Fisheries (Consolidation) Act 1959
Prohibition of bag nets in certain places.
104.—(1) No bag net shall be placed or allowed to continue in any river or estuary or within a distance of three miles from the mouth of any river.
(2) If any bag net is placed or continued in contravention of this section—
(a) it shall be deemed a common nuisance and may be taken possession of or destroyed,
(b) the owner of such bag net shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not less than five pounds and not more than twenty pounds for each day during which the bag net is so placed or continued.
(3) Where a person is convicted of an offence under this section, the bag net in respect of which the offence was committed and any salmon taken thereby shall, as a statutory consequence of conviction, stand forfeited.
(4) The provisions of this section shall not apply to the placing or continuance, within three miles of the mouth of a river, of a bag net lawfully existing on the 28th day of July, 1863, if the owner of such bag net has the exclusive right of catching salmon in the whole of that river including all tributary rivers and lakes upon the course of that river.
Annotations
Modifications (not altering text):
C64
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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