1. HomeBaile
  2. ActsAchtanna
  3. 1962
  4. Fisheries (Amendment) Act, 1962

Fisheries (Amendment) Act, 1962

Alteration of certain penalties under Principal Act.

32.—(1) A person convicted of an offence for which a penalty is provided in any section of the Principal Act specified in column (2) 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 (whether with or without hard labour), a fine or imprisonment (whether with or without hard labour), or a fine and imprisonment (whether with or without hard labour), be liable to the appropriate penalty specified in column (3) of the Table to this section at that reference number and that section shall be construed and have effect accordingly.

(2) Any person guilty of an offence against a bye-law in relation to which subsection (2) of section 9 of the Principal Act applies and which is made before the commencement of this section shall (notwithstanding anything contained in the said subsection (2)) be liable on summary conviction, in lieu of any fine provided for by the bye-law but in addition to any forfeiture provided for therein, to a fine not exceeding twenty-five pounds, and any fish illegally taken by him or in his possession at the time of the offence, shall, as a statutory consequence of conviction, stand forfeited.

(3) Section 221 of the Principal Act is hereby amended by the deletion in subsection (2) of “, in the case of a first offence under this section, to a fine not exceeding fifty pounds and, in the case of a second or any subsequent offence under this section,” and of “(whether the offence is a first offence or not)”.

(4) Section 222 of the Principal Act is hereby amended by the deletion in subsection (3) of “, in the case of a first offence under this section to a fine not exceeding fifty pounds and, in the case of a second or any subsequent offence under this section” and of “(whether the offence is a first offence or not)”.

(5) Section 223 of the Principal Act is hereby amended by—

(a) the substitution in subsection (2) of “to a fine not exceeding one hundred pounds” for “, in the case of a first offence under this section, to a fine not exceeding two hundred pounds, and in the case of a second or any subsequent offence under this section to a fine not exceeding five hundred pounds”,

(b) the substitution in subsection (3) of “or fish by means of or in relation to” for “by means of”, and

(c) the substitution of “second” for “third” in paragraph (a) of subsection (4), and of “any previous offence” for “the previous offences” in paragraph (b) of that subsection.

(6) The Third Schedule to the Principal Act shall have effect as if—

(a) “twenty-five pounds” were substituted for “twenty pounds” in clause (d) of subparagraph (3) of paragraph 11, and

(b) “twenty-five pounds” were substituted for “five pounds” in subparagraph (3) of paragraph 13.

(7) Where a person is convicted of an offence under the Principal Act or any Act amending the Principal Act in relation to which provision is not made (apart from this section) for the forfeiture on conviction of any fish in respect of which the offence is committed, any fish in respect of which the offence is committed shall, as a statutory consequence of conviction, stand forfeited.

(8) This section shall have effect as respects offences committed after the commencement of this section.

TABLE.

Ref. No.

Section

Penalty

(1)

(2)

(3)

1.

12, 13, 153, 162, 178, 179, 180, 181, 237, 238, 239, 240, 241, 242, 243, 253, 255, 265, 273, 274, 285, 286, 287, 288, 289, 290, 291, 303, 304, 306.

A fine not exceeding twenty-five pounds.

2.

17, 91, 92, 93, 105, 106, 112, 113, 119, 120, 121, 122, 125, 130, 140, 141, 143, 144, 145, 146, 152, 163, 167, 168, 169, 294, 298.

A fine not exceeding fifty pounds.

3.

69, 123, 128, 129.

A fine not exceeding fifty pounds and, in the case of a continuing offence, a further fine (not exceeding fifty pounds in all) not exceeding ten pounds for each day during which the offence is continued.

4.

100.

A fine not exceeding one hundred pounds and, in the case of a continuing offence, a further fine (not exceeding one hundred pounds in all) not exceeding ten pounds for each day during which the offence continues after conviction thereof.

5.

111.

A fine not exceeding fifty pounds and a further fine (not exceeding fifty pounds in all) not exceeding one pound per day until the defendant restores the bed of the river in respect of which the offence under the said section 111 is committed to its original state.

6.

124.

A fine not exceeding fifty pounds and a further fine (not exceeding fifty pounds in all) not exceeding ten pounds for each day during which the neglect referred to in the said section 124 continues.

7.

172.

A fine not exceeding fifty pounds and a further fine (not exceeding fifty pounds in all) not exceeding ten pounds for each day during which the failure referred to in the said section 172 continues.

8.

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

A fine, not exceeding one hundred pounds in all, of an amount not exceeding fifty pounds together with an amount not exceeding five pounds for each salmon and ten shillings for each other fish in respect of which the offence under the section is committed.

9.

94.

A fine, not exceeding one hundred pounds in all, of an amount not exceeding fifty pounds together with an amount not exceeding five pounds for each salmon and ten shillings for each other fish caught by means of any net used in the commission of the offence under the said section 94.

10.

95, 96, 131, 132, 165, 166, 170, 173, 174, 183, 231, 233, 236, 301, 308.

A fine not exceeding fifty pounds or, at the discretion of the Court, imprisonment for any term not exceeding six months or both such fine and such imprisonment.

11.

97, 99, 102, 103, 104, 107, 110, 114, 116, 171.

A fine not exceeding one hundred pounds or, at the discretion of the Court, imprisonment for any term not exceeding six months or both such fine and such imprisonment.

12.

156, 157, 176, 182.

A fine, not exceeding one hundred pounds in all, of an amount not exceeding fifty pounds together with an amount not exceeding five pounds for each salmon and ten shillings for each other fish in respect of which the offence under the section is committed or, at the discretion of the Court, imprisonment for a term not exceeding six months or both such fine and such imprisonment.