Fisheries (Consolidation) Act 1959

Penalty for fishing for or taking salmon with rod and line by unlicensed person.

66

F73[66.—(1) Subject to subsection (2) of this section, if any person fishes for or takes or kills any salmon, trout and coarse fish or any of them with rod and line in any fishery district and such person is not the holder of—

(a) in the case of such salmon, a salmon rod ordinary licence or a composite freshwater angling ordinary licence,

(b) in the case of such trout, a trout rod ordinary licence or a composite freshwater angling ordinary licence,

(c) in the case of such coarse fish, a coarse fish rod ordinary licence or a composite freshwater angling ordinary licence,

which is for the time being in force, such person shall be guilty of an offence under this section.

(2) The provisions of subsection (1) of this section shall not apply in respect of the fishing for or taking or killing, by a person who has not reached his eighteenth birthday or has reached his sixty-sixth birthday, of any trout with one rod and line or of any coarse fish with one or two rods and lines.

(3) A person who is guilty of an offence under this section shall be liable—

(a) on summary conviction thereof to a fine not exceeding £500,

(b) on conviction on indictment to a fine not exceeding £2,000 or, at the discretion of the court, to imprisonment for a term not exceeding two years or to both such fine and such imprisonment.

(4) Where a person is convicted of an offence under this section, any rod and line in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.]

Annotations

Amendments:

F73

Substituted (1.01.1988) by Fisheries (Amendment) (No. 2) Act 1987 (32/1987), s. 4, S.I. No. 346 of 1987.

Modifications (not altering text):

C42

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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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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