S.I. No. 414/2002 - Fisheries Acts 1959 To 2001 (Payment in Lieu of Prosecution) Regulations 2002

I, Dermot Ahern, Minister for Communications, 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 (as adapted by the Marine and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2002 ( S.I. No. 307 of 2002 ) hereby make the following regulations:

1.         These Regulations may be cited as the Fisheries Acts 1959 to 2001 (Payment in Lieu of Prosecution) Regulations 2002.

2.         In these Regulations-

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

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

3.          Section 166 (2) of the Fisheries (Consolidation) Act 1959 (No. 14 of 1959) is prescribed for the purposes of section 2(1)(a) of the Act of 2000.

4.         The following bye-laws are 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,

(c)        the Control of Fishing for Coarse Fish in Fresh Water Bye-law No. 595, 1977 and

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

5.         Bye-laws of the type which prohibit the taking, killing or having in possession a fish taken by rod and line and hooked other than in the mouth are prescribed for the purposes of section 2(1)(d) of the Act of 2000.

6.         It is 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 3, 10(1), 10(2), 10(3) 10(4), 10(5), 11(2), 13, 14 or 19 of the Wild Salmon and Sea Trout Tagging Scheme Regulations 2002 ( S.I. No. 215 of 2002 ).

7.         The form set out in the Schedule to these Regulations is prescribed for the purposes of section 25(2) (inserted by section 3(b) of the Act of 2000) of the Act of 1999 and section 2(1) of the Act of 2000.

8.         The amount standing specified in section 25(2)(b) (inserted by section 3(b) of the Act of 2000) of the Act of 1999 and section 2(1)(ii) of the Act of 2000 is varied by substituting “€65” for “£50”.

9.         The Fisheries Acts 1959 to 2000 (Payment in Lieu of Prosecution) Regulations 2000 ( S.I. No. 463 of 2000 ) are revoked.

SCHEDULE

Regulation 7

FISHERIES ACTS 1959 TO 2001

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 2002 ( S.I. No. 215 of 2002 ) (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 €65 accompanied by this notice a prosecution in respect of the alleged offence will not be instituted.

Dated this ........ day of .................... 20............      Signed:............................................................ .....

Authorised Officer

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.

¹Complete name of regional fisheries board.

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

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

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

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

¹Complete name of regional fisheries board.

⁴Insert address at which the fine can be paid.