Fisheries (Consolidation) Act 1959
Division IV.
Annual close season for angling for salmon.
Annual close season for angling for salmon and penalties for angling for salmon therein.
137.—(1) (a) Subject to paragraphs (b) and (c) of this subsection, the annual close season for angling for salmon shall, for the purposes of this Act, be the period commencing on the 13th day of October in each year and ending on the 31st day of January in the next following year.
(b) Where—
(i) there is in relation to any locality a bye-law (whether applicable to angling for both salmon and trout or to angling for salmon only) in force, deemed to have been made under this Act, fixing a period during which it is declared by that bye-law to be unlawful to angle for salmon, and
(ii) such bye-law includes as part of the said period the October close period for angling,
then, for the purposes of this Act, the annual close season for angling for salmon in that locality shall, so long as that bye-law is in force, be the period fixed by that bye-law.
(c) Where—
(i) there is in relation to any locality a bye-law (whether applicable to angling for both salmon and trout or to angling for salmon only) in force, deemed to have been made under this Act, fixing a period during which it is declared by that bye-law to be unlawful to angle for salmon, and
(ii) such bye-law does not include as part of the said period the October close period for angling,
then, for the purposes of this Act, the annual close season for angling for salmon in that locality shall, so long as that bye-law remains in force, be—
(I) the October close period for angling, and
(II) the period fixed by that bye-law.
(d) The provisions set out in the Fifth Schedule to this Act shall apply in relation to bye-laws altering the annual close season for angling for salmon.
(2) (a) If, during the annual close season for angling for salmon, any person wilfully fishes for or takes salmon with rod and line or aids or assists in taking or fishing for salmon with rod and line, 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 so taken by him.
(b) Where a person is convicted of an offence under this section, every salmon taken by him and the rod and line used in the commission of the offence shall, as a statutory consequence of conviction, stand forfeited.
Annotations
Modifications (not altering text):
C93
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, 50 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.
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Reference Number |
Section of Principal Act |
Penalty |
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(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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