Fisheries (Consolidation) Act 1959
Penalty for injuring licensed oyster beds.
253.—If any person (other than the licensee or his assigns, his agents, servants and workmen) knowingly does, within the limits of a licensed oyster bed, any of the following things:—
(a) uses any implement of fishing, except a line and hook or net adapted solely for catching free swimming fish and so used as not to disturb or injure in any manner any oyster bed or oysters or the oyster fishery,
(b) dredges for any ballast or other substance except under lawful authority for improving the navigation,
(c) deposits any ballast, rubbish or other substance,
(d) places any implement, apparatus or thing prejudicial or likely to be prejudicial to any oyster bed or oysters or brood or spawn thereof, or to the oyster fishery, except for a lawful purpose of navigation or anchorage,
(e) disturbs or injures in any manner, except as mentioned in paragraph (d) of this section, any oyster bed or oysters or brood or spawn thereof or the oyster fishery,
(f) interferes with or takes away any of the oysters from such bed without the consent of the licensee or owner or occupier of such bed,
F231[(g) without such consent removes, damages or otherwise interferes with any device or other thing which is placed in or on, or in or on the water above, such bed and is used in the cultivation of oysters.]
the following provisions shall have effect:—
(1) such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof—
(i) in the case of a first offence, to a fine not exceeding two pounds,
(ii) in the case of a second offence, to a fine not exceeding five pounds,
(iii) in the case of a third or any subsequent offence, to a fine not exceeding ten pounds;
(2) such person, whether he has or has not been prosecuted for or convicted of such offence, shall be liable to make full compensation to the licensee for all damage sustained by the licensee by reason of such person's unlawful act, and such compensation shall be recoverable in any court of competent jurisdiction.
Annotations
Amendments:
F231
Inserted (18.03.1980) by Fisheries Act 1980 (1/1980), s. 70(3), commenced on enactment.
Modifications (not altering text):
C161
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 |
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(1) |
(2) |
(3) |
|
… |
… |
… |
|
3. |
17, 65, 66, 73, 91, 92, 93, 112, 113, 119, 120, 121, 122, 125, 130, 140, 141, 143, 144, 145, 146, 167, 168, 169, 178, 179, 180, 181, 253, 273, 274, 277, 285, 291. |
A fine not exceeding €2,000. |
|
… |
… |
… |
C162
Application of section extended (1.01.1963) by Fisheries (Amendment) Act 1962 (31/1962), s. 30(1), S.I. No. 216 of 1962.
Provision in relation to Moville Area.
30.—(1) Sections 102, 103 and 114 and Parts XIII to XVI (which provisions relate to sea fisheries and certain other matters) of the Principal Act shall (notwithstanding section 325 of that Act) extend to the Moville Area and, for the purpose of giving full effect to the said provisions, every other provision of the Principal Act or of this Act which is applicable in relation to any of the said provisions shall also extend to that Area.
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