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S.I. No. 706/2011 - Inland Fisheries (Fixed Charge Notice) (No. 2) Regulations 2011.

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Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 3rd January, 2012.

I, FERGUS O’DOWD, Minister of State at the Department of Communications, Energy and Natural Resources, in exercise of the powers conferred on me by sections 70 and 80 of the Inland Fisheries Act 2010 (No. 10 of 2010) and the Energy and Natural Resources (Delegation of Ministerial Functions) (No. 2) Order 2011 ( S.I. No. 631 of 2011 ), hereby make the following regulations:

1. These Regulations may be cited as the Inland Fisheries (Fixed Charge Notice) (No. 2) Regulations 2011.

2. In these Regulations “Act of 2010” means the Inland Fisheries Act 2010 (No. 10 of 2010).

3. It is declared that section 70 of the Act of 2010 applies in respect of a contravention of Regulation 3, 4, 15, 16, 17, 20, 21, 22(2), 22(3), 22(4), 22(5), 22(6), 22(7) or 22(8) of the Wild Salmon and Sea Trout Tagging Scheme (No. 2) Regulations 2011 ( S.I. No. 705 of 2011 ).

4. The form set out in Schedule 1 is prescribed for the purposes of sections 70(2) and 80(1) of the Act of 2010.

5. The Bye-laws specified in Schedule 2 are prescribed for the purposes of paragraphs (b) and (c) of section 80(1) of the Act of 2010.

6. The prescribed amount of a fixed charge in respect of a fixed charge notice under sections 70 and 80 of the Act of 2010 is €150.

7. The Inland Fisheries (Fixed Charge Notice) Regulations 2011 ( S.I. No. 81 of 2011 ) is revoked.

Regulation 4

SCHEDULE 1INLAND FISHERIES ACTS 1959 TO 2010

FIXED CHARGE NOTICE IN RELATION TO AN ALLEGED OFFENCE F No.

Inland Fisheries Ireland

To............................................ Address..............

(Name)

It is alleged that you have committed an offence at ..............

.............................................¹ on the ....... day of .............. 20......

1Insert address of the place where the offence is alleged to have been committed.

1. This offence was committed under section ............² of the Fisheries (Consolidation) Act 1959 .

2Insert the relevant section number taken from Part 1 of Schedule 6 to the Inland Fisheries Act 2010 , if applicable. Otherwise leave blank.

OR

2. This was a contravention of Bye-Law No. ..................... ,..................... ³ made or deemed to have been made under section 57(1) of the Inland Fisheries Act 2010 .

3Insert the number of the relevant Bye-law of a type referred to in Part 2 of Schedule 6 to the Inland Fisheries Act 2010 , or the relevant Bye-law specified in Schedule 2 to the Inland Fisheries (Fixed Charge Notice) (No. 2) Regulations 2011, if applicable. Otherwise leave blank.

OR

3. This was a contravention of Regulation No. ....................................... ⁴ , of the Wild Salmon and Sea Trout Tagging Scheme (No. 2) Regulations 2011 ( S.I. No. 705 of 2011 ) made or deemed to have been made under section 69 of the Inland Fisheries Act 2010 .

4Insert the relevant regulation taken from Regulation 3 to the Inland Fisheries (Fixed Charge Notice) (No. 2) Regulations 2011, if applicable. Otherwise leave blank.

A prosecution in respect of the alleged offence specified at No. ....................⁵ above will not be instituted during the period of 21 days beginning on the date of this notice if during that period you pay to Inland Fisheries Ireland

5Insert number 1, 2 or 3, as appropriate.

at..............the sum of €150, together with this notice, either personally or by post.

Authorised Officer.............. Dated ..... ........................... 20......

Citation of Offence⁶ : ..........................................

6Insert the nature of the alleged contravention taken from Schedule 6 to the Inland Fisheries Act 2010 , Regulation 3 to the Inland Fisheries (Fixed Charge Notice) (No. 2) Regulations 2011 or the Bye-law contravened taken from Schedule 2 to those Regulations, whichever is applicable.

Regulation 5

SCHEDULE 2

GIVEN under my hand,

16 December 2011.

FERGUS O’DOWD,

Minister of State at the Department of Communications, Energy and Natural Resources.

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 to be administered by Inland Fisheries Ireland as applies to fisheries legislation. The form of notice of an on-the-spot fine is set out in the Schedule to the Regulations.

1Insert address of the place where the offence is alleged to have been committed.

2Insert the relevant section number taken from Part 1 of Schedule 6 to the Inland Fisheries Act 2010, if applicable. Otherwise leave blank.

3Insert the number of the relevant Bye-law of a type referred to in Part 2 of Schedule 6 to the Inland Fisheries Act 2010, or the relevant Bye-law specified in Schedule 2 to the Inland Fisheries (Fixed Charge Notice) (No. 2) Regulations 2011, if applicable. Otherwise leave blank.

4Insert the relevant regulation taken from Regulation 3 to the Inland Fisheries (Fixed Charge Notice) (No. 2) Regulations 2011, if applicable. Otherwise leave blank.

5Insert number 1, 2 or 3, as appropriate.

6Insert the nature of the alleged contravention taken from Schedule 6 to the Inland Fisheries Act 2010, Regulation 3 to the Inland Fisheries (Fixed Charge Notice) (No. 2) Regulations 2011 or the Bye-law contravened taken from Schedule 2 to those Regulations, whichever is applicable.

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