S.I. No. 330/2006 - Inland Fisheries (Fixed Payment) Regulations 2006

S.I. No. 330 of 2006

Inland Fisheries (Fixed Payment) Regulations 2006.

I, John Browne, Minister of State at the Department of 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 2 5 (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 )) and the Marine (Delegation of Ministerial Functions Order 2006 ( S.I. No. 82 of 2006 ), hereby make the following regulations:

1.  These Regulations may be cited as the Inland Fisheries (Fixed Payment) Regulations 2006.

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);

“Regulations of 2002” means the Fisheries Acts 1959 to 2001 (Payment in Lieu of Prosecution) Regulations 2002 ( S.I. No. 414 of 2002 ).

3.  It is declared that section 25 (inserted by section 3(b) of the Act of 2000) of the Act of 1999 applies to 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(3), 10(4), 10(5) 10(6), 10(7), 11(2), 13, 14, 15 or 19 of the Wild Salmon and Sea Trout Tagging Scheme Regulations 2006 ( S.I. No. 208 of 2006 ).

4.  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 2000.

5.  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 (varied by Regulation 8 of the Regulations of 2002) is varied, in lieu of that amount, to €70.

6.  The following are revoked:

(a)  Regulation 8 of the Regulation of 2002, and

(b)  the Inland Fisheries (Payment in Lieu of Prosecution) Regulations 2005 ( S.I. No. 348 of 2005 ).

SCHEDULE

FISHERIES ACTS 1959 TO 2006

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 .......................... 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 2006 ( S.I. No. 208 of 2006 ) (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. If during that period you pay to the ........................................................................ ¹ Regional Fisheries Board .............................................................................................................................⁴ the sum of €70 accompanied by this notice a prosecution in respect of the alleged offence will not be instituted.

Dated ........................ 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, in order to cater for new fisheries legislation. The form of 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.