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Select Committee on Enterprise and Economic Strategy díospóireacht -
Friday, 17 Jun 1994

SECTION 20.

Amendments Nos. 18, 19, 20, 22 to 37, inclusive, 39, 42, 44 to 49, inclusive, 54 to 62, inclusive, 64, 65, 67, 68 and 69 form a composite proposal and may be discussed together by agreement.

I move amendment No. 18:

In page 11, line 36, after "Trout" to insert ", Molluscan Shellfish".

Amendment agreed to.

I move amendment No. 19:

In page 12, line 9, to delete "licence;" and subsitute "licence, or".

Amendment agreed to.

I move amendment No. 20:

In page 12, between lines 9 and 10, to insert the following:

"(c) a molluscan shellfish dealer's licence;".

Amendment agreed to.

I move amendment No. 21:

In page 12, to delete lines 10 to 13 and substitute the following:

"the expression ‘salmon dealer's licence' means a licence issued under subsection (1) of section 159 to deal in salmon and trout;

the expression ‘eel dealer's licence' means a licence issued under subsection (1) of section 159 to deal in eels;".

Amendment agreed to.

I move amendment No. 22:

In page 12, to delete lines 10 to 13 and substitute the following:

"the expression ‘salmon dealer's licence' means a licence issued under subsection (1) of section 159 to deal in salmon and trout.

the expression ‘eel dealer's licence' means a licence issued under subsection (1) of section 159 to deal in eels;".

Amendment agreed to.

I move amendment No. 23:

In page 12, line 17, to delete "or eels" and substitute ", eels or molluscan shellfish".

Amendment agreed to.

I move amendment No. 24:

In page 12, line 19, to delete "or eels" and substitute ", eels or molluscan shellfish".

Amendment agreed to.

I move amendment No. 25:

In page 12, line 23, to delete "or eels" and substitute ", eels or molluscan shellfish".

Amendment agreed to.

I move amendment No. 26:

In page 12, lines 24 and 25, to delete "salmon or eel dealer's licence" and substitute "salmon, eel or molluscan shellfish dealer's licence".

Amendment agreed to.

I move amendment No. 27:

In page 12, line 29, to delete "or eels" and substitute ", eels or molluscan shellfish".

Amendment agreed to.

I move amendment No. 28:

In page 12, line 36, after "eels" to insert "or molluscan shellfish".

Amendment agreed to.

I move amendment No. 29:

In page 12, line 43, to delete "or eels" and substitute ", eels or molluscan shellfish".

Amendment agreed to.

I move amendment No. 30:

In page 12, line 4, to delete "or eels" and substitute", eels or molluscan shellfish".

Amendment agreed to.

I move amendment No. 31:

In page 12, line 8, to delete "or eels" and substitute ", eels or molluscan shellfish".

Amendment agreed to.

I move amendment No. 32:

In page 13, line 10, to delete "or eel dealer's licence" and substitute ", eel dealer's licence or molluscan shellfish dealer's licence".

Amendment agreed to.

I move amendment No. 33:

In page 13, line 15, to delete "or eels" and substitute ", eels or molluscan shellfish".

Amendment agreed to.

I move amendment No. 34:

In page 13, line 21, after "eels", to insert "or molluscan shellfish".

Amendment agreed to.

I move amendment No. 35:

In page 13, line 29, to delete "or eels" and substitute ", eels or molluscan shellfish".

Amendment agreed to.

I move amendment No. 36:

In page 13, line 33, to delete "or eels" and substitute ", eels or molluscan shellfish".

Amendment agreed to.

I move amendment No. 37:

In page 13, line 34, to delete "or eels" and substitute ", eels or molluscan shellfish".

Amendment agreed to.

I move amendment No. 38:

In page 13, between lines 40 and 41, to insert the following:

"(2) A person making an application to a judge of the District Court for the grant by the District Court of a certificate under this section in relation to a salmon dealer's licence or an eel dealer's licence shall give notice in writing of the application to the regional board in whose fisheries region is situate any fisheries district in which he carries on or proposes to carry on the business of selling, or exporting for sale, salmon and trout or eels, as the case may be, not less than fourteen days before the date of the hearing of the application and each such board shall, through such of its officers as it shall nominate for the purpose, be entitled to appear in court and be heard on the hearing of the application.".

Amendment agreed to.

I move amendment No. 39:

In page 13, line 48, to delete "or eels" and substitute, ", eels or molluscan shellfish".

Amendment agreed to.

I move amendment No. 40:

In page 13, to delete lines 49 and 50 and substitute the following:

"place within such board's fisheries region, and".

Amendment agreed to.

I move amendment No. 41:

In page 14, line 1, to delete "twenty-five" and substitute "sixty".

Amendment agreed to.

I move amendment No. 42:

In page 14, line 3, to delete "or eel dealer's licence" and substitute ", eel dealer's licence or molluscan shellfish dealer's licence".

Amendment agreed to.

I move amendment No. 43:

In page 15, to delete lines 30 to 33 and substitute the following:

"(6) In this section and in the next following section ‘the relevant regional board' means, in relation to a Part X licence, the regional board by which the licence was issued or, if the licence was issued by a board of conservators, the regional board within whose fishery region is situate the fishery district which was formerly the fishery district of such board of conservators.".

Amendment agreed to.

I move amendment No. 44:

In page 16, line 34, to delete "or eel dealer's licence" and substitute ", eel dealer's licence or molluscan shellfish dealer's licence".

Amendment agreed to.

I move amendment No. 45:

In page 16, line 42, to delete "or eels" and substitute ", eels or molluscan shellfish".

Amendment agreed to.

I move amendment No. 46:

In page 16, line 52, to delete "or eels" and substitute ", eels or molluscan shellfish".

Amendment agreed to.

I move amendment No. 47:

In page 16, line 54, to delete "or eels" and substitute ", eels or molluscan shellfish".

Amendment agreed to.

I move amendment No. 48:

In page 16, line 56, to delete "or eels" and substitute ", eels or molluscan shellfish".

Amendment agreed to.

I move amendment No. 49:

In page 18, line 14, after "licence" to insert ", a molluscan shellfish dealer's licence".

Amendment agreed to.

I move amendment No. 50:

In page 18, to delete lines 17 to 38. My information is that this should not have been included in the Bill, this is a drafting amendment.

Is this provided for elsewhere?

The 1980 Act.

Amendment agreed to.
Question proposed: "That section 20, as amended, stand part of the Bill."

If a person has a licence to fish for salmon, trout or eels does he or she also have to hold a dealer's licence to sell his catch?

Section 20 states——

He has to sell his own catch.

——that it shall not be lawful for any person to sell, expose for sale or keep for sale at any place salmon, trout or eels unless such person is the holder of a dealer's licence and in such places at which he is authorised by that licence to sell.

In relation to his own catch it states that this section shall not apply to a fisherman selling salmon, trout or eels of his own lawful capture. That should answer the Deputy's point.

Question put and agreed to.
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