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The Sovereignty of the Sea

Note 1307 — Chapter V · THE INADEQUACY OF THE THREE-MILE LIMIT FOR FISHERY REGULATIONS.

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Report on the Sea and Inland Fisheries of Ireland for 1904, p. xxv. Manual of Fisheries (Ireland) Acts. Section 3 (subsection 1) of the Steam Trawling (Ireland) Act, 1889 (52 & 53 Vict., c. 74), gave powers to the Inspectors of Irish Fisheries to make, alter, and revoke byelaws for prohibiting steam-trawling “within three miles of low-water mark of any part of the coast of Ireland, or within the waters of any other defined areas specified in any such byelaw, and subject to any conditions or regulations contained in such byelaw.” Subsection 2 enacted that “each and every person who uses any trawl-net, or any method of fishing in contravention of any byelaw of the Inspectors of Irish Fisheries made in pursuance of this section,” shall be subject to a fine not exceeding five pounds for a first offence, or twenty pounds for a second or subsequent offence, with forfeiture of the gear employed. Section 4 made it unlawful for “any person” to land or sell in Ireland any fish caught in contravention of any such byelaw. Section 1 (subsection 1) of the Fisheries (Ireland) Act, 1901 (1 Ed. VII., c. 38), makes “every person who uses any trawl-net or any method of fishing in contravention of any byelaw” of the department made in pursuance of the third section of the Act of 1889, liable on conviction under the Summary Jurisdiction Acts to a fine not exceeding one hundred pounds, with forfeiture of the gear, for the seizure of which any duly authorised officer is empowered to “go on board any vessel propelled by steam employed in fishing.” The Irish byelaws must be approved by the Lord-Lieutenant and Privy Council of Ireland.

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