Fisheries (Consolidation) Act 1959
Penalty for using fishing engine at or within fifty yards of a mill dam to which there is no fish pass.
121.—(1) Notwithstanding anything contained in section 120 it shall not be lawful for any person, though possessed of a several fishery in respect of which a right to use a fishing engine at any place within two hundred yards of a mill dam was exercised for twenty years next before the 14th day of August, 1850, to use any fishing engine (except rod and line) at or within fifty yards above or below such mill dam unless—
(a) there is attached to such mill dam a fish pass of such form and dimensions as may be approved of by the Minister, and
(b) such fish pass has constantly running through it such flow of water as will enable salmon to pass up and down it.
(2) If any person contravenes subsection (1) of this section, 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 five pounds and not more than twenty pounds.
Annotations
Modifications (not altering text):
C79
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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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. |
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