STATUTORY INSTRUMENTS.

S.I. No. 463 of 2000.

FISHERIES ACTS, 1959 TO 2000 (PAYMENT IN LIEU OF PROSECUTION) REGULATIONS, 2000.

S.I. No. 463 of 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 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,

(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.

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

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.

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

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.