S.I. No. 207/2004 - Inland Fisheries (Payment in Lieu of Prosecution) Regulations 2004

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 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 )) and the Communications, Marine and Natural Resources (Delegation of Ministerial functions) Order 2002 ( S.I. No. 374 of 2002 ), hereby make the following regulations:

1. These Regulations may be cited as the Inland Fisheries (Payment in Lieu of Prosecution) Regulations 2004.

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. 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) or 10(7), 11(2), 13, 14, 15 or 19 of the Wild Salmon and Sea Trout Tagging Scheme Regulations 2004 ( S.I. No. 136 of 2004 ).

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. Regulations 4 and 5 of, and the Schedule to, the Inland Fisheries (Payment in Lieu of Prosecution) Regulations 2003 ( S.I. No. 297 of 2003 ) are revoked.

SCHEDULE

Regulation 4

FISHERIES ACTS 1959 TO 2003

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 2004 ( S.I. No. 136 of 2004 ) (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 €65 accompanied by this notice a prosecution in respect of the alleged offence will not be instituted.

Dated ............... 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
Using strokehaul or similar instrument for the purpose of taking fish. (Section 166(2))	5
Unauthorised entry on several fishery. (Section 178)	6
Obstructing persons lawfully fishing. (Section 287)	7
Giving warning to person unlawfully fishing. (Section 291)	8
Failing to produce licence on demand. (Section 303(2))	9

PART B - WILD SALMON AND SEA TROUT TAGGING SCHEME REGULATIONS 2004 ( S.I. No. 136 of 2004 )
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 3)	10
Removing a tag that is affixed to a wild salmon or sea trout except at the time the fish is processed. (Regulation 10(3))	11
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 10(4))	12
Afixing a tag to any fish which is not a wild salmon or sea trout. (Regulation 10(5))	13
Selling, offering to sell, displaying, importing, exporting or transhipping an untagged wild salmon or sea trout. (Regulation 10(6))	14
Person having in his or her possession an untagged wild salmon or sea trout. (Regulation 10(7))	15
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 11(2))	16
Holder of a logbook failing to have the logbook in his or her possession when fishing. (Regulation 13)	17
Holder of a logbook failing to make an entry in the logbook at the appropriate time. (Regulation 14)	18
Holder of a logbook failing to return completed logbook together with unused tags to the relevant regional fisheries board within the appropriate time. (Regulation 15)	19
Person engaged in catering failing to retain, or to surrender, a tag, a record or a statement of a fisherman. (Regulation 19)	20

PART C - BYE-LAWS 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.	21
Contravention of the Prohibition on the Use of Live Fish as Bait in Fresh Water Bye-law No. 592, 1977	22
Contravention of the Control of Fishing for Coarse Fish in Fresh Water Bye-law No. 595, 1977.	23
Contravention of the Conservation of Pike Bye-law No. 667, 1990	24
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.	25
Contravention of a bye-law prohibiting the use of specified bait or the use of any lure other than artificial fly in angling for any kind of fish with rod and line.	26
Contravention of a bye-law prohibiting the use of prawn, shrimp, any other crustacean or artificial forms thereof as bait in angling.	27
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.	28
Contravention of a bye-law prohibiting the taking or having in possession more than a specified number of any kind of fish.	29
Contravention of a bye-law prohibiting the taking, having in possession or control, selling or offering for sale any sea trout.	30
Contravention of a bye-law prohibiting the fishing, or attempting to fish, for bass.	31
Contravention of a bye-law prohibiting the taking, killing or having in possession a fish taken by rod and line and hooked other than in the mouth.	32
Contravention of a bye-law prohibiting or restricting trolling and or the use of more than a specified number of rods by a person at any one time.	33

GIVEN under my hand, this 5th day of May, 2004.

JOHN BROWNE,

Minister of State at the Department of Communications, 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 amend the Inland Fisheries (Payment in Lieu of Prosecution) Regulations 2003 ( S.I. No. 297 of 2003 ), which 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.

²Indert 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.

¹Complete name of regional fisheries board.

⁴Insert address at which the fine can be paid.