Fisheries Act, 1980
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PART IV Legal Proceedings, Penalties, etc. | ||
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Certain offences may be tried on indictment. |
46.—(1) A person charged with an offence under section 65 , 66 , 69 , 73 , 94 , 95 , 96 , 97 , 127 , 128 , 129 , 130 , 132 , 134 , 135 , 137 , 140 , 145 , 146 , 156 , 176 , 177 or 182 of the Principal Act may be tried on indictment. | |
(2) A person charged with an offence under section 28 (1) of the Act of 1962 may be tried on indictment and shall, on conviction on indictment, be liable to a fine of an amount not exceeding £2,000 together with an amount not exceeding £50 for each salmon and £5 for each trout in respect of which the offence is committed, or at the discretion of the court, to imprisonment for a term not exceeding two years or to both such fine and such imprisonment. | ||
(3) A person charged with an offence under section 29 of the Act of 1962 may be tried on indictment and shall, on conviction on indictment, be liable to a fine not exceeding £2,000, or at the discretion of the court, to imprisonment for a term not exceeding two years or to both such fine and such imprisonment. | ||
(4) A person charged with contravening a bye-law made by the Minister under section 9 of the Principal Act, being a bye-law which— | ||
(a) prohibits the use, or attempt to use either generally or in a manner specified in the bye-law in fishing for salmon or trout, any drift net, or two or more drift nets joined together, or any drift net, or two or more drift nets so joined, which is of a specified class or description, | ||
(b) prohibits the having on board any boat, either generally or in an area which is specified in the bye-law, any such drift net or nets, | ||
(c) prohibits the use, or attempt to use, in fishing for salmon or trout, any net made wholly or partly from monofilament or multistrand monofilament, or | ||
(d) prohibits the having on board any boat, or the possession for the capture of fish on any quay, on or near any bank of a river or estuary, or on or near any sea coast or at sea, any net mounted or otherwise prepared for use in fishing and made wholly or partly of monofilament or multistrand monofilament, or of monofilament or multistrand monofilament with a mesh greater than a size specified in the bye-law, | ||
may be tried on indictment and shall, if convicted on indictment of an offence under the said section 9 be liable to a fine not exceeding £2,000, or at the discretion of the court, to imprisonment for a term not exceeding two years or to both such fine and such imprisonment. | ||
(5) Any reference to summary conviction in any section of the Principal Act which is mentioned in subsection (1) of this section, or in section 28 or 29 of the Act of 1962, shall be construed as including a reference to conviction on indictment. | ||
(6) Subsection (4) (inserted by section 3 of the Act of 1962) of section 9 of the Principal Act shall be construed and have effect in relation to bye-laws described in that subsection which are also bye-laws described in subsection (4) of this section as if the reference therein to summary conviction included a reference to conviction on indictment. | ||
(7) The provisions of subsections (1), (2), (3) and (4) of this section are in addition to and not in substitution for section 309 (1) of the Principal Act (inserted by section 49 of this Act). |