Fisheries (Consolidation) Act 1959

Penalty for using unlicensed scheduled engine, other than rod and line.

65

65.—(1) If any person uses or erects in any fishery district any scheduled engine, for the taking of salmon, trout F71[, coarse fish] or eels, in respect of which there is not for the time being in force an ordinary fishing licence authorising the use of that engine F72[by that person] in that fishery district, 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 double and not more than treble the ordinary licence duty for the time being payable in respect of an ordinary fishing licence to use that engine.

(2) Where a person is convicted of an offence under this section the engine in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.

(3) This section does not apply to the use of rod and line.

Annotations

Amendments:

F71

Inserted (1.01.1988) by Fisheries (Amendment) (No. 2) Act 1987 (32/1987), s. 3, S.I. No. 346 of 1987.

F72

Inserted (18.03.1980) by Fisheries Act 1980 (1/1980), s. 66, commenced on enactment.

Modifications (not altering text):

C40

References to "engine" and "licence" construed (1.07.2010) by Inland Fisheries Act 2010 (10/2010), s. 74(2)(a), S.I. No. 262 of 2010.

Issue by IFI of licences for fishing of specified class or description.

74.— …

(2) In case an order under this section provides for the issue of licences for fishing with engines which are not scheduled engines, then for so long as the order is in force the following provisions shall have effect—

(a) any engine which is of a kind described in the order shall for the purposes of section 65 of the Principal Act be regarded as being a scheduled engine, and

(b) any such licence shall for the said purposes be regarded as being an ordinary fishing licence.

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C41

Prosecution on indictment provided for, penalties under section altered and references to “summary conviction” construed (1.07.2010) by Inland Fisheries Act 2010 (10/2010), ss. 75(1), (3), 77(1), (2)(c), (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.

Certain offences to be tried on indictment.

75.— (1) A person charged with an offence under section 65, 66, 69, 73, 94, 95, 96, 97, 127, 128, 129, 130, 132, 134, 135, 137, 140, 145, 146, 156, 176, 177 or 182 of the Principal Act may be tried on indictment.

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(3) Any reference to summary conviction in any section of the Principal Act which is mentioned in subsection (1), or in section 29 of the Act of 1962, shall be construed as including a reference to conviction on indictment.

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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(c) A person convicted on indictment of an offence under section 65, 66, 73, 94, 95, 96, 97, 127, 130, 132, 134, 135, 137, 140, 145, 146, 156, 176, 177 or 182 of the Principal Act, as amended by section 75(1), is liable to a fine not exceeding €10,000, or to imprisonment for a term not exceeding 2 years or both.

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(8) This section has effect in respect of offences committed after the establishment day.

Reference Number

Section of Principal Act

Penalty

(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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