Fisheries (Consolidation) Act 1959

Penalties for fishing, otherwise than by rod and line, for salmon or trout during annual close season for salmon and trout.

127

127.—(1) If any person wilfully fishes or takes or aids or assists in taking or fishing for salmon or trout during the annual close season for salmon and trout, 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 twenty-five pounds, together with a further fine of two pounds for every salmon or trout so taken by him.

(2) Where a person is convicted of an offence under this section, every salmon and trout taken by him and every fishing engine in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.

(3) This section shall not apply to the lawful fishing for or taking of salmon or trout by rod and line.

Annotations

Modifications (not altering text):

C84

Prosecution on indictment provided for, penalties under section altered and references to “summary conviction” construed (1.07.2010) by Inland Fisheries Act 2010 (10/2010), ss. 75(1), (3), 77(1), (2)(c), (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.

Certain offences to be tried on indictment.

75.— (1) A person charged with an offence under section 65, 66, 69, 73, 94, 95, 96, 97, 127, 128, 129, 130, 132, 134, 135, 137, 140, 145, 146, 156, 176, 177 or 182 of the Principal Act may be tried on indictment.

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(3) Any reference to summary conviction in any section of the Principal Act which is mentioned in subsection (1), or in section 29 of the Act of 1962, shall be construed as including a reference to conviction on indictment.

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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(c) A person convicted on indictment of an offence under section 65, 66, 73, 94, 95, 96, 97, 127, 130, 132, 134, 135, 137, 140, 145, 146, 156, 176, 177 or 182 of the Principal Act, as amended by section 75(1), is liable to a fine not exceeding €10,000, or to imprisonment for a term not exceeding 2 years or both.

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(8) This section has effect in respect of offences committed after the establishment day.

Reference Number

Section of Principal Act

Penalty

(1)

(2)

(3)

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9.

127, 134, 135, 136, 137, 138, 177.

A fine (not exceeding in all €2,500) of an amount not exceeding €2,000 together with an amount not exceeding €250 for each salmon and €50 for each other fish in respect of which the offence under that section is committed.

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