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Select Committee on Enterprise and Economic Strategy díospóireacht -
Friday, 17 Jun 1994

SECTION 16.

I move amendment No. 14:

In page 10, paragraph (a), to delete lines 12 to 27 and substitute the following:

Reference Number

Section of Principal Act

Fine

Forfeiture

(1)

(2)

(3)

(4)

4

Section 223A of the Principal Act (conservation of fish stocks and rational exploitation of fisheries).

(a)

Orders under the section relating to capacity plans and undersized nets.

Fine not exceeding £50,000.

Forfeiture, as a statutory consequence of conviction of the offence under the said section, of—

(a) any fish,

(b) any fishing gear,

found either—

(i) on the boat to which the said offence relates, or

(ii) in any other place where they may be.

(b)

All other orders under the section.

Fine not exceeding £20,000.

Forfeiture, as a statutorty consequence of conviction of the offence under the said section, of—

(a) any fish,

(b)any fishing gear,

found either—

(i) on the boat to which the said offence relates, or

(ii) in any other place where they may be.

On a point of clarification, if the Minister's amendment is agreed what is the position regarding the amendment in the names of Deputy Sheehan and me which proposes a fine of £250,000?

That amendment referred to a different section.

Yes, but in his contribution on amendment No. 11 the Minister stated that this amendment contained a similar proposal. Does he intend to proceed with his amendment even though our amendment has been agreed?

The substantive point is that the penalty will be increased from £50,000 to £250,000 as a result of the amendment being accepted. I am pressing my amendment.

Amendment put and declared carried.

I move amendment No. 15:

In page 10, paragraph (b), to delete lines 31 to 51 and substitute the following:

"‘

Reference Number

Section of Principal Act

Fine

Forfeiture

(1)

(2)

(3)

(4)

4

Section 223A of the Principal Act (conservation of fish stocks and rational exploitation of fisheries).

Fine not exceeding £1,000

Forfeiture, as a statutory consequence of conviction of the offence under the said section, of—

(a) any fish unlawfully caught,

(b) any fishing gear used in the commission of the offence or to which the said offence relates,

found either—

(i) on the boat to which the said offence relates, or

(ii) in any other place where they may be.

'.".

Amendment agreed to.
Section 16, as amended, agreed to.
Sections 17 and 18 agreed to.
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