Fisheries (Consolidation) Act 1959
Penalty for dredging, etc. during the close season for oysters or during period specified in bye-law made under section 272.
273.—(1) If any person in any locality dredges for, takes, catches, destroys, has in his possession or custody, sells or buys any oyster or oyster brood during the period which is in relation to that locality the close season for oysters or during any period specified in a bye-law relating to that locality made under section 272 such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine of not less than ten shillings and not more than five pounds.
(2) Where a person is convicted of an offence under this section, any oysters or oyster brood in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.
(3) Nothing in subsection (1) of this section shall be construed as rendering unlawful—
(a) the removing, during the close season for oysters, of oyster brood from any oyster bed by the proprietor thereof or any person deriving under him, or
(b) the laying down, during the close season for oysters, of oyster brood in any oyster bed by the proprietor thereof or any person deriving under him.
Annotations
Modifications (not altering text):
C196
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.
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Reference Number |
Section of Principal Act |
Penalty |
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(1) |
(2) |
(3) |
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… |
… |
… |
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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. |
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… |
… |
… |
C197
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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