Fisheries (Consolidation) Act 1959
Penalty for scaring or obstructing free passage of salmon or trout during the weekly close time.
145.—(1) If any person scares, impedes or obstructs the free passage of salmon or trout during the weekly close time, 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 ten pounds.
(2) Where a person is convicted of an offence under this section any net or instrument used by him in the commission of the offence and any fish taken by him thereby shall, as a statutory consequence of conviction, stand forfeited.
(3) This section shall not apply to any person who takes fish lawfully by rod and line during the weekly close time.
Annotations
Modifications (not altering text):
C99
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.
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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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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