Fisheries (Consolidation) Act 1959
Prohibition of placing or using fixed engines, etc. in narrow part of estuaries.
102.—(1) If in any part of the estuary or the tidal portion of any river where the breadth of the channel at low water of ordinary spring tides is less than three-quarters of a mile any person other than the proprietor of a several fishery in the whole of such estuary and river places, erects, fishes with or uses any fixed engine, then—
(a) such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding thirty pounds, and
(b) the Court shall order the stakes thereof to be pulled down or destroyed at the expense of such person.
(2) Where a person is convicted of an offence under this section the fixed engine in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.
(3) Subsection (1) of this section shall not apply in respect of—
(a) any stake nets, and other contrivances for placing nets which had been established for twenty years or upwards before the 10th day of August, 1842, or
(b) any stake nets, head weirs and other contrivances for placing or erecting nets which had been established for ten years or upwards before the 10th day of August, 1842, within the limits of a several fishery by any person lawfully entitled to such several fishery by charter, grant, patent, prescription, or Act, by which such limits are accurately defined, or
(c) any head weir, not fished by means of a fixed net.
Annotations
Modifications (not altering text):
C60
Penalties under section altered (1.07.2010) by Inland Fisheries Act 2010 (10/2010), s. 77(1), (8) and table part 1, S.I. No. 262 of 2010. Note that the full history of the alteration of penalties under this section can be found in the annotations at the beginning of the Act under “Be it enacted by the Oireachtas as follows”.
A fine of €2,000 translates into a class C fine, not greater than €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(2) and table ref. no. 1, S.I. No. 662 of 2010.
Alteration of certain penalties under the Principal Act, the Act of 1962 or the Act of 1994.
77.— (1) A person convicted by the District Court of an offence for which a penalty is provided in any section of the Principal Act specified in column (2) of Part 1 of the Table to this section at any reference number shall, in lieu of so much of the penalty so provided as consists of a fine, imprisonment, a fine or imprisonment, or a fine and imprisonment, be liable to the appropriate penalty specified in column (3) of that Part at that reference number, and that section shall be read and have effect accordingly.
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(8) This section has effect in respect of offences committed after the establishment day.
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Reference Number |
Section of Principal Act |
Penalty |
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(1) |
(2) |
(3) |
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11. |
95, 96, 97, 99, 102, 103, 104, 107, 110, 114, 116, 131, 132, 164, 165, 166, 170, 173, 174, 285A, 301, 308. |
A fine not exceeding €2,000 or imprisonment for a term not exceeding 6 months or both. |
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C61
Application of section extended (1.01.1963) by Fisheries (Amendment) Act 1962 (31/1962), s. 30(1), S.I. No. 216 of 1962.
Provision in relation to Moville Area.
30.— (1) Sections 102, 103 and 114 and Parts XIII to XVI (which provisions relate to sea fisheries and certain other matters) of the Principal Act shall (notwithstanding section 325 of that Act) extend to the Moville Area and, for the purpose of giving full effect to the said provisions, every other provision of the Principal Act or of this Act which is applicable in relation to any of the said provisions shall also extend to that Area.
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