S.I. No. 55/1954:

FISHERIES (AMENDMENT) ACT, 1953. FISHING WEIR OPERATION (NO. 1) ORDER, 1954.

FISHERIES (AMENDMENT) ACT, 1953. FISHING WEIR OPERATION (NO. 1) ORDER, 1954.

I, GEARÓID MAC PHARTHALÁIN, Parliamentary Secretary to the Minister for Agriculture, in exercise of the powers conferred by section 3 of the Fisheries (Amendment) Act, 1953 (No. 16 of 1953), and the Fisheries (Delegation of Ministerial Functions) Order, 1953 ( S.I. No. 281 of 1953 ), hereby order as follows :--

1. This Order may be cited as the Fishing Weir Operation (No. 1) Order, 1954.

2. This Order shall come into operation on the 29th day of March, 1954.

3. In this Order the expression " weekly fishing time " means the period commencing at 6 a.m. on Monday and ending at 6 a.m. on the following Saturday or such shorter period during which it shall be lawful to use an engine other than a rod and line for the capture of salmon.

4. The Electricity Supply Board is hereby authorised to operate without a free gap the fishing weir known as Cathaleen's Falls Weir in the town of Ballyshannon, subject to the following conditions :--

(a) The number of fish entering the said weir shall be counted in a manner to be approved by the Parliamentary Secretary to the Minister for Agriculture.

(b) The fish entering the said weir during the periods specified shall be dealt with as follows :--

(i) There shall be released upstream immediately after a count thereof has been made all fish taken in the said weir during the period from the 1st day of January to the last day of February in each year and in the period from the 20th day of August to the 31st day of December in each year.

(ii) There shall be released upstream immediately after a count thereof has been made all fish taken in the said weir during the weekly close time or any part of the weekly close time occurring during the period from the 1st day of March to the 19th day of August following.

(iii) Of the fish entering the said weir during the weekly fishing time or any portion of the weekly fishing time during the period from the 1st day of March to the 19th day of August following there shall be released upstream a number of fish which, together with the number of fish released during the weekly close time immediately preceding such weekly fishing time, shall be not less than four-fifths of the total number of fish entering the weir during the entire period of the seven days ending with such weekly fishing time.

(c) Fish shall be taken in the said weir only in such manner as may be approved by the Parliamentary Secretary to the Minister for Agriculture.

(d) The method of calculation to be adopted for the purpose of this Order shall be settled to the satisfaction of the Parliamentary Secretary to the Minister for Agriculture.

(e) A record shall be kept in a place convenient to the said weir of the number of fish entering the weir, the number permitted to escape upstream and the number and weight of the fish retained.

(f) The operation of the said weir shall at all times be open to inspection by any officer authorised for the purpose by the Parliamentary Secretary to the Minister for Agriculture or by the Ballyshannon Board of Conservators.

GIVEN under my hand this 23rd day of March, 1954.

(Signed) GEARÓID MAC PHARTHALÁIN,

Parliamentary Secretary to the

Minister for Agriculture.