemed a common nuisance and may be taken and destroyed. The owner is guilty of an offence.
It is an offence to place, erect or maintain any stake net or any leader, outrigger or other works of any kind or description whatsoever therewith or adjacent thereto in such a manner as will extend to a greater distance than from high water mark to low water mark at ordinary spring tides. This does not apply to a head weir not fished by means of a fixed net.
It is an offence
- to construct, maintain or use a stake net which is capable of taking undersized fish or the fry of salmon or any such fish,
- maintaining any such stake net, et cetera, the meshes whereof are not stretched to the full opening.
- to maintain or use a stake net which is so constructed that a clear opening of at least four feet cannot be made in the pouches, traps and chambers of such stake net, from the top to the bottom
- maintain or use any bag net, the meshes of the nets of any leader whereof are not stretched to their full opening, or
- maintaining or using any bag net which is so constructed that the leader thereof cannot be raised and kept out of the water.
It is lawful for the owner or occupier of land bordering the sea or estuary with the permission of the Minister or for any person with the consent of the owner or occupier and with the permission of the Minister to form a bait bed on the seashore adjacent to land. The bait bed is private property of the person by whom it is planted. The planting of the bait bed shall not give any exclusive right title to the occupancy of the shore. It is an offence to interfere with the bait bed.
It is an offence during daytime to set either in the sea or tideway of an estuary any net for catching up herrings or any trammell net or leave any drag or other net in the water during daytime. If a person during the period between sunset and sunrise shall set any such net it shall be removed before sunrise.These provisions do not apply to fixed engines for catching salmon and certain other specified types of net.
A person uses any trawl or trammell net at any season or any place either in the sea or within the tideway of an estuary when or where its use is prohibited by a byelaws is guilty of an offence.
It is an offence during daytime to set either in the sea or tideway of an estuary any net for catching up herrings or any trammell net or leave any drag or other net in the water during daytime. If a person during the period between sunset and sunrise shall set any such net it shall be removed before sunrise.These provisions do not apply to fixed engines for catching salmon and certain other specified types of net.
A person uses any trawl or trammell net at any season or any place either in the sea or within the tideway of an estuary when or where its use is prohibited by a byelaws is guilty of an offence.