Fisheries (Consolidation) Act 1959
Penalties for taking fish unlawfully killed or found dead.
F149[170.—(1) Every person who by any means removes or causes to be removed from any river or lake—
(a) any salmon, trout or coarse fish which shall not have been killed by lawful means, or
(b) any salmon, trout or coarse fish which shall have been found dead, from any cause whatever, by such person,
shall be guilty of an offence under this section and shall be liable on summary conviction to a fine not exceeding £500 or, at the discretion of the Court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.
(2) This section shall not apply to—
(a) any person acting under the authority of the Minister, or
(b) any officer of F150[Inland Fisheries Ireland] acting under the instructions of F150[Inland Fisheries Ireland], or
(c) any owner of a fishery or his agent acting under the written authority of F150[Inland Fisheries Ireland], or
(d) so far as respects the removal or causing to be removed of any diseased salmon, trout or coarse fish, or any salmon, trout or coarse fish found dead from any cause, any member of the Garda Síochána or any Sanitary Officer.]
Annotations
Amendments:
F149
Substituted (1.01.1988) by Fisheries (Amendment) (No. 2) Act 1987 (32/1987), s. 12, S.I. No. 346 of 1987.
F150
Substituted (1.07.2010) by Inland Fisheries Act 2010 (10/2010), s. 8(3)(a) and sch. 2 part 1 paras. (1), (2) item 23, S.I. No. 262 of 2010.
Modifications (not altering text):
C127
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.
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) |
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… |
… |
… |
|
11. |
95, 96, 97, 99, 102, 103, 104, 107, 110, 114, 116, 131, 132, 164, 165, 166, 170, 173, 174, 285A, 301, 308. |
A fine not exceeding €2,000 or imprisonment for a term not exceeding 6 months or both. |
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… |
… |
… |
Editorial Notes:
E247
Previous affecting provision: references in subs. (2) to “board of conservators” construed (29.10.1980) as references to “regional board” by Fisheries Act 1980 (1/1980), s. 11(5) and sch. 4 part 1 paras. 2(a), (b); superseded (1.07.2010) as per F-note above.