Fisheries (Consolidation) Act 1959
Gratings in watercourses diverted from rivers to prevent entry therein of salmon or trout.
123.—(1) The following provisions shall apply in respect of every watercourse, cut, channel or sluice constructed, for the purpose of conveying water from any salmon river, for the supply of towns or the irrigation of land or as moving power for machinery or for any other purpose, other than the supply of water for navigation or for fish ponds:—
(a) there shall be placed at the points of divergence from and return to such river, of such watercourse, cut, channel or sluice and above and below such sluice a grating (the space between the bars whereof shall not exceed two inches in any place) extending across the whole width of such watercourse, cut, channel or sluice and from the bottom of the bed or sill thereof to the level of the highest winter or flood waters,
(b) during the months of March, April and May and such other periods of the year as the brood of salmon or trout shall be descending such river, there shall be placed or stretched over the entire surface of each such grating a wire lattice or network of such dimensions as will effectually prevent the admission of salmon fry or other small fish into such watercourse, cut, channel or sluice,
(c) each such grating, lattice or network shall be secured and fixed in such a manner as to prevent its being removed or opened and shall be kept in constant repair.
(2) If, in respect of any watercourse, cut, channel or sluice to which subsection (1) of this section applies, the provisions of the said subsection are not complied with, the owner, lessee or occupier of any premises to which such watercourse, cut, channel or sluice leads or other person making or using or having the care and maintenance of such watercourse, cut, channel or sluice, shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.
(3) If, in respect of any watercourse, cut, channel or sluice to which subsection (1) of this section applies and which was constructed for the purpose of conveying water as a moving power for machinery, it is proved to the satisfaction of the Minister that exemption during any period from the obligations imposed in respect thereof by the said subsection (1) is necessary for the effective working of such machinery, the Minister may grant such exemption.
(4) The Minister may revoke the grant of an exemption made under section 4 of the Salmon Fishery (Ireland) Act 1869, or under subsection (3) of this section.
Annotations
Modifications (not altering text):
C81
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. A fine of €250 translates into a class E fine, not greater than €500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 8(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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5. |
69, 123, 128, 129. |
A fine not exceeding €2,000 and, in the case of a continuing offence, a further fine (not exceeding in all €2,500) not exceeding €250 for each day during which the offence is continued. |
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