Fisheries (Consolidation) Act 1959
Penalty for using fishing engine within hundred yards of certain dams.
120.—(1) If any person uses any fishing engine (except rod and line) for taking fish within two hundred yards above or below any dam used for supplying water to mills or factories or for navigation, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine of not less than two pounds and not more than ten pounds.
(2) Where a person is convicted of an offence under this section, the fishing 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 the use of any fishing engine in any place within two hundred yards of any such dam as is mentioned in the said subsection where the right to use such fishing engine was exercised in that place by any person lawfully possessed of a several fishery therein for twenty years next before the 14th day of August, 1850.
Annotations
Modifications (not altering text):
C78
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.
…
(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 |
|
(1) |
(2) |
(3) |
|
… |
… |
… |
|
3. |
17, 65, 66, 73, 91, 92, 93, 112, 113, 119, 120, 121, 122, 125, 130, 140, 141, 143, 144, 145, 146, 167, 168, 169, 178, 179, 180, 181, 253, 273, 274, 277, 285, 291. |
A fine not exceeding €2,000. |
|
… |
… |
… |
Editorial Notes:
E174
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.