Inland Fisheries Act 2010

77.

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.

(2) ( a) A person convicted on indictment of an offence under section 164 of the Principal Act (inserted by section 16 of the Act of 1962), in lieu of the penalty specified in subsection (4)( b) of that section, is liable to a fine not exceeding €10,000 or to imprisonment for a term not exceeding 2 years or both and that section shall be read and have effect accordingly.

( b) A person convicted on indictment of an offence under section 285A(1) of the Principal Act (inserted by section 24 of the Act of 1962), in lieu of the penalty specified in paragraph ( b) of that section, is liable to a fine not exceeding €10,000, or to imprisonment for a term not exceeding 2 years or both, and that section shall be read and have effect accordingly.

( 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.

( d) A person convicted on indictment of an offence under section 69, 128 or 129 of the Principal Act, as amended by section 75(1) , is liable to a fine not exceeding €10,000 and in the case of a continuing offence to a further fine not exceeding €500 for each day during which the offence is committed, or to imprisonment for a term not exceeding 2 years or both.

(3) A person convicted by the District Court of an offence for which a penalty is provided in any section of the Act of 1962 specified in column (2) of Part 2 of the Table to this section at any reference number, 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, is 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.

(4) A person convicted by the District Court of an offence for which a penalty is provided in any section of the Act of 1994 specified in column (2) of Part 3 of the Table to this section at any reference number, 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, is 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.

(5) Where a person is convicted of an offence under section 69 of the Principal Act, the engine in respect of which the offence was committed, as a statutory consequence of conviction, stands forfeited.

(6) Where a person is convicted of an offence under section 95 of the Principal Act, the net in respect of which the offence was committed, as a statutory consequence of conviction, stands forfeited.

(7) Where a person is convicted of an offence under section 152 of the Principal Act, the engine or other thing used to commit the offence, as a statutory consequence of conviction, stands forfeited.

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

TABLE

PART 1

Reference Number

Section of Principal Act

Penalty

(1)

(2)

(3)

1.

12, 13, 289.

A fine not exceeding €200.

2.

49, 105, 106, 152, 153, 162, 255, 265, 286, 287, 288, 290, 294, 298, 303, 304, 306, 323.

A fine not exceeding €1,000.

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.

4.

163.

A fine not exceeding €2,000 or, in the case of a second or any subsequent offence under that section, a fine not exceeding €4,000.

5.

69, 123, 128, 129.

A fine not exceeding €2,000 and, in the case of a continuing offence, a further fine (not exceeding in all €2,500) not exceeding €250 for each day during which the offence is continued.

6.

100(3).

A fine not exceeding €2,000, and if after conviction the contravention is continued, that person commits a further offence on each day during which the contravention continues and is liable on summary conviction to a fine not exceeding €1,000.

100(5)( e).

A fine not exceeding €2,000.

7.

111.

A fine not exceeding €2,000 and a further fine (not exceeding in all €2,500) not exceeding €50 per day until the defendant restores the bed of the river in respect of which the offence under that section is committed to its original state.

8.

124.

A fine not exceeding €2,000 and a further fine (not exceeding in all €2,500) not exceeding €250 for each day during which the neglect referred to in that section continues.

9.

127, 134, 135, 136, 137, 138, 177.

A fine (not exceeding in all €2,500) of an amount not exceeding €2,000 together with an amount not exceeding €250 for each salmon and €50 for each other fish in respect of which the offence under that section is committed.

10.

94.

A fine (not exceeding in all €2,500) of an amount not exceeding €2,000 together with an amount not exceeding €250 for each salmon and €50 for each other fish caught by means of any net used in the commission of the offence under that section.

11.

95, 96, 97, 99, 102, 103, 104, 107, 110, 114, 116, 131, 132, 164, 165, 166, 170, 173, 174, 285A, 301, 308.

A fine not exceeding €2,000 or imprisonment for a term not exceeding 6 months or both.

12.

183.

A fine not exceeding €2,000 or, in the case of a second or any subsequent offence under that section, a fine not exceeding €4,000 or imprisonment for a term not exceeding 6 months or both.

13.

176.

A fine (not exceeding in all €2,500) of an amount not exceeding €2,000 together with an amount not exceeding €250 for each salmon and €50 for each other fish in respect of which the offence under that section is committed or imprisonment for a term not exceeding 6 months or both.

14.

156(2), 157, 163A(1), 182.

A fine not exceeding €1,000 together with an amount not exceeding €100 for each salmon, €100 for each kilogram of eels or molluscan shellfish and €20 for each other fish in respect of which the offence under that section is committed provided that the total amount of the fine shall not exceed €2,000 or imprisonment for a term not exceeding 6 months or both.

15.

156(3).

A fine not exceeding €1,000.

16.

163A(3), 163A(5).

A fine not exceeding €1,000.

F5 [ PART 2

Reference Number

Section of Act of 1962

Penalty

(1)

(2)

(3)

1.

27.

A fine not exceeding 500.

2.

28(1).

A fine not exceeding 1,000 together with an amount not exceeding 250 for each salmon and 50 for each trout in respect of which the offence under that section is committed provided that the total amount of the fine shall not exceed 2,500.

3.

28(3), 28(5).

A fine not exceeding 1,000.

4.

29.

A fine not exceeding 2,000 or imprisonment for a term not exceeding 6 months or both ].

PART 3

Reference Number

F6 [ Section of Act of 1994 ]

Penalty

(1)

(2)

(3)

1.

15(2)( a).

A fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months or both.

2.

15(3).

A fine not exceeding €2,500 or to imprisonment for a term not exceeding 3 months or both.

Annotations

Amendments:

F5

Substituted (11.07.2017) by Inland Fisheries (Amendment) Act 2017 (16/2017), s. 3(a), S.I. No. 322 of 2017.

F6

Substituted (11.07.2017) by Inland Fisheries (Amendment) Act 2017 (16/2017), s. 3(b), S.I. No. 322 of 2017.