Fisheries (Consolidation) Act 1959
Penalty for trespass on or breach of regulations of oyster fishery.
265.—(1) If, in respect of any oyster fishery granted under an oyster fishery order, any person—
(a) wilfully trespasses on such fishery, or
(b) not being a grantee or not having the written permission of the grantee or grantees, or, where more than two, of at least two-thirds of the grantees, dredges, fishes for or takes any oysters, or
F239[(bb) not being a grantee, the servant or agent of the grantee or grantees or being duly authorised as aforesaid, removes, damages or otherwise interferes with any device or other thing which is placed in, on or over such fishery and is used in the cultivation of oysters, or]
(c) being a grantee or duly authorised person as aforesaid, dredges, fishes for or takes any oysters in contravention of any regulation made under section 263 in relation to such fishery,
such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.
(2) Where a person is convicted of an offence under this section—
(a) if the oysters in respect of which the offence wag committed have not been sold, those oysters shall, as a statutory consequence of conviction, stand forfeited, and the Court may direct their delivery to the grantees of the fishery from which they were taken,
(b) if those oysters have been sold, the Court may order such person to pay to the said grantees a sum equal to the value thereof.
Annotations
Amendments:
F239
Inserted (18.03.1980) by Fisheries Act 1980 (1/1980), s. 70(6), commenced on enactment.
Modifications (not altering text):
C185
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.
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) |
|
… |
… |
… |
|
2. |
49, 105, 106, 152, 153, 162, 255, 265, 286, 287, 288, 290, 294, 298, 303, 304, 306, 323. |
A fine not exceeding €1000. |
|
… |
… |
… |
C186
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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