Fisheries (Consolidation) Act 1959
F125[Restrictions on sale, etc. of salmon, trout, eels and molluscan shellfish.
156.— (1) It shall not be lawful for any person to sell, expose for sale or keep for sale at any place salmon, trout, eels or molluscan shellfish unless—
(a) such person is the holder of a salmon, eel or molluscan shellfish dealer's licence as appropriate, for the time being in force, and
(b) such place is a place at which he is authorised by that licence to sell salmon and trout, eels or molluscan shellfish as appropriate.
(2) If any person contravenes subsection (1) of this section, such person shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding £500 together with an amount not exceeding £50 for each salmon, £50 for each kilogram of eels or molluscan shellfish and £10 for each other fish in respect of which the offence under this section is committed provided that the total amount of the said fine shall not exceed £1,000 or, at the discretion of the court, imprisonment for a term not exceeding 6 months or both such fine and such imprisonment.
(3) If any person buys any salmon, trout, eels or molluscan shellfish from a person whom he knows or has reason to believe is selling it in contravention of subsection (1) of this section, such first-mentioned person shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding £500.
(4) This section shall not apply to a fisherman selling salmon, trout, eels or molluscan shellfish of his own lawful capture.]
Annotations
Amendments:
F125
Substituted (1.08.1994) by Fisheries (Amendment) Act 1994 (23/1994), s. 20, S.I. No. 243 of 1994.
Modifications (not altering text):
C105
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 €1,000 translates into a class D fine, not greater than €1,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 7(2) and table ref. no. 1, S.I. No. 662 of 2010. A fine of €100, €20 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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14. |
156(2), 157, 163A(1), 182. |
A fine not exceeding €1,000 together with an amount not exceeding €100 for each salmon, €100 for each kilogram of eels or molluscan shellfish and €20 for each other fish in respect of which the offence under that section is committed provided that the total amount of the fine shall not exceed €2,000 or imprisonment for a term not exceeding 6 months or both. |
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15. |
156(3) |
A fine not exceeding €1,000. |
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… |
… |
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C106
Application of section restricted (30.06.1998) by Fisheries (Amendment) Act 1997 (23/1997), s. 79, S.I. No. 203 of 1998.
Restriction of application of Part X of Principal Act.
79.— Part X of the Principal Act shall not apply to fish produced pursuant to a licence.
Editorial Notes:
E182
Power pursuant to section exercised (1.01.1995) by Fisheries (Salmon, Eel and Molluscan Shellfish Dealers' Licences) Regulations 1994 (S.I. No. 462 of 1994), in effect as per reg. 2.
E183
Power pursuant to section exercised (1.01.1995) by Licensed Salmon, Eel and Molluscan Shellfish Dealers' Register Regulations 1994 (S.I. No. 461 of 1994), in effect as per reg. 1(2).
E184
Previous affecting provision: power pursuant to section exercised (1.01.1995) by Salmon, Eel and Molluscan Shellfish Dealers' Licences (Alteration of Duties) Order 1994 (S.I. No. 463 of 1994), in effect as per art. 2; revoked (1.01.2004) by Fisheries (Miscellaneous Commercial Licences) (Alteration of Duties) Order 2003 (S.I. No. 703 of 2003), art. 7, in effect as per art. 2.
E185
Previous affecting provision: subs. (1) amended (29.10.1980) by Fisheries Act 1980 (1/1980), s. 6(1) and sch. 1, S.I. No. 323 of 1980, subject to transitional provisions in s. 76; section substituted (1.08.1994) as per F-note above.