Fisheries (Consolidation) Act 1959
Penalty for taking, etc., spawn, smolts or fry of salmon, trout or eels.
173.—(1) If any person—
(a) wilfully takes, sells, purchases, or has in his possession the spawn, smolts or fry of salmon, trout, or eels, or
(b) wilfully obstructs the passage of the smolts or fry of salmon, trout or eels, or
(c) injures or disturbs the spawn or fry of salmon, trout or eels, or
(d) injures or disturbs any spawning bed, bank or shallow where the spawn or fry of salmon, trout or eels may be,
such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.
(2) Where a person is convicted of an offence under this section any fishing engine or device used in the commission of the offence shall, as a statutory consequence of conviction, stand forfeited.
Annotations
Modifications (not altering text):
C136
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.
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(8) This section has effect in respect of offences committed after the establishment day.
Reference Number |
Section of Principal Act |
Penalty |
(1) |
(2) |
(3) |
… |
… |
… |
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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