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New Eel Fishing Ban

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  • 19-12-2012 11:06pm
    #1
    jkchambers
    Registered Users Posts: 380 ✭✭


    In 2009 the Minister banned all fishing for eels until June 2012. I have just gone onto the Dept website to see whether there were any surprise bye laws being brought in over Christmas like the infamous bye law 888. I found that on 7th December 2012 the Minister signed a new bye law CS 312 2012 which prohibits the fishing for or possession of eels from that date to 30th June 2015. As of now I see no mention of this bye law on the IFI website
    As usual there is a bit of a bloomer. In the bye law it seems all waters are covered - rivers, lakes and canals. However, in the explanatory note it only refers to eels caught in rivers. I would expect that this will quickly be changed once they read this.
    Link to bye law
    http://www.dcenr.gov.ie/NR/rdonlyres/21538F86-BEEA-474E-87EF-65A2BBC245FB/0/ByelawNoCS3122012.pdf


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    #2
    Zzippy
    Registered Users Posts: 14,166 ✭✭✭✭Zzippy


    jkchambers wrote: »
    In 2009 the Minister banned all fishing for eels until June 2012. I have just gone onto the Dept website to see whether there were any surprise bye laws being brought in over Christmas like the infamous bye law 888. I found that on 7th December 2012 the Minister signed a new bye law CS 312 2012 which prohibits the fishing for or possession of eels from that date to 30th June 2015. As of now I see no mention of this bye law on the IFI website
    As usual there is a bit of a bloomer. In the bye law it seems all waters are covered - rivers, lakes and canals. However, in the explanatory note it only refers to eels caught in rivers. I would expect that this will quickly be changed once they read this.
    Link to bye law
    http://www.dcenr.gov.ie/NR/rdonlyres/21538F86-BEEA-474E-87EF-65A2BBC245FB/0/ByelawNoCS3122012.pdf


    This came up before for the Corrib bye-laws, and it was a similar wording in the explanatory note. It was explained that "rivers" covers all waterbodies in that catchment - as lakes are part of the river system they are covered in the wording. In any event, it is what is in the bye-law itself and not the explanatory note that matters in the eyes of the law apparently.


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    #3
    jkchambers
    Registered Users Posts: 380 ✭✭jkchambers


    Zzippy wrote: »
    This came up before for the Corrib bye-laws, and it was a similar wording in the explanatory note. It was explained that "rivers" covers all waterbodies in that catchment - as lakes are part of the river system they are covered in the wording. In any event, it is what is in the bye-law itself and not the explanatory note that matters in the eyes of the law apparently.
    I fully agree that its what is in the bye law that counts. However the explanatory note should explain a bye law in clearer laymans terms whats in the bye law and this would clearly fail on that count.


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    #4
    Bizzum
    Closed Accounts Posts: 4,034 ✭✭✭Bizzum


    jkchambers wrote: »
    I fully agree that its what is in the bye law that counts. However the explanatory note should explain a bye law in clearer laymans terms whats in the bye law and this would clearly fail on that count.[/QUOTE]

    Wouldn't be the first one. I often get the impression that those who draft certain pieces of legislation don't communicate very well, if at all, with those in charge of enforcing it.


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    #5
    Zzippy
    Registered Users Posts: 14,166 ✭✭✭✭Zzippy


    jkchambers wrote: »
    I fully agree that its what is in the bye law that counts. However the explanatory note should explain a bye law in clearer laymans terms whats in the bye law and this would clearly fail on that count.

    It should, but the legal draftsmen are the ones to blame. Explanatory notes are a joke in many pieces of legislation.


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