Fisheries (Consolidation) Act 1959
Penalty for taking fish, etc. in works or watercourses appurtenant to mills or factories.
125.—(1) If any person, in any season of the year, in any mill pool or mill dam or in any works appurtenant to any mill or factory or in any of the watercourses leading the water to or from any mill or factory, uses any fishing engine (except rod and line being lawfully used) or uses any means whatsoever for the purpose of taking, destroying or obstructing any salmon or other fish, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.
(2) When 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) Where—
(a) it is alleged in a complaint and proved that an offence under this section was committed by means of shutting down or closing any sluice gate which is under the exclusive power of the occupier of a mill or factory, and
(b) it is alleged in the complaint and proved that the offence was committed but that the person who committed the offence is unknown or cannot be found, and
(c) the occupier of that mill or factory is charged with such offence,
such occupier shall be deemed to be guilty of such offence and shall be punishable accordingly.
(4) Where—
(a) it is alleged in a complaint and proved that an offence under this section was committed in such circumstances as to afford reasonable grounds for believing that the offence was committed—
(i) by some person in the employment or under the control of the owner or occupier of a mill or factory, or
(ii) with the knowledge or connivance of such owner or occupier or of the person in charge of such mill or factory, or
(iii) through the default of reasonable precaution on the part of such owner or occupier to prevent such offence, and
(b) it is alleged in the complaint and proved that the offence was committed, but that the person who committed the offence is unknown and cannot be found, and
(c) the owner or occupier of the mill or factory is charged with such offence under this section,
such owner or occupier shall be deemed to be guilty of such offence and shall be punishable accordingly.
Annotations
Modifications (not altering text):
C83
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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… |
… |
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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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… |
… |
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