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STATUTORY INSTRUMENTS
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S.I. No. 348 of 2005
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INLAND
FISHERIES (PAYMENT IN LIEU OF PROSECUTION) REGULATIONS 2005.
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S.I. No. 348 of 2005
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Inland
Fisheries (Payment in Lieu of Prosecution) Regulations 2005.
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I, Pat the Cope Gallagher, 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 , the Fisheries (Transfer of Departmental
Administration and Ministerial Functions) Order 1977 ( S.I. No. 30 of 1977 )
(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) (No.2) Order 2004 ( S.I.
No. 703 of 2004 ), hereby make the following regulations:
1. These
Regulations may be cited as the Inland Fisheries (Payment in Lieu of
Prosecution) Regulations 2005.
2. In
these Regulations-
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“Act of 1999” means the Fisheries (Amendment)
Act 1999 (No. 35 of 1999);
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“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),
10(7), 11(2), 13, 14, 15 or 19 of the Wild Salmon and Sea Trout Tagging
Scheme Regulations 2005 ( S.I. No. 204 of 2005 ).
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
Inland Fisheries (Payment in Lieu of Prosecution) Regulations 2004 ( S.I. No. 207 of 2004 ) are revoked.
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SCHEDULE
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Regulation 4
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FISHERIES ACTS
1959 TO 2004
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NOTICE IN RELATION TO AN ALLEGED OFFENCE
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..........................................
1Regional Fisheries Board
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To ............................................................ ............................................................ ....................
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Address ............................................................ ............................................................ ..........
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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:
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(a) an offence under section ........... of the Fisheries
(Consolidation) Act 1959 (see PART A)3,
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(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 2005 ( S.I. No. 204 of 2005 ) (see PART B) 3,
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(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.
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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.
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Dated .......................
20........ Signed:............................................
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Authorised
Officer
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1Complete name of regional fisheries board.
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2Insert address of the place where the offence is alleged to
have been committed.
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3Strike out if not applicable and insert applicable section,
regulation or bye-law number.
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4Insert address at which the fine
can be paid.
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PART A - FISHERIES (CONSOLIDATION) ACT 1959
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Angling for salmon during annual close
season. (Section 137(2)(a))
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1
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Angling for trout during annual close season. (Section
138(2)(a))
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2
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Holder of a Part X licence failing to display
licence. (Section 162(1)(b) (inserted by section 20 of the Fisheries
(Amendment) Act, 1994 ))
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3
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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 ))
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4
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Using strokehaul or similar
instrument for the purpose of taking fish. (Section 166(2))
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5
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Unauthorised entry on several fishery.
(Section 178)
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6
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Obstructing persons lawfully fishing. (Section 287)
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7
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Giving warning to person unlawfully fishing. (Section
291)
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8
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Failing to produce licence on demand. (Section 303(2))
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9
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PART B - WILD SALMON AND SEA TROUT TAGGING SCHEME
REGULATIONS 2005
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( S.I. No.
204 of 2005 )
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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)
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10
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Removing a tag that is affixed to a wild
salmon or sea trout except at the time the fish is processed. (Regulation
10(3))
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11
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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))
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12
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Affixing a tag to any fish which is not a wild salmon
or sea trout. (Regulation 10(5))
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13
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Selling, offering to sell, displaying,
importing, exporting or transhipping an untagged wild salmon or sea trout.
(Regulation 10(6))
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14
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Person having in his or her possession an
untagged wild salmon or sea trout. (Regulation 10(7))
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15
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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))
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16
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Holder of a logbook failing to have the
logbook in his or her possession when fishing. (Regulation 13)
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17
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Holder of a logbook failing to make an entry
in the logbook at the appropriate time. (Regulation 14)
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18
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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)
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19
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Person engaged in catering failing to retain,
or to surrender, a tag, a record or a statement of a fisherman.
(Regulation 19)
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20
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PART C - BYE-LAWS UNDER SECTION 9(1) OF FISHERIES
(CONSOLIDATION) ACT 1959
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Contravention of the Tagging of Nets and
Numbering of Boats for Salmon or Trout Fishing Bye-law No. 583, 1976.
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21
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Contravention of the Prohibition on the Use
of Live Fish as Bait in Fresh Water Bye-law No. 592, 1977.
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22
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Contravention of the Control of Fishing for
Coarse Fish in Fresh Water Bye-law No. 595, 1977.
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23
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Contravention of the Conservation of Pike
Bye-law No. 667, 1990.
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24
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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.
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25
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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.
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26
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Contravention of a bye-law prohibiting the
use of prawn, shrimp, any other crustacean or artificial forms thereof as
bait in angling.
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27
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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.
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28
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Contravention of a bye-law prohibiting the
taking or having in possession more than a specified number of any kind of fish.
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29
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Contravention of a bye-law prohibiting the
taking, having in possession or control, selling or offering for sale any
sea trout.
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30
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Contravention of a bye-law prohibiting the fishing, or
attempting to fish, for bass.
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31
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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.
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32
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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.
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33
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GIVEN under my hand,
6 July
2005.
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Pat the Cope Gallagher,
Minister of State at the Department of
Communications, Marine and Natural Resources
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EXPLANATORY NOTE
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(This note is not part of the Instrument and does not purport to be
a legal interpretation)
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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.
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