Fisheries (Consolidation) Act 1959
F121[Restriction on purchase of salmon and trout, eels or molluscan shellfish.
163A.— (1) Subject to the provisions of subsection (2) of this section, a person who is not the holder, or the agent duly authorised in writing in that behalf of the holder, of a Part X licence for the time being in force and who buys salmon, trout, eels or molluscan shellfish shall be guilty of an offence and shall be liable on summary conviction to a fine, not exceeding £1,000 in all, of an amount 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 is committed and any fish in respect of which the offence is committed shall, as a statutory consequence of conviction, stand forfeited.
(2) Subsection (1) of this section shall not apply in relation to—
(a) the bona fide purchase by or on behalf of a person of salmon, trout, eels or molluscan shellfish for use by the person in his own home, or
(b) the bona fide purchase of salmon, trout, eels or molluscan shellfish, by or on behalf of any person for use for catering purposes in premises in which he carries on the business of a hotel, restaurant or guest house or of providing board and lodging or meals for reward if the purchase is made from—
(i) the holder of a salmon dealer's licence, an eel dealer's licence or a molluscan shellfish dealer's licence, as appropriate, (within the meaning of the said Part X) for the time being in force, or
(ii) a fisherman who is lawfully engaged in taking and killing salmon, trout, eels or molluscan shellfish, as the case may be, and who (where the purchase includes any salmon or eels) is the holder of a fishing licence which is for the time being in force and is available for use for the taking and killing of salmon or eels, as the case may be, in the fishery district in which the salmon or eel, as the case may be, is taken or killed,
and, in the case of a purchase from a fisherman, the purchaser—
(I) obtains from the fisherman a statement in writing containing his name and address and (where the purchase includes any salmon or eels) the number of his fishing licence and stating that the salmon, trout, eel or molluscan shellfish, as the case may be, is of his own lawful capture, and
(II) retains the statement and produces it to an inspector when requested by the inspector to do so.
(3) A person who is buying salmon, trout, eels or molluscan shellfish and purports to be acting as an agent of the holder of a Part X licence shall produce on demand by the inspector his authorisation to act as such agent and if he refuses or fails to produce his authorisation or, on the production thereof, refuses or fails to permit the inspector to read the authorisation there and then, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500.
(4) A person who when the production of his authorisation aforesaid is lawfully demanded of him under this section does not produce the authorisation shall be deemed to refuse or fail to produce his authorisation within the meaning of this section.
(5) Where, pursuant to subsection (2) of this section, a person (in this subsection referred to as the vendor) selling salmon, trout, eels or molluscan shellfish, to another person gives to that other person a statement in writing which, or any part of which, is, to the knowledge of the vendor, false or misleading, the vendor shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500.
(6) Section 28 of the Act of 1962 is hereby repealed.]
Annotations
Amendments:
F143
Inserted (1.08.1994) by Fisheries (Amendment) Act 1994 (23/1994), s. 20, S.I. No. 243 of 1994.
Modifications (not altering text):
C119
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 €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.
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.
…
(8) This section has effect in respect of offences committed after the establishment day.
|
Reference Number |
Section of Principal Act |
Penalty |
|
(1) |
(2) |
(3) |
|
… |
… |
… |
|
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. |
|
… |
… |
… |
|
16 |
163A(3), 163A(5) |
A fine not exceeding €1,000 |
C120
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:
E244
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.
E245
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).
E246
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.