Fisheries (Consolidation) Act 1959
F142[Registers to be kept by holders of Part X licences.
163.— (1) It shall be the duty of every holder of a salmon dealer's licence, eel dealer's licence or molluscan shellfish dealer's licence—
(a) to keep or cause to be kept at the place to which the licence relates a register in the prescribed form of all purchases and receipts of salmon, trout, eels or molluscan shellfish at or for sale at such place and of all sales, exportations, disposals and removals of salmon, trout, eels or molluscan shellfish made at or from such place, and
(b) within six hours after any such purchase or receipt and within three hours after any such sale, exportation, disposal or removal, to enter in such register the prescribed particulars of such purchase, receipt, sale, exportation, disposal or removal (as the case may be) and of the person from whom such salmon, trout, eels or molluscan shellfish were purchased or received or to whom such salmon, trout, eels or molluscan shellfish were sold, exported or disposed of, or the place to which such salmon, trout, eels or molluscan shellfish were removed (as the case may require).
(2) Every register kept in pursuance of this section may at any time during which the premises to which the register relates are open for the carrying on of business be inspected by any inspector, and it shall be the duty of the licence holder and of every person keeping such register to produce for the inspection of such inspector on demand such register and also all invoices, consignment notes, receipts and other documents (including copies thereof where the originals are not available) reasonably demanded by such inspector for the purpose of verifying any entry in or explaining any omission from such register.
(3) It shall be the duty of every holder of a Part X licence to preserve and retain any register kept by him in pursuance of this section for a period of six months after the expiration of the latest year in which an entry was made in that register.
(4) If any holder of a Part X licence—
(a) fails to keep or cause to be kept such register as is required by this section, or
(b) fails to make or cause to be made in such register within the time hereinbefore mentioned any entry required by this section to be made therein, or
(c) fails to produce or cause to be produced on demand for the inspection of any inspector, any register, document, or copy of a document which he is required by this section so to produce, or obstructs any inspector in the making of such inspection, or
(d) fails to comply with the provisions of subsection (3) of this section, or
(e) wilfully or negligently makes or causes to be made in such register any entry which is false or misleading in any material particular,
he shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first offence under this section, to a fine not exceeding £500 or, in the case of a second or any subsequent offence under this section, to a fine not exceeding £1,000.
(5) For the purposes of this section—
(a) inspection of a register or document shall include taking copies thereof or extracts therefrom, and
(b) a demand for inspection of a register or other document shall be deemed to have been duly made to the licence holder if such demand is made verbally on the premises of the licence holder to any person in his employment, and
(c) a refusal or failure to produce a register or other document for inspection if made or committed on the premises of the licence holder by a person in his employment shall be deemed to have been made or committed by the licence holder, and
(d) references to a salmon dealer's licence, an eel dealer's licence, a molluscan shellfish dealer's licence or a Part X licence shall be construed as including references to any renewal thereof.]
Annotations
Amendments:
F142
Substituted (1.08.1994) by Fisheries (Amendment) Act 1994 (23/1994), s. 20, S.I. No. 243 of 1994.
Modifications (not altering text):
C117
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. A fine of €4,000 translates into a class B fine, not greater than €4,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 5(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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4. |
163. |
A fine not exceeding €2,000 or, in the case of a second or any subsequent offence under that section, a fine not exceeding €4,000. |
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… |
… |
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C118
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:
E238
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.
E239
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).
E240
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.
E241
Previous affecting provision: power pursuant to section exercised (1.06.1982) by Licensed Salmon Dealer's Register Regulations 1982 (S.I. No. 163 of 1982), in effect as per reg. 1(2); revoked (1.01.1995) by Licensed Salmon, Eel and Molluscan Shellfish Dealers' Register Regulations 1994 (S.I. No. 461 of 1994), reg. 3, in effect as per reg. 1(2).
E242
Previous affecting provision: subss. (1)(b), (2)(b) amended (18.03.1980) by Fisheries Act 1980 (1/1980), s. 6(1) and sch. 1, commenced on enactment, subject to transitional provisions in s. 76; section substituted (1.08.1994) as per F-note above.
E243
Previous affecting provision: subss. (3A), (4)(cc) inserted (1.01.1963) by Fisheries (Amendment) Act 1962 (31/1962), s. 15(a), (b), S.I. No. 216 of 1962; section substituted (1.08.1994) as per F-note above.