Fisheries (Consolidation) Act 1959

F154[Marking of packages containing salmon or trout.

183

183.— (1) Every package or container containing salmon, trout, eels or molluscan shellfish in course of transit in the State shall be marked conspicuously on the outside with the words "salmon, trout, eels and molluscan shellfish" or the words "salmon, trout and eels" or the words "salmon, trout and molluscan shellfish" or the words "salmon, eels and molluscan shellfish" or the words "trout, eels and molluscan shellfish" or the words “salmon and trout” or the words “salmon and eels” or the words “salmon and molluscan shellfish” or the words “trout and eels” or the words “trout and molluscan shellfish” or the words “eels and molluscan shellfish” or the word "salmon" or the word "trout" or the word "eels" or the words "molluscan shellfish", as the case may require, and shall have marked thereon or on a label affixed thereto the name and address of the consignor.

(2) Every person who sends or consigns for transit in the State any package or container containing salmon, trout, eels or molluscan shellfish which is not marked in the manner required by this section shall be guilty of an offence under this section.

(3) Every person who carries for reward, by land in the State, by sea from any port in the State or by air from anywhere in the State, any package or container containing salmon, trout, eels or molluscan shellfish which is not marked in the manner required by this section shall be guilty of an offence under this section unless he proves that he did not know and could not reasonably have known that such package or container contained salmon, trout, eels or molluscan shellfish.

(4) Every person guilty of an offence under this section shall be liable on summary conviction thereof in the case of a first offence to a fine not exceeding £500 and in the case of a second or any subsequent offence to a fine not exceeding £1,000 or at the discretion of the Court, to imprisonment for any term not exceeding 6 months or to both such fine and such imprisonment.

(5) For the purpose of this section a package or container shall be deemed to be in course of transit in the State when the same is being carried by any means whatsoever from any premises or place in the State to any other premises or place within or outside the State or is in any place, public or private, in the course of or for the purpose of such carriage.]

Annotations

Amendments:

F154

Substituted (1.08.1994) by Fisheries (Amendment) Act 1994 (23/1994), s. 22, S.I. No. 243 of 1994.

Modifications (not altering text):

C145

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.

…

(8) This section has effect in respect of offences committed after the establishment day.

Reference Number

Section of Principal Act

Penalty

(1)

(2)

(3)

…

…

…

12.

183.

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 or imprisonment for a term not exceeding 6 months or both.

…

…

…