District Court Rules

ORDER 65

FISHERIES

Definitions

1. In this Order—

‘the Act of 1962’ means the Fisheries (Amendment) Act, 1962 (No 31 of 1962);

‘the Act of 1978’ means the Fisheries (Amendment) Act, 1978 (No 18 of 1978);

‘the Act of 1980’ means the Fisheries Act, 1980 (No 1 of 1980);

‘the Act of 1994’ means the Fisheries (Amendment) Act, 1994 (No 23 of 1994);

‘the Principal Act’ means the Fisheries (Consolidation) Act, 1959; (No 14 of 1959);

‘business’ means the selling or exporting for sale of salmon and trout, eels, or molluscan shellfish as appropriate.

Application for certificate of fitness

2. (1) An application pursuant to section 158 (as amended by section 14 of the Act of 1962 and the Fourth Schedule to the Act of 1980) of the Principal Act for a certificate of fitness to hold a Part X licence may be made at any sitting of the court for the court area in which the applicant carries on or proposes to carry on business.

(2) Such application shall be preceded by the issue and service of a notice in the Form 65.1, Schedule C, signed by the applicant or solicitor for the applicant.

(3) The applicant shall serve the notice upon Inland Fisheries Ireland not less than 14 days before the date of hearing of the application. Service may be effected in accordance with the provisions of section 324 of the Principal Act.

[Act 10/2010, Sch 3, Part 6(1)]

(4) When service has been effected the original notice, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least four days before the said date of hearing.

(5) A certificate of fitness to hold a Part X licence granted under the said section 158 shall be in the Form 65.2, Schedule C.

Application for detention of boat and persons (for 48 hours)

3. (1) An application to a Judge of the District Court pursuant to section 233A (as amended by section 12 of the Act of 1978 and as substituted by section 11 of the Act of 1994) of the Principal Act for an Order authorising the continued detention of a boat and the persons on board the boat (for a period of 48 hours) may be made at any sitting of the court for the court district in which is situated the port in which the boat and persons concerned are detained.

(2) Before making such application the applicant shall complete and lodge with the Clerk a notice in the Form 65.3, Schedule C, and shall deliver a copy thereof to each of the persons in respect of whom the order is sought.

(3) Where the court grants the application the order of the court shall be in the Form 65.4, Schedule C.

Detention of boat and persons pending adjudication of proceedings

4. An order of the court pursuant to section 234(1) (as substituted by section 13 of the Act of 1978) of the Principal Act requiring the detention of a boat and persons (including the master) on board such boat until proceedings have been adjudicated upon by the court shall be in the Form 65.5, Schedule C.

Detention of boat pending payment of fine and costs

5. An order of the court pursuant to section 236(1)(b) of the Principal Act requiring the further detention of a boat until a fine and costs (if any) are paid shall be in the Form 65.6, Schedule C.

Order for distress and sale of boat

6. An order of the court pursuant to section 236(1)(c) of the Principal Act for distress and the sale of a boat on the non-payment of a fine and costs (if any) shall be in the Form 65.7, Schedule C. Detention of boat pending taking possession of article forfeited

7. An order of the court pursuant to section 236(2) of the Principal Act made on the application of the prosecutor, authorising the detention of a boat until possession has been taken of an article on board the boat which has been ordered or stands forfeited shall be in the Form 65.8, Schedule C.

Further detention of boat pending determination of proceedings (incl. appeals and trials)

8. An order of the court pursuant to section 235(1) (as substituted by section 14 of the Act of 1978) of the Principal Act requiring the further detention of a boat pending—

(a) in the case of an appeal from, or any other proceedings in relation to, an order convicting a person of an offence under Chapter II or III of Part XIII of the Principal Act or an order dismissing proceedings in relation to such an offence, the determination of the appeal or any other proceedings (and any proceedings consequent upon the appeal or the other proceedings), [or]

(b) in a case where a person is sent forward for trial or for sentence charged with an offence under the said Chapter II or III, the determination of the case in the court to which that person was sent forward and, in the event of an appeal or other proceedings arising therefrom, the determination of the appeal or the other proceedings (and any proceedings consequent upon the appeal or the other proceedings), shall be in the Form 65.9 or 65.10, Schedule C, as appropriate.

Order for release of a boat

9. An order of the court pursuant to section 235(2)(a) (as substituted by section 14 of the Act of 1978) of the Principal Act requiring a boat to be released shall be in the Form 65.11, Schedule C.

Detention of boat/boat and persons pending adjudication of proceedings

10. An order of the court pursuant to section 301(2A) — as inserted by section 53 (b) of the Act of 1980 — of the Principal Act requiring the detention of a boat and person or persons or of the boat only until proceedings have been adjudicated upon by the court shall be in the Form 65.12, Schedule C.

Application for warrant — venue

11. (1) An application to a Judge of the District Court for the issue of a warrant pursuant to section 297 (as amended by section 71 of the Act of 1980) of the Principal Act may be made at any sitting of the court for the court district wherein the garden, dwellinghouse or curtilage thereof in respect of which the issue of the warrant is sought is situated.

Application for warrant — by sworn information

(2) Such application shall be made by the information on oath and in writing, in the Form 65.13, Schedule C, of an authorised person within the meaning of section 292 (as substituted in the Fourth Schedule to the Act of 1980) of the Principal Act.

Form of warrant

(3) Where the court grants the application, the warrant issued on foot of such information shall be in the Form 65.14, Schedule C.

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