S.I. No. 463/2000 - Fisheries Acts, 1959 To 2000 (Payment in Lieu of Prosecution) Regulations, 2000.

I, FRANK FAHEY, Minister for the Marine and Natural Resources, in exercise of the powers conferred on me by section 4 of the Fisheries (Consolidation) Act, 1959 (No. 14 of 1959), section 25 (inserted by section 3 (b) of the Fisheries (Amendment) Act, 2000 (No. 34 of 2000)) of the Fisheries (Amendment) Act, 1999 (No. 35 of 1999), and section 2 of the Fisheries (Amendment) Act, 2000 , hereby make the following regulations:

1. These Regulations may be cited as the Fisheries Acts, 1959 to 2000 (Payment in Lieu of Prosecution) Regulations, 2000.

2. In these Regulations—

“the Act of 1999” means the Fisheries (Amendment) Act, 1999 (No. 35 of 1999);

“the Act of 2000” means the Fisheries (Amendment) Act, 2000 (No. 34 of 2000).

3. The following bye-laws are hereby prescribed for the purposes of section 2(1)(b) of the Act of 2000—

(a) the Tagging of Nets and Numbering of Boats for Salmon or Trout Fishing Bye-law No. 583, 1976,

(b) the Prohibition on the Use of Live Fish as Bait in Fresh Water Bye-law No. 592, 1977,

and

(d) the Conservation of Pike Bye-law No. 667, 1990.

4. It is hereby declared that section 25 (inserted by section 3(b) of the Act of 2000) of the Act of 1999 applies to the offences under section 24(6) (inserted by section 3(a)(i) of the Act of 2000) of the Act of 1999 in respect of a contravention of Regulation 4, 7(1), 7(2), 7(3), 7(4), 7(5), 8(6), 10, 11 or 16 of the Wild Salmon and Sea Trout Tagging Scheme Regulations, 2000 ( S.I. No. 256 of 2000 ).

5. It is hereby prescribed that a notice served on a person under section 25(2) (inserted by section 3(b) of the Act of 2000) of the Act of 1999 or section 2(1) of the Act of 2000 shall be in the form set out in the Schedule to these Regulations.

SCHEDULE

FISHERIES ACTS, 1959 TO 2000

NOTICE IN RELATION TO AN ALLEGED OFFENCE

.................................. ¹ Regional Fisheries Board

To ............................................................ ............................................................ ......................

Address ............................................................ ............................................................ ..............

It is alleged that you have committed an offence at .............² on the ......... day of .............. 20 ...... The alleged offence, particulars of which are given at number ....... below/overleaf, is:

(a) an offence under section ...... of the Fisheries (Consolidation) Act, 1959 (see PART A)³

(b) an offence under section 24(6) (inserted by section 3(a)(i) of the Fisheries (Amendment) Act, 2000 ) of the Fisheries (Amendment) Act, 1999 in respect of a failure to comply with, or a contravention of, Regulation ...... of the Wild Salmon and Sea Trout Tagging Scheme Regulations, 2000 ( S.I. No. 256 of 2000 ) (see PART B)³

(c) an offence in respect of a contravention of Bye-law No. ......... made, or deemed to have been made, under section 9 (1) of the Fisheries (Consolidation) Act, 1959 (see PART C)³

A prosecution in respect of the alleged offence will not be instituted during the period of 21 days beginning on the date of this notice and if during that period you pay to the .....¹ Regional Fisheries Board ........................................ ⁴ the sum of £50 accompanied by this notice a prosecution in respect of the alleged offence will not be instituted.

Dated this ...... day of ................ 20 ......

Signed: .................................

Authorised Officer

PART A - FISHERIES (CONSOLIDATION) ACT, 1959
Angling for salmon during annual close season. (Section 137(2)(a))	1
Angling for trout during annual close season. (Section 138(2)(a))	2
Holder of a Part X licence failing to display licence. (Section 162(1)(b) (inserted by section 20 of the Fisheries (Amendment) Act, 1994 ))	3
Holder of a Part X licence failing to keep or to make an entry in a register or failing to produce for inspection a register or documents. (Section 163(4) (inserted by section 20 of the Fisheries (Amendment) Act, 1994 ))	4
Unauthorised entry on several fishery. (Section 178)	5
Obstructing persons lawfully fishing. (Section 287)	6
Giving warning to person unlawfully fishing. (Section 291)	7
Failing to produce licence on demand. (Section 303(2))	8

PART B - WILD SALMON AND SEA TROUT TAGGING SCHEME REGULATIONS, 2000
Person failing to affix, in accordance with the Regulations, a gill tag to a wild salmon or sea trout caught and retained by him or her. (Regulation 4)	9
Removing a tag that is affixed to a wild salmon or sea trout except at the time the fish is processed. (Regulation 7(1))	10
Person affixing, or having affixed, a tag, other than a tag which has been issued to him or her to any wild salmon or sea trout. (Regulation 7(2))	11
Affixing a tag to any fish which is not a wild salmon or sea trout. (Regulation 7(3))	12
Selling, offering to sell, displaying, importing, exporting or transhipping an untagged wild salmon or sea trout. (Regulation 7(4))	13
Person having in his or her possession an untagged wild salmon or sea trout. (Regulation 7(5))	14
Dealer who imports a wild salmon or sea trout failing to notify the relevant regional board before the fish is imported, failing to affix a tail tag to such fish or failing to complete the dealer's record book. (Regulation 8(6))	15
Holder of a logbook failing to have the logbook in his or her possession when fishing. (Regulation 10)	16
Holder of a logbook failing to complete the logbook. (Regulation 11)	17
Person engaged in catering failing to retain, or to surrender, a tag, a record or a statement of a fisherman. (Regulation 16)	18

PART C - BYE-LAW UNDER SECTION 9(1) OF FISHERIES (CONSOLIDATION) ACT, 1959
Contravention of the Tagging of Nets and Numbering of Boats for Salmon or Trout Fishing Bye-law No. 583, 1976	19
Contravention of the Prohibition on the Use of Live Fish as Bait in Fresh Water Bye-law No. 592, 1977.	20
Contravention of the Control of Fishing for Coarse Fish in Fresh Water Bye-law No. 595, 1977.	21
Contravention of the Conservation of Pike Bye-law No. 667, 1990.	22
Contravention of a bye-law prohibiting the having on board any boat a drift net, draft net, snap net or other fishing engine other than rod and line.	23
Contravention of a bye-law prohibiting the use of any lure other than artificial fly in angling for any kind of fish with rod and line.	24
Contravention of a bye-law prohibiting the use of prawn, shrimp, any other crustacean or artificial forms thereof as bait in angling.	25
Contravention of a bye-law prohibiting the taking, killing or having in possession a fish of any kind which is less than a specified length.	26
Contravention of a bye-law prohibiting the taking or having in possession more than a specified number of any kind of fish.	27
Contravention of a bye-law prohibiting the taking, having in possession or control, selling or offering for sale any sea trout.	28
Contravention of a bye-law prohibiting the fishing, or attempting to fish, for bass.	29

	GIVEN under my Official Seal, this 19th day of December 2000.
	FRANK FAHEY,
	Minister for the Marine and Natural Resources.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These regulations provide for a system of on-the-spot fines in the area of inland fisheries to be administered by the regional fisheries boards. The form of the notice of an on-the-spot fine is set out in the Schedule to the regulations.

¹ Complete name of regional fisheries board.

² Insert address of the place where the offence is alleged to have committed.

³ Strike out if not applicable and insert applicable section, regulation or bye-law number.

¹ Complete name of regional fisheries board.

⁴ Insert address at which the fine can be paid.