Fisheries (Consolidation) Act 1959
Free gaps in fishing weirs.
107.—(1) In every fishing weir there shall be a free gap or opening in accordance with the following provisions:—
(a) the free gap shall be situate in the deepest part of the stream,
(b) the sides of the free gap shall be in line with and parallel to the direction of the stream at the weir,
(c) the bottom (of the free gap shall be level with the natural bed of the stream above and below the gap,
(d) the width of the free gap in its narrowest part shall not in any case be narrower than three feet, and, subject to that limitation, shall not be narrower than one-tenth part of the width of the stream or fifty feet whichever is the less,
(e) no existing free gap in any fishing weir shall be reduced in width or a gap of less width substituted therefor or any alteration made therein so as to reduce the flow of water through such gap.
(2) (a) Subsection (1) of this section shall not apply to any fishing weir in respect of which an order has been made under paragraph (b) of this subsection.
(b) Where the breadth of the river, where there is a chartered or patent fishing weir (being a fishing weir existing on the 28th day of July, 1863), does not exceed forty feet and it might be inexpedient to require a free gap to be made therein, the Minister may, if he thinks fit, instead thereof, direct by his order the extension of the weekly close time for a period of twenty-four hours.
(3) Where a free gap has been made in a fishing weir but is not maintained in accordance with subsection (1) of this section, the owner of the fishing weir shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds for each day he is in default.
Annotations
Modifications (not altering text):
C67
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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