I move amendment No. 16:
In page 11, between lines 20 and 21, to insert the following:
"(b) the substitution of the following subsection for subsection (4) thereof:
‘(4) The provisions of this section shall not apply to engines used for the capture of fish other than salmon, trout or eels.';".
I move amendment No. 17:
In page 11, between lines 32 and 33, to insert the following subsection:
"(2) Subsection (1) of section 100 of the Principal Act shall not apply, and shall be deemed never to have applied, to a fishing engine used in accordance with an authorisation purporting to have been issued by the Minister under the section.".
What is the rationale behind this amendment?
Its purpose is to amend section 100 (4) of the Fisheries (Consolidation) Act, 1959, in line with the other provisions relating to eels. The exemption from certain restrictions on the use of long lines solely for the capture of eels has been removed. Amendment No. 16 rectifies an anomaly in the Fisheries (Consolidation) Act, 1959, concerning the use of certain fishing engines in fresh water and validates retrospectively the use of fishing engines authorised after 1939. Section 100 (5) of the 1959 Act provides for the use of fishing engines for the capture of eels in accordance with the authorisation issued by the Minister while section 100 (1) permits the use in fresh water for all-purposes of fishing engines that were not in use from 1936-38. The amendment will remove this anomaly. It also retrospectively validates the use since 1938 of any fishing engine in the fresh water portion of any river or lake where that fishing engine was used in accordance with the authorisation issued under section 100 of the 1959 Act.
