Ins an mBille seo tá ceithre fadhbanna dá bhfuascailt trí leasú ar chuid de na hAchtanna Iascaigh. Is feasach do na Seanadóirí gur foráladh san Acht Iascaigh, 1939, líontóireacht breac is bradán i bhfíoruisce a thoirmease agus gur tugadh éifeacht don fhoráil sin ón gcéad lá den bhliain naoi gcéad déag dachad a hocht amach. Moladh an fhoráil sin go forleitheadúil ag dreamanna deontacha a bhfuil spéis faoi leith aca sa tslat-iascaireacht. Rinneadh dearmad, áfach, ar aon dream amháin i lár na tíre nárbh aon chúrsa spóirt acu an t-iascach ach gurbh an phríomhchuid dá slí mhaireachtálaí. Tá cónaí ar na hiascairí seo ar na hoileáin i Loch Riach ar an tSionainn. Maolaíodh an toirmeasc, roinnt, trí fho-dhlí a dhéanamh trí bliana ó shoin a thug cead dóibh líontóireacht éisc ghairbh a chleachtadh. Níor leor é sin lena gceart féin a thabhairt ar ais do mhuintir Loch Riach; agus níor ghá an toirmeasc ar mhaithe le hiascaireacht na Sionainne i ngeall ar fhairsingeacht an locha. Níor thángthas ar aon chás eile dá shórt agus tá an tUdarás Iascaigh sásta nach bhfuil aon chás eile ann.
Baineann fadhb eile leis an dlí faoi go gcaitear bearna a bheith i ngach cora iascaigh. Ní féidir an dlí seo a chómhlíonadh sna stáisiúin leictreachais sna haibhneacha. Tá deis nua-cheaptha acu chun an t-iasc a chomharthú agus a ligint suas tar éis cuid acu a choinneáil le díol. Má ritear alt a trí den Bhille measfear an deis seo a bheith ina cora iascaigh chun críche an Achta seo.
Baineann Alt a cúig le fadhbanna sa dlí maidir le aibhseacha, lochanna, agus mar sin de, a shábháil ar thruailliú ó nimh agus ábhair dhíobhálacha eile. Tá an fhoráil nua níos leithne agus níos dlúithe na mar a foráladh cheana. Síltear go mbeidh srian daingean leis an gcúis dochair seo don iascaireacht agus an t-alt seo ina dhlí.
Tá réiteach ar an gceathrú fadhb in alt a sé. Míníonn an t-alt seo é féin.
The fact that a short Fisheries (Amendment) Bill comes before Seanad Éireann at this stage when the Fisheries (Consolidation) Bill, 1952 is still under examination by the Standing Joint Committee on Consolidation Bills may perhaps call for some brief explanation. The original intention was that any attempt at large-scale amendment of the Fisheries Acts should be deferred until the present state of the law had been clearly defined in a Consolidation Bill. This is still my general intention, but within the past year a number of urgent problems have arisen in regard to inland fisheries which cannot well be delayed, and I am advised that if these are now dealt with by this legislation it will be possible to have them incorporated in the Consolidation Bill on the recommendation of the Standing Committee.
Section 2 of the Bill is to enable the Minister to authorise by by-law the use of draft nets for the capture of trout in certain waters, notwithstanding the general prohibition of all net fishing in fresh water effected by Section 35 of the Fisheries Act, 1939, which has been in operation since the 1st January, 1948. The need for this provision has arisen in regard to the waters in Lough Ree on the River Shannon, where all shades of opinion have supported the claim of the islanders in the lake for the restoration of their ancient rights of netting for trout. Such rights as were claimed, were, of course, superseded on the vesting of Lough Ree, as part of the Shannon system, in the E.S.B. under the Shannon Fisheries Act, 1938, and, accordingly, the consent of that board is required before any permissive by-law can have real effect. I have, therefore, with the concurrence of the Minister for Industry and Commerce, secured the assent of the E.S.B. to the present proposal.
While a special case has been made for the restoration of netting for trout in Lough Ree only, it has been deemed advisable to frame Section 2 in general terms. Section 2 provides that certain stringent conditions must be fulfilled before a by-law can be made enabling several owners to grant permission to persons to use nets for the taking of trout in the lakes, the fishing rights of which are vested in them. Even when all these requirements have been fulfilled a further safeguard in the fishery interest is provided in the form of the holding of a public inquiry under Section 4 of the Bill, and the application of the general provisions of the Fisheries Acts as to publication of and appeal against by-laws affords ample opportunity for representations by interested persons.
The modification of the general provisions of the Fisheries Acts as to operation of fishing weirs proposed in Section 3 is designed to deal with a problem facing the E.S.B. in regard to the salmon fisheries of the River Erne. The board has become the owner of the salmon fishing rights formerly exercised at Assaroe Falls, near Ballyshannon. The fishing weir at these falls was, however, demolished in the course of the hydro-electric construction works, and as matters stand the E.S.B. would have to incur the expense of erecting a new weir in order to carry on the fishing operations formerly practised by their predecessors in title.
As, however, all fish ascending the River Erne must use the fish passes associated with the hydro-electric dams, the common-sense course was recognised to be the taking of a proportion of such fish by means of a suitable device incorporated in the fish pass at Cathaleen's Falls. This cannot, however, be permitted under the existing fishery law, and as the prohibition against taking fish in a fish pass must be maintained in regard to milldams and similar structures throughout the country, it is considered undesirable to modify it in the present case. Instead, it is proposed to declare by legislation that the fishing device which the board proposes to install in the fish pass is to be deemed a fishing weir. This interpretation will, of course, attract the provisions of the Fisheries Acts relative to fishing weirs, but as the number of fishing weirs throughout the country is relatively small, it is possible to say to what extent the proposed modification of the law will have effect.
It may be convenient at this stage to distinguish between the position under the Fisheries Acts of a fishing weir or fishing milldam and a weir across a river which does not incorporate a fishing unit described in the Fisheries Acts as a fishing box. In the former case, every fishing weir or fishing milldam must have a free gap located in the deepest part of the stream and complying with certain requirements as to dimensions and construction. This free gap must be open at all times to permit ascent of such fish as do not find their way into fishing boxes or traps. On the other hand, a weir or milldam which is not used for fishing must be provided with suitable means to enable salmon to surmount it at all times. No particular requirements are laid down in regard to the design or location of fish passes and, in fact, there is a variety of designs known to fishery engineers in this country from the simple groyne-type fish pass to the ingenious hydraulic fish lift which forms part of the hydro-electric dam at Leixlip on the River Liffey.
What has been said will perhaps serve to explain why it is found necessary for purposes of legislation to regard as a fishing weir the proposed fishing device which is to form part of the Cathaleen's Falls fish pass. Having given this device the status of a fishing weir, it is further necessary to authorise the operation of this fishing weir without a free gap, since the statutory provisions relating to free gaps cannot possibly be applied to such a device which will be no more than a trap fitted in one of the pools of the fish pass.
As an alternative, therefore, to the rather haphazard method of escapement of fish which is achieved in a normal fishing weir through the existence of a free gap, it is intended that this new fishing device should be operated in such a manner as to ensure the release upstream of a sufficient number of fish for the adequate maintenance of stocks. As an exact count will be made of the numbers of salmon taken and released upstream, respectively, it is to be expected that the new system will, in fact, be a great improvement on that of the free gap in ensuring the due maintenance of fish stocks.
Although, as already stated, the need for a provision on the lines of Section 3 has arisen out of a particular problem encountered by the E.S.B. on the River Erne, the section has been drawn in general terms so that it may be applied to other E.S.B. installations and also, in due course, to weir fisheries which will be transferred to State ownership as provided under Part V of the Fisheries Act, 1939.
As any change in application to a particular river of the existing statutory provisions regarding escapement of fish past fishing weirs is liable to be of concern to fishery proprietors and others with interests in the river concerned, provision is made in Section 4 for the holding of a public inquiry into the desirability of making any Order as proposed. As an added assurance to interested parties, provision is also made for publication of the draft Order which will indicate exactly what conditions are being imposed as to release of fish upstream, and such parties will have the opportunity of lodging objections, if they consider that their interests are not being adequately protected.
Section 4 provides for the public inquiries already referred to under Sections 2 and 3, and needs no further explanation.
Section 5, entitled "Protection of Waters from Pollution", consists largely of a re-enactment of Section 26 of the Fisheries Act, 1939, as amended by Section 3 of the Fisheries (Amendment) Act, 1944, which was inadvertently repealed by the Fisheries (Statute Law Revision) Act, 1949. The amendment made in 1944 took the form of substituting a new section for the 1939 provision. I have been advised that the repeal referred to carried with it the new substituting section, with the result that neither section now remains in force.
The section, as now drafted, contains a new definition of deleterious matter, namely, any explosive or any substance which on entry or discharge into any waters is liable to render the waters poisonous or injurious to fish, spawning grounds or the food of any fish. The prohibition of discharge of deleterious matter, as so defined, will, it is believed, be more satisfactory than the former prohibitions of the discharge of substances described as to their nature rather than as to their effect on fish life on being discharged into water. As, however, so wide a definition would embrace many substances which are daily discharged from industrial plants and sewerage systems in such a manner as to be quite harmless, provision is made for the grant of licences for the discharge of effluents, subject to conditions which will be set out in the licence. These conditions would cover matters such as rate of discharge and treatment by way of cooling or dilution so as to render them non-injurious to fish life. Moreover, as such provisions must be administered with due regard to the needs of industry and of public health authorities, licences will be granted only after consultation with the Minister for Industry and Commerce or the Minister for Local Government, as the case may require.
Sub-section (7) of Section 5 provides for repeal of two provisions which will be rendered redundant on enactment of that section.
The remaining provision which calls for explanation is Section 6 which, in effect, puts salmon rod licence holders in the Foyle area in the same position as licence holders in fishery districts throughout the State in regard to the obtaining of a second or endorsement licence in another fishery district on payment of a reduced fee of 10/-. The Foyle Fisheries Commission, by regulations made under the Foyle Fisheries Act, 1952, has already adopted this principle by prescribing a 10/- licence fee for any salmon angler who already holds a licence for the same year in a fishery district. Thus, a person who takes out a £2 licence in, say, the Letterkenny fishery district can fish in any part of the Foyle area, comprising the entire former Moville-Derry fishery districts, on payment of a 10/- licence fee.
As the law stands, however, I am advised that the holder of a Foyle area salmon rod licence is not entitled to get an endorsement licence in the Letterkenny district, as the Foyle area is not a fishery district for the purposes of the fisheries Act, 1925. This section removes this anomaly by declaring the Foyle area to be "another district" for the purposes of Section 12 and First Schedule of the Fisheries Act, 1925. I understand that legislation will also be introduced in Belfast to make corresponding provision as to availability of Foyle area rod licences in Six County fishery districts.
