Fisheries (Consolidation) Act 1959
Production of special local licences.
304.—(1) In this section, the expression “authorised person” does not include a private water keeper.
(2) Any F271[member of the Garda Síochána or] authorised person may demand of any person fishing in special tidal waters or having in his possession in or near such special tidal waters any fishing engine for the taking of salmon or trout the production of his special local licence, and if such person refuses or fails to produce such licence there and then, he shall be guilty of an offence under this section.
(3) Where any person of whom the production of his special local licence is lawfully demanded under this section produces such licence but refuses or fails to permit the F271[member of the Garda Síochána or] authorised person making such demand to read such licence, he shall be guilty of an offence under this section.
(4) Whenever any person of whom the production of his special local licence is lawfully demanded under this section refuses or fails to produce such licence or produces such licence but fails to permit the F271[member of the Garda Síochána or] authorised person making the demand to read such licence, such authorised person may demand of such person his name and address, and if such person refuses or fails to give his name or address or gives a name or address which is false or misleading he shall be guilty of an offence under this section.
(5) Any person guilty of an offence under this section shall be liable on summary conviction thereof to a fine not exceeding fifty pounds.
(6) A person who, when the production of his special local licence is lawfully demanded of him under this section, does not produce such licence because he is not the holder of a special local licence shall be deemed to fail to produce his special local licence within the meaning of this section.
Annotations
Amendments:
F271
Inserted (18.03.1980) by Fisheries Act 1980 (1/1980), s. 11(5) and sch. 4 part 1 para. 1(yy), (zz), (aa), commenced on enactment.
Modifications (not altering text):
C227
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.
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(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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… |
… |
… |
|
2. |
49, 105, 106, 152, 153, 162, 255, 265, 286, 287, 288, 290, 294, 298, 303, 304, 306, 323. |
A fine not exceeding €1000. |
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… |
… |
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