{"id":13316,"date":"2022-07-29T07:11:22","date_gmt":"2022-07-29T07:11:22","guid":{"rendered":"http:\/\/legalblog.ie\/?p=13316"},"modified":"2024-02-18T16:37:23","modified_gmt":"2024-02-18T16:37:23","slug":"licences-2","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/licences-2\/","title":{"rendered":"Freshwater Licences"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/licences-2\/#Trout_Salmon\" title=\"Trout &amp; Salmon\">Trout &amp; Salmon<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/licences-2\/#Ordinary_Fishing_Licences\" title=\"Ordinary Fishing Licences\">Ordinary Fishing Licences<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/licences-2\/#Issue_of_Licences\" title=\"Issue of Licences\">Issue of Licences<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/licences-2\/#Fishery_District_Covered\" title=\"Fishery District Covered\">Fishery District Covered<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/licences-2\/#Rods_Engines_Covered\" title=\"Rods &amp; Engines Covered\">Rods &amp; Engines Covered<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/licences-2\/#Licensing_of_Engines\" title=\"Licensing of\u00a0 Engines\">Licensing of\u00a0 Engines<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/licences-2\/#Licence_Duty\" title=\"Licence Duty\">Licence Duty<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/licences-2\/#Payment_by_instalments_re_draft_nets_and_drift_nets\" title=\"Payment by instalments re draft nets and drift nets\">Payment by instalments re draft nets and drift nets<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/licences-2\/#Offences\" title=\"Offences\">Offences<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/licences-2\/#Special_local_licences\" title=\"Special local licences\">Special local licences<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/licences-2\/#Restrictions_on_Issue_of_Fishing_Licences\" title=\"Restrictions on Issue of Fishing Licences\">Restrictions on Issue of Fishing Licences<\/a><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Trout_Salmon\"><\/span>Trout &amp; Salmon<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The following does not apply to the use in any special tidal waters of a fishing engine for the taking of salmon or trout. If any person uses or erects in any fishery district any scheduled engine, for the taking of salmon, trout, coarse fish or eels in respect of which there is not for the time being in force an ordinary fishing licence authorising the use of that engine by that person in that fishery district, such person shall be guilty of an offence under this provision and shall be liable on summary conviction thereof to a fine not exceeding \u20ac2,000, \u00a0on conviction on indictment to a fine not exceeding \u20ac10,000, or to imprisonment for a term not exceeding 2 years or both.<\/p>\n<p>Where a person is convicted of an offence under this provision the engine in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.\u00a0This provision does not apply to the use of rod and line.<\/p>\n<p>If any person fishes for or takes or kills any salmon, trout and coarse fish or any of them with rod and line in any fishery district and such person is not the holder of &#8211;<\/p>\n<ul>\n<li>in the case of such salmon, a salmon rod ordinary licence or a composite freshwater angling ordinary licence,<\/li>\n<li>in the case of such trout, a trout rod ordinary licence or composite freshwater angling ordinary licence,<\/li>\n<li>in the case of such coarse fish, a coarse fish rod ordinary licence or a composite freshwater angling ordinary licence,<\/li>\n<\/ul>\n<p>which is for the time being in force, such person shall be guilty of an offence.<\/p>\n<p>The above shall not apply in respect of the fishing for or taking or killing, by a person who has not reached his eighteenth birthday or has reached his sixty-sixth birthday, of any trout with one rod and line or of any coarse fish with one or two rods and lines.<\/p>\n<p>A person who is guilty of an offence under this provision shall be liable-<\/p>\n<ul>\n<li>on summary conviction thereof to a fine not exceeding \u20ac2,000,<\/li>\n<li>on conviction on indictment to a fine not exceeding \u20ac10,000, or to imprisonment for a term not exceeding 2 years or both.<\/li>\n<\/ul>\n<p>Where a person is convicted of an offence under this provision, any rod and line in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Ordinary_Fishing_Licences\"><\/span>Ordinary Fishing Licences<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Inland Fisheries Ireland shall, in accordance with this provision, issue fishing licences (in the Fisheries Act referred to as ordinary fishing licences) in respect of scheduled engines.<\/p>\n<p>The periods for which ordinary fishing licences are to be issued shall be \u2013<\/p>\n<ul>\n<li>in the case of salmon rod ordinary licences \u2013 the period of twenty-one days and the period of one year,<\/li>\n<li>in the case of trout rod ordinary licences &#8211; the period of twenty-one days and the period of one year,<\/li>\n<li>in the case of coarse fish rod ordinary licences &#8211; the period of twenty-one days and the period of one year,<\/li>\n<li>in the case of composite freshwater angling ordinary licences -the period of one year,<\/li>\n<li>in the case of other ordinary fishing licences &#8211; the period of one year.<\/li>\n<\/ul>\n<p>Salmon rod ordinary licences issuable for twenty-one days and available for use in every fishery district shall be called, and in the Fisheries Act are referred to as, salmon rod (twenty-one day) ordinary licences. Salmon rod ordinary licences issuable for a year and available for use in every fishery district shall be called, and in the Fisheries Act are referred to as, salmon rod (annual) ordinary licences.<\/p>\n<p>Trout rod ordinary licences issuable for twenty-one days and available for use in every fishery district shall be called, and in the Fisheries Act are referred to as, trout rod (twenty-one day) ordinary licences. Trout rod ordinary licences issuable for a year and available for use in every fishery district shall be called, and in the Fisheries Act are referred to as, trout rod (annual) ordinary licences.<\/p>\n<p>Coarse fish rod ordinary licences issuable for twenty-one days and available for use in every fishery district shall be called, and in the Fisheries Act are referred to as, coarse fish rod (twenty-one day) ordinary licences. Coarse fish rod ordinary licences issuable for a year and available for use in every fishery district shall be called, and in the Fisheries Act are referred to as, coarse fish rod (annual) ordinary licences.<\/p>\n<p>A salmon rod (twenty-one day) ordinary licence, a trout rod (twenty-one day) ordinary licence and a coarse fish rod (twenty-one day) ordinary licence shall each be valid and in force for the period of twenty-one days commencing on the date specified in that behalf in the licence concerned.<\/p>\n<p>An ordinary fishing licence (other than an ordinary fishing licence to which paragraph (a) of this subprovision relates) shall be valid and in force for the year specified in that behalf in the licence.<\/p>\n<p>A separate ordinary fishing licence shall be issued for each separate fishing engine.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Issue_of_Licences\"><\/span>Issue of Licences<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Every ordinary fishing licence issued by Inland Fisheries Ireland shall\u00a0 be in such form as the Minister may from time to time direct, state thereon &#8211;<\/p>\n<ul>\n<li>the name of Inland Fisheries Ireland,<\/li>\n<li>the period for which it is to be valid and in force,<\/li>\n<li>where appropriate, the number or name of the fishery 36<\/li>\n<li>district to which it relates,<\/li>\n<li>the kind of fishing engine to which it relates.<\/li>\n<\/ul>\n<p>Where an application is made for a freshwater rod ordinary licence,such licence shall be issued by Inland Fisheries Ireland.<\/p>\n<p>Where an application is made to Inland Fisheries Ireland for a licence for a fishing engine (being a fixed engine, a box in a fishing weir or a fishing \u00a0mill dam or an eye gap or basket for taking eels in or on a fishing weir or a fishing mill dam), such licence shall be issued in the area which immediately before the passing of the Fisheries Act comprised the electoral division which included the place at which such engine is situate.<\/p>\n<p>Every ordinary licence issued in respect of an engine for fishing (other than rod and line) shall contain on the face thereof &#8211;<\/p>\n<ul>\n<li>in the case of an engine to be used in a several fishery, the name of the person (in this provision referred to as &#8216;the owner&#8217;) who is for the time being entitled so to use such engine for his own benefit,or<\/li>\n<li>in every other case, the name and address of the person paying the licence duty on such engine, together with, if such person, or in case the licence relates to an engine so to be used, the owner, makes a request in writing in that behalf to Inland Fisheries Ireland, the name of not more than one other person specified in the request, and every ordinary licence which is so issued shall operate to authorise the use of the engine to which it relates by any person named in the licence.<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Fishery_District_Covered\"><\/span>Fishery District Covered<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>An ordinary fishing licence (not being a freshwater rod ordinary licence) shall be available for use in the fishery district as regards which the application for the licence was made and which is specified in the licence and in no other fishery district.<\/p>\n<p>Every fresh water rod ordinary licence shall be available for use in every fishery district.<\/p>\n<p>Every, freshwater rod ordinary licence shall specify the name and address of the person to whom it is issued and such licence shall not be available for use by any person except the person named therein or be transferred to any other person.<\/p>\n<p>Every ordinary fishing licence (other than a freshwater rod ordinary licence) shall operate to authorise the use, during the period specified therein and in the fishery district specified therein, of a fishing engine of the kind specified therein, but subject to the provisions of the Fisheries Act and any instrument made thereunder.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Rods_Engines_Covered\"><\/span>Rods &amp; Engines Covered<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Every freshwater rod ordinary licence shall operate to authorise the person named therein, but no other person, to use, during the period specified therein and in every fishery district<\/p>\n<ul>\n<li>in the case of a salmon rod ordinary licence, a salmon rod,<\/li>\n<li>in the case of a trout rod ordinary licence, a trout rod,<\/li>\n<li>in the case of a coarse fish rod ordinary licence, not more than two coarse fish rods,<\/li>\n<li>in the case of a composite freshwater angling ordinary licence any combination of rods, referred to above<\/li>\n<\/ul>\n<p>An ordinary fishing licence shall not be construed as giving or conferring any right of fishing or of using any engine for taking fish by any means or in any place which the person having or using the licence would not have possessed if the Fisheries Act had not been passed or as altering or affecting the rights of any other\u00a0 person.<\/p>\n<p>\u06eb composite freshwater angling ordinary licence\u201d means an ordinary fishing licence to fish with rod and line for salmon, trout and coarse fish and which is valid for the period of one year and is available for use in every fishery district.<\/p>\n<p>A licence is not required for angling for trout and coarse fish<\/p>\n<p>The ordinary licence duty in respect of a freshwater rod ordinary licence of the class is specifed. The Minister may, from time to time, with the consent of the Minister for Finance, by order alter the freshwater rod ordinary licence duty of a particular class specified.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Licensing_of_Engines\"><\/span>Licensing of\u00a0 Engines<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Where a person proposes to use in any fishery district an engine (not being a scheduled engine), for fishing for salmon, trout, coarse fish or eels, in respect of which no ordinary licence duty has been fixed under this provision by Inland Fisheries Ireland, such person may apply in accordance with this provision, to Inland Fisheries Ireland to fix the ordinary licence duty in respect of an ordinary fishing licence to use such engine, and upon receipt of such application Inland Fisheries Ireland may, with the approval of the Minister, fix such licence duty, regard being had as far as practicable to the estimated catching power of such engine as compared with scheduled engines.<\/p>\n<p>Every application under this provision in relation to an engine shall contain a description of the engine, its estimated catching power as compared with scheduled engines, and the name by which it is to be designated.<\/p>\n<p>Where Inland Fisheries Ireland fixes the ordinary licence duty in respect of an ordinary fishing licence to use in a fishery district a non-scheduled engine, it shall cause to be published in some newspaper circulating in such fishery district notice of the fixing of such licence duty.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Licence_Duty\"><\/span>Licence Duty<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Where Inland Fisheries Ireland fixes, in pursuance of an application , the licence duty in respect of a licence to use in a fishery district a non-scheduled engine, the following provisions shall have effect :\u00a0the applicant or any other person aggrieved by the amount of thelicence duty so fixed, may, upon giving, within ten days after publication of notice of the fixing of the licence duty, to the county\u00a0 registrar for the county or county borough wherein the said engine is proposed to be used, and Inland Fisheries Ireland notice of intention to do, appeal against the said amount, the said appeal shall be heard by the Judge of the Circuit Court, assigned to the Circuit which includes such county or county borough, \u00a0the said Judge, after hearing the appellant and Inland Fisheries Ireland, may, as he thinks fit, reduce, confirm or increase the amount of such duty and his decision shall be final,<\/p>\n<p>If any person (other than the Minister) uses in any fishery district any nonscheduled engine, without previously having complied with the above requiremeents \u00a0and without having deposited with Inland Fisheries Ireland such sum as Inland Fisheries Ireland may demand on account of the licence duty thereafter to be fixed in respect of such engine, then such person shall be guilty of an offence under this provision and shall be liable on summary conviction thereof to a fine not exceeding \u20ac2,000 and, in the case \u00a0of a continuing offence, a further fine (not exceeding in all \u20ac2,500) not exceeding \u20ac250 for each day during which the offence is continued.<\/p>\n<p>Inland Fisheries Ireland may appoint such and so many persons as it thinks fit to be agents of Inland Fisheries Ireland for the issue of ordinary fishing licences, and every person so appointed by Inland Fisheries Ireland shall be an authorised agent of Inland Fisheries Ireland for that purpose.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Payment_by_instalments_re_draft_nets_and_drift_nets\"><\/span>Payment by instalments re draft nets and drift nets<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Where\u00a0 not later than the first day of the open season for fishing with engines other than rod and line in any year for a fishing district, an application is made to Inland Fisheries Ireland for a licence tthe applicant tenders with his application one moiety of the licence duty payable in respect of such licence, the following provisions shall have effect &#8211;<\/p>\n<p>Inland Fisheries Ireland shall issue such licence to the applicant subject however to the condition (which shall be endorsed on such licence) that the balance of the said licence duty shall be paid not later than the thirtieth day after the first day of such open season,<\/p>\n<p>if such condition is not complied with such licence shall on and after the expiration of the said thirtieth day cease to be in force.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Offences\"><\/span>Offences<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>It shall not be lawful for any person to use in any special tidal waters any kind of fishing engine for the taking of salmon or trout, unless such person is the holder of a special local licence for the time being in force authorising such person to use in such tidal waters a fishing engine of that particular kind.<\/p>\n<p>If any person uses in contravention of this provision in any special tidal waters any fishing engine for the taking of salmon or trout, such person shall be guilty of an offence under this provision and shall be liable on summary conviction thereof to, in case the Minister has authorised the issue of special local licences to use in such tidal waters a fishing engine for the taking of salmon or trout of the kind so used by such persons, a fine not exceeding \u20ac2,000.<\/p>\n<p>Where a person is convicted of an offence under this provision the fishing engine in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Special_local_licences\"><\/span>Special local licences<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Minister may from time to time by order authorise Inland Fisheries Ireland to issue licences (in the Fisheries Act referred to as special local licences) to use in such tidal waters any specific kind of fishing engine (being a fishing engine of a kind in respect of which ordinary licences are issuable) for the taking of salmon or trout, and no special local licence to use in special tidal waters any kind of fishing engine for the taking of salmon or trout shall be issued unless an order has been made under this provision authorising Inland Fisheries Ireland to issue special local licences to use in such tidal waters such kind of fishing engine.<\/p>\n<p>Every special local licence in respect of special tidal waters shall &#8211;<\/p>\n<ul>\n<li>be in such form and contain such particulars as the Minister may direct;<\/li>\n<li>be sealed with the seal of Inland Fisheries Ireland;<\/li>\n<li>specify the year for which such licence is issued.<\/li>\n<\/ul>\n<p>A separate special local licence shall be issued for each separate fishing engine for the taking of salmon or trout.<\/p>\n<p>Where the holder of a special local licence is convicted of an offence, the Court by whom such person is convicted may, in addition to any other penalty, direct such licence to be forfeited.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Restrictions_on_Issue_of_Fishing_Licences\"><\/span>Restrictions on Issue of Fishing Licences<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Prohibition of issue of ordinary fishing licences in respect of special tidal waters. No ordinary fishing licence shall be issued in respect of any special tidal waters.\u00a0No ordinary licence shall be issued for fishing with a snap net in the tidal portion of the River Shannon.<\/p>\n<p>The Minister, if he so thinks fit on the application of the Electricity Supply Board, may by order prohibit the issue of ordinary licences for fishing with a snap net in the tidal portion of any river in which the said Board has acquired a fishery or fishing right. \u00a0Whenever the Minister has made an order , no ordinary licence shall be issued in contravention of such order.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-13316\" data-postid=\"13316\" class=\"themify_builder_content themify_builder_content-13316 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Trout &amp; Salmon The following does not apply to the use in any special tidal waters of a fishing engine for the taking of salmon or trout. If any person uses or erects in any fishery district any scheduled engine, for the taking of salmon, trout, coarse fish or eels in respect of which there [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[188],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/13316"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=13316"}],"version-history":[{"count":8,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/13316\/revisions"}],"predecessor-version":[{"id":32033,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/13316\/revisions\/32033"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=13316"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=13316"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=13316"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}