Fisheries (Consolidation) Act 1959

Meshes or openings of engines made of rigid material for the taking of salmon in the sea and tideways.

93

93.(1) In this section the expression “engine to which this section applies” means any engine which is formed of a rigid material and used for the taking of salmon.

(2) If, on any part of the coast or within any bay, estuary or tideway thereof, any person (other than the proprietor of the whole of the fishery of the river flowing into such bay, estuary or tideway from the mouth to the source thereof, including its tributary streams) uses any engine to which this section applies with meshes or openings of less width than three inches on each side of the square, and, where no meshes or openings of the nature of reticulations are used, of less width between the bars than two inches, 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.

(3) 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.

Annotations

Modifications (not altering text):

C52

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.

Reference Number

Section of Principal Act

Penalty

(1)

(2)

(3)

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.