Fisheries (Consolidation) Act 1959
Appointment of water keepers by persons interested in fisheries.
294.—(1) Each of the following persons—
(a) any person interested in the preservation of the fish of any river or lake,
(b) any persons who have united themselves into a society for the preservation of any fishery in any river or lake,
(c) the owner of any fishery in any river or lake,
(d) the owner of any salmon fishery on the sea coast,
may, from time to time, by instrument in writing in the form set out in the Sixth Schedule to this Act, appoint any person to be a water keeper for the protection of the fisheries on such part of the sea coast or in any such lake or river or the tributaries thereof.
(2) A person appointed to be a water keeper under this section shall not act in that capacity until his appointment is confirmed (which confirmation shall be effected by endorsing the instrument of appointment) by any District Justice within whose district such water keeper is appointed to act.
F250[(2A) (a) An appointment shall not be confirmed unless the person concerned has been issued by F251[Inland Fisheries Ireland] with a certificate of suitability for appointment.
(b) An appointment shall be for a period not exceeding five years.
(c) Every appointment made before the commencement of the Fisheries (Amendment) Act, 1991, and in force at the date of the commencement thereof shall expire not later than five years after that date.
(d) The form of instrument of appointment set out in the Sixth Schedule to this Act may be modified in conformity with the provisions of this subsection.]
(3) A District Justice may upon complaint made to him revoke the appointment of a person appointed under this section as a water keeper to act within the district of such Justice, and thereupon the appointment of such person as a water keeper shall be determined.
(4) F252[…]
(5) If any person acts as a private water keeper without having his appointment confirmed under subsection (2) of this section or after his appointment has been revoked under subsection (3) of this section, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine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.
Annotations
Amendments:
F250
Inserted (30.11.1991) by Fisheries (Amendment) Act 1991 (26/1991), s. 17, S.I. No. 301 of 1991.
F251
Substituted (1.07.2010) by Inland Fisheries Act 2010 (10/2010), s. 8(3)(a) and sch. 2 part 1 paras. (1), (2) item 24, S.I. No. 262 of 2010.
F252
Repealed (4.08.1970) by Finance Act 1970 (14/1970), s. 60 and sch. 2, in effect as per s. 60(2).
Modifications (not altering text):
C222
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. |
|
… |
… |
… |
Editorial Notes:
E1630
Previous affecting provision: application of section restricted (30.11.1991) by Fisheries (Amendment) Act 1991 (26/1991), s. 12(6), S.I. No. 301 of 1991; section 12 repealed (1.06.2010) by Inland Fisheries Act 2010 (10/2010), s. 4 and sch., commenced on enactment.