FISHERIES (CONSOLIDATION) ACT, 1959

• (3) Where the occupier of a mill is charged with an offence under this section, it shall be a good defence to prove that compliance with paragraph (a) or paragraph (b) (whichever is applicable) of subsection (2) of this section would in any way have injuriously interfered with the machinery or water power of the mill.

123 Gratings in watercourses diverted from rivers to prevent entry therein of salmon or trout.

123.—(1) The following provisions shall apply in respect of every watercourse, cut, channel or sluice constructed, for the purpose of conveying water from any salmon river, for the supply of towns or the irrigation of land or as moving power for machinery or for any other purpose, other than the supply of water for navigation or for fish ponds:—

• (a) there shall be placed at the points of divergence from and return to such river, of such watercourse, cut, channel or sluice and above and below such sluice a grating (the space between the bars whereof shall not exceed two inches in any place) extending across the whole width of such watercourse, cut, channel or sluice and from the bottom of the bed or sill thereof to the level of the highest winter or flood waters,

• (b) during the months of March, April and May and such other periods of the year as the brood of salmon or trout shall be descending such river, there shall be placed or stretched over the entire surface of each such grating a wire lattice or network of such dimensions as will effectually prevent the admission of salmon fry or other small fish into such watercourse, cut, channel or sluice,

• (c) each such grating, lattice or network shall be secured and fixed in such a manner as to prevent its being removed or opened and shall be kept in constant repair.

• (2) If, in respect of any watercourse, cut, channel or sluice to which subsection (1) of this section applies, the provisions of the said subsection are not complied with, the owner, lessee or occupier of any premises to which such watercourse, cut, channel or sluice leads or other person making or using or having the care and maintenance of such watercourse, cut, channel or sluice, shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

• (3) If, in respect of any watercourse, cut, channel or sluice to which subsection (1) of this section applies and which was constructed for the purpose of conveying water as a moving power for machinery, it is proved to the satisfaction of the Minister that exemption during any period from the obligations imposed in respect thereof by the said subsection (1) is necessary for the effective working of such machinery, the Minister may grant such exemption.

• (4) The Minister may revoke the grant of an exemption made under section 4 of the Salmon Fishery (Ireland) Act, 1869, or under subsection (3) of this section.

124 Obligations of owners of hydraulic machines supplied from salmon rivers.

124.—(1) Where a turbine or similar hydraulic machine, which may be injurious to salmon in their descent to the sea, is supplied from a salmon river, it shall be the duty of the person owning or using such machine to provide, during the time in which such descent to the sea takes place, a grating or other efficient means to prevent such salmon from passing into such machine.

• (2) If any person upon whom a duty is imposed by subsection (1) of this section neglects to perform that duty, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds and to a further fine not exceeding five pounds for each day during which such neglect continues.

125 Penalty for taking fish, etc. in works or watercourses appurtenant to mills or factories.

125.—(1) If any person, in any season of the year, in any mill pool or mill dam or in any works appurtenant to any mill or factory or in any of the watercourses leading the water to or from any mill or factory, uses any fishing engine (except rod and line being lawfully used) or uses any means whatsoever for the purpose of taking, destroying or obstructing any salmon or other fish, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

• (2) When a person is convicted of an offence under this section the fishing engine in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.

• (3) Where—

• (a) it is alleged in a complaint and proved that an offence under this section was committed by means of shutting down or closing any sluice gate which is under the exclusive power of the occupier of a mill or factory, and

• (b) it is alleged in the complaint and proved that the offence was committed but that the person who committed the offence is unknown or cannot be found, and

• (c) the occupier of that mill or factory is charged with such offence,

such occupier shall be deemed to be guilty of such offence and shall be punishable accordingly.

• (4) Where—

• (a) it is alleged in a complaint and proved that an offence under this section was committed in such circumstances as to afford reasonable grounds for believing that the offence was committed—

• (i) by some person in the employment or under the control of the owner or occupier of a mill or factory, or

• (ii) with the knowledge or connivance of such owner or occupier or of the person in charge of such mill or factory, or

• (iii) through the default of reasonable precaution on the part of such owner or occupier to prevent such offence, and

• (b) it is alleged in the complaint and proved that the offence was committed, but that the person who committed the offence is unknown and cannot be found, and

• (c) the owner or occupier of the mill or factory is charged with such offence under this section,

such owner or occupier shall be deemed to be guilty of such offence and shall be punishable accordingly.

PART IX. Restrictions as to Times of Fishing for Salmon, Trout, Pollen and Eels, and Ancillary Provisions.

Chapter I. Salmon and Trout.

Division I.

Annual close season for salmon and trout.

126 Annual close season for salmon and trout.

126.—(1) In this Act, the expression “the annual close season for salmon and trout” means, in relation to any locality, the period during which it is declared by a bye-law, for the time being in force and applicable to that locality, made under this Act, to be unlawful to take or fish for salmon or trout with engines other than rod and line.

• (2) The provisions set out in the Fifth Schedule to this Act shall apply in relation to bye-laws altering the annual close season for salmon and trout.

127 Penalties for fishing, otherwise than by rod and line, for salmon or trout during annual close season for salmon and trout.

127.—(1) If any person wilfully fishes or takes or aids or assists in taking or fishing for salmon or trout during the annual close season for salmon and trout, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine of not less than two pounds and not more than twenty-five pounds, together with a further fine of two pounds for every salmon or trout so taken by him.

• (2) Where a person is convicted of an offence under this section, every salmon and trout taken by him and every fishing engine in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.

• (3) This section shall not apply to the lawful fishing for or taking of salmon or trout by rod and line.

128 Dismantlement of fixed engines during the annual close season for salmon and trout.

128.—(1) During the annual close season for salmon and trout—

• (a) every bag net and stake net shall be removed from the poles or fixtures to which it is attached and carried away,

• (b) there shall be made and maintained in every fixed engine (other than a bag net or a stake net) a clear opening of four feet in width in the heads, traps, eyes or gaps from the top to the bottom thereof so as to allow the free passage of all fish through them and effectually to prevent the taking of fish therein.

• (2) If in respect of any fixed engine the provisions of subsection (1) of this section are not complied with, the occupier thereof shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds and, in the case of a continuing offence, a further fine not exceeding five pounds for every day during which the offence is continued.

• (3) Where a person is convicted of an offence under this section, the fixed engine in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.

• (4) Nothing in subsection (2) of this section shall be construed as rendering liable to any penalty any person who was prevented by floods, storm or stress of weather from removing the things mentioned in paragraph (a) of subsection (1) of this section during the continuance of such prevention.

• (5) Where the predecessor in title of any person was on the 10th day of August, 1842, lawfully entitled by charter or prescriptive right to use any fixed engine in the tideway of a river for the purpose of catching white sea fish, the provisions of subsection (1) of this section shall not apply in respect of such fixed engine if it is used for the said purpose and no other.

129 Dismantlement of salmon fishing weirs and fishing mill dams during the annual close season for salmon and trout.

129.—(1) In this section—

the expression “salmon weir” means any weir being—

• (a) a fishing weir for taking salmon, or

• (b) a fishing mill dam for taking salmon;

the expression “moveable parts” means, in relation to a salmon weir,—

• (a) the inscales and heck of every box in such salmon weir, and

• (b) all other fittings and articles used in connection with the boxes in such salmon weir which are capable of removal;

the expression “the annual close season” means the annual close season for salmon and trout.

• (2) Within thirty-six hours of the commencement of the annual close season, all the moveable parts of a salmon weir shall be removed and carried away therefrom.

• (3) The moveable parts of a salmon weir shall not be placed therein or thereon earlier than thirty-six hours before the expiration of the annual close season.

• (4) During the annual close season (except the first and the last thirty-six hours thereof) the moveable parts of a salmon weir shall not be allowed to remain therein or thereon.

• (5) If in respect of any salmon weir the provisions of subsection (2), (3) or (4) of this section are contravened (by act or omission) the occupier thereof shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds and, in the case of a continuing offence, a further fine not exceeding five pounds for every day during which the offence is continued.

• (6) Where the occupier of a salmon weir is convicted of an offence under this section, every moveable part in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.

• (7) Nothing in subsection (5) of this section shall be construed as rendering liable to any penalty any occupier of a salmon weir who was prevented by floods, storm or stress of weather from complying with subsection (2) of this section during the continuance of such prevention.

• (8) Where the occupier of a salmon weir is convicted of an offence under this section—

• (a) the Minister may cause to be removed from such salmon weir the moveable parts in respect of which such offence was committed,

• (b) where the Minister removes the said moveable parts he shall be entitled to recover as a simple contract debt in any court of competent jurisdiction from the said occupier the expenses incurred in so doing.

• (9) Where—

• (a) the predecessor in title of an owner of a salmon weir was, on the 10th day of August, 1842, entitled by patent charter or otherwise to a right of fishing for eels therein, and

• (b) the said predecessor exercised such right before the said date,

the owner of such salmon weir shall not be liable to any penalty under subsection (5) of this section by reason of his placing, hanging or using eel nets or other engines for taking eels in the eyes or gaps of such salmon weir, if such eel nets or engines are used only in conformity with the Acts and are hung only in four-fifths in number of the eyes or gaps of such salmon weir, and the other one-fifth of such eyes or gaps, in addition to the free gap (if any) therein, are kept free and unobstructed for the free passage of fish, but this provision shall not exempt such owner from liability under section 127 if any salmon or trout are taken in such salmon weir during the annual close season.

130 Removal of nets from banks of rivers during the annual close season for salmon and trout.

130.—(1) If any person engaged in fishing for salmon by means of nets of any kind or description omits or neglects to remove and carry away from any strand or from the banks of any river or from the vicinity thereof such nets during the annual close season for salmon and trout such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine of not less than two pounds and not more than ten pounds.

• (2) Where a person is convicted of an offence under this section, the nets in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.

131 Penalty for obstructing or disturbing salmon or trout during the annual close season for salmon and trout.

131.—Every person who, during the annual close season for salmon and trout wilfully obstructs the passage of salmon or trout or the smolts or fry thereof or injures or disturbs any salmon or trout, or any spawn, fry or smolts thereof or injures or disturbs any spawning bed, bank or shallow where such spawn, fry or smolts may be, shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine of not less than two pounds and not more than twenty-five pounds, or, at the discretion of the Court, to imprisonment for any period not less than one month and not more than twelve months.

132 Penalty for use of nets during annual close season for salmon and trout.

132.—(1) If any person, during the annual close season for salmon and trout, does any of the following things—

• (a) places, affixes or attaches any net to any stake, bridge, sluice or lock gates of a canal or other such fixed erections, or

• (b) lays, draws or fishes with any net whatsoever, except a net being lawfully used for the taking of eels,

such person shall be guilty of an offence under this section and shall be liable on summary conviction to a fine not exceeding ten pounds.

• (2) Where a person is convicted of an offence under this section, the net in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.

133 Penalty for using boat for capture of salmon or trout during the annual close season for salmon and trout.

133.—(1) If any person uses any boat for the capture of salmon or trout during the annual close season for salmon and trout—

• (a) such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds,

• (b) if the offence is a second or any subsequent offence committed by such person, then, unless—

• (i) such person is not the owner of the boat, and

• (ii) the owner proves that the boat was used without his knowledge or consent,

the Court may order the boat to be forfeited.

• (2) This section shall not apply to the use of a boat by any person lawfully angling by rod and line.

134 Penalties for buying, etc., salmon or trout during the annual close season for salmon and trout.

134.—(1) If any person buys, sells, exposes for sale, or has in his custody or possession any salmon or trout taken from any waters, during the period which is, in relation to those waters, the annual close season for salmon and trout, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine of not less than two pounds and not more than twenty-five pounds, together with a further fine of two pounds for every such salmon or trout so bought, sold or exposed for sale by him or so in his custody or possession.

• (2) Where a person is convicted of an offence under this section, every salmon or trout in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.

• (3) In any proceedings under subsection (1) of this section, proof that a person bought, sold or exposed for sale or had in his custody or possession any salmon or trout during the period which is, in relation to any waters, the annual close season for salmon and trout, shall be prima facie evidence that such salmon or trout was taken during the period which is the annual close season for salmon and trout in the waters from or in which such salmon or trout may have been taken.

• (4) Where—

• (a) a person is charged with an offence under this section in relation to a salmon or trout, and

• (b) such person proves that the salmon or trout was caught by rod and line in a particular place and at a particular time, and

• (c) the capture of salmon or trout by rod and line in that place and at that time was lawful,

the charge against such person shall be dismissed.

135 Division II. Prohibition of export of salmon caught at certain times. Prohibition of export of salmon caught at certain times.

135.—(1) If any person exports or attempts to export any salmon caught during the time at which the capture of salmon is prohibited by law in the waters where such first-mentioned salmon was caught, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds for each salmon so exported or attempted to be exported.

• (2) Where a person is convicted of an offence under this section, any salmon in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.

136 Division III. Prohibition of capture of trout in January and part of February. Prohibition of capture, sale, etc., of trout in January and part of February.

136.—(1) It shall not be lawful for any person to take, kill, destroy, buy, sell, expose for sale or have in his possession any trout during the period commencing on the 1st day of January and ending on the 14th day of February in any year.

• (2) If any person takes, kills, destroys, buys, sells, exposes for sale or has in his possession any trout in contravention of this section, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine of not less than two pounds and not more than twenty-five pounds, together with a further fine not exceeding two pounds for each trout so taken, killed, destroyed, bought, sold, exposed for sale or found in his possession.

137 Division IV. Annual close season for angling for salmon. Annual close season for angling for salmon and penalties for angling for salmon therein.

137.—(1) (a) Subject to paragraphs (b) and (c) of this subsection, the annual close season for angling for salmon shall, for the purposes of this Act, be the period commencing on the 13th day of October in each year and ending on the 31st day of January in the next following year.

• (b) Where—

• (i) there is in relation to any locality a bye-law (whether applicable to angling for both salmon and trout or to angling for salmon only) in force, deemed to have been made under this Act, fixing a period during which it is declared by that bye-law to be unlawful to angle for salmon, and

• (ii) such bye-law includes as part of the said period the October close period for angling,

then, for the purposes of this Act, the annual close season for angling for salmon in that locality shall, so long as that bye-law is in force, be the period fixed by that bye-law.

• (c) Where—

• (i) there is in relation to any locality a bye-law (whether applicable to angling for both salmon and trout or to angling for salmon only) in force, deemed to have been made under this Act, fixing a period during which it is declared by that bye-law to be unlawful to angle for salmon, and

• (ii) such bye-law does not include as part of the said period the October close period for angling,

then, for the purposes of this Act, the annual close season for angling for salmon in that locality shall, so long as that bye-law remains in force, be—

• (I) the October close period for angling, and

• (II) the period fixed by that bye-law.

• (d) The provisions set out in the Fifth Schedule to this Act shall apply in relation to bye-laws altering the annual close season for angling for salmon.

• (2)
• (a) If, during the annual close season for angling for salmon, any person wilfully fishes for or takes salmon with rod and line or aids or assists in taking or fishing for salmon with rod and line, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine of not less than two pounds and not more than twenty-five pounds, together with a further fine of two pounds for every salmon so taken by him.

• (b) Where a person is convicted of an offence under this section, every salmon taken by him and the rod and line used in the commission of the offence shall, as a statutory consequence of conviction, stand forfeited.

138 Division V. Annual close season for angling for trout. Annual close season for angling for trout and penalties for angling for trout therein.

138.—(1) (a) Subject to paragraphs (b) and (c) of this subsection, the annual close season for angling for trout in a particular locality shall, for the purposes of this Act, be the period during which it is declared, by a bye-law (whether applicable to angling for both salmon and trout or to angling for trout only), for the time being in force and applicable to that locality, made under this Act, to be unlawful to angle for trout.

• (b) Where—

• (i) there is in relation to any locality a bye-law (whether applicable to angling for both trout and salmon or to angling for trout only), in force, deemed to have been made under this Act, fixing a period during which it is declared by that bye-law to be unlawful to angle for trout, and

• (ii) such bye-law includes as part of the said period the October close period for angling,

then, for the purposes of this Act, the annual close season for angling for trout in that locality shall, so long as that bye-law is in force, be the period fixed by that bye-law.

• (c) Where—

• (i) there is in relation to any locality a bye-law (whether applicable to angling for both trout and salmon or to angling for trout only) in force, deemed to have been made under this Act, fixing a period during which it is declared by that bye-law to be unlawful to angle for trout, and

• (ii) such bye-law does not include as part of the said period the October close period for angling,

then, for the purposes of this Act, the annual close season for angling for trout in that locality shall, so long as that bye-law remains in force, be—

• (I) the October close period for angling, and

• (II) the period fixed by that bye-law.

• (d) The provisions set out in the Fifth Schedule to this Act shall apply in relation to bye-laws altering the annual close season for angling for trout.

• (2)
• (a) If, during the annual close season for angling for trout, any person wilfully fishes for or takes trout with rod and line or aids or assists in taking or fishing for trout with rod and line, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine of not less than two pounds and not more than twenty-five pounds, together with a further fine of two pounds for every trout so taken by him.

• (b) Where a person is convicted of an offence under this section, every trout taken by him and the rod and line used in the commission of the offence shall, as a statutory consequence of conviction, stand forfeited.

139 Division VI. Weekly close time. Weekly close time.

139.—(1) Subject to subsections (2) and (3) of this section, in this Act, the expression “the weekly close time” means the period commencing at 6 o'clock a.m. on Saturday and ending at 6 o'clock a.m. on the next following Monday.

• (2)
• (a) This subsection applies to any river in which the Electricity Supply Board owns a fishery or a fishing right.

• (b) In this Act, the expression “the weekly close time”, in relation to any river to which this subsection applies means, subject to paragraph (c) of this subsection, the period commencing at 6 o'clock a.m. on Saturday and ending at 6 o'clock a.m. on the next following Monday.

• (c) The Minister may by regulations vary as he thinks proper the weekly close time fixed by paragraph (b) of this subsection in respect of any river to which this subsection applies, but shall not by any such regulations increase the said weekly close time to more than seventy-two hours or reduce it to less than forty-eight hours.

• (3) In this Act, the expression “the weekly close time” means, in relation to any fishing weir which is the subject of an order under subsection (2) of section 107, the period commencing at 6 o'clock a.m. on Saturday and ending at 6 o'clock a.m. on the next following Monday with the extension of a period of twenty-four hours as directed by the order.

140 Penalties for fishing, otherwise than by rod and line, for salmon or trout during the weekly close time.

140.—(1) If any person fishes for or takes any salmon or trout during the weekly close time, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine of not less than ten pounds and not more than fifty pounds.

• (2) Where a person is convicted of an offence under this section, the fishing engine in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.

• (3) This section shall not apply to lawful fishing for or taking salmon or trout by rod and line.

141 Penalty for preventing fish from passing through boxes during weekly close time.

141.—If any person, during the weekly close time,—

• (a) uses any means or contrivance to prevent the free passage of fish through any box, gap or sluice gate in a fishing weir or fishing mill dam or through any fixed engine, or

• (b) in any way wilfully frightens or scares or attempts to frighten or scare any fish from passing through such box, gap or sluice gate, or through the traps or eyes of such fixed engine,

such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine of not less than ten pounds and not more than fifty pounds.

142 Provisions in relation to offences under sections 140 and 141.

142.—(1) Where an offence under section 140 or 141 has been committed in relation to any fishery, then if—

• (a) such offence was committed by a person in the employment or under the control of the owner or occupier of such fishery, or

• (b) such offence was committed by a person (other than such owner or occupier or a person in the employment or under the control of such owner or occupier) and was facilitated by the failure of such owner or occupier to take reasonable precautions against the commission of such offence,

such owner or occupier shall also be deemed to be guilty of such offence and shall be liable to be proceeded against and punished accordingly.

• (2) Where—

• (a) an offence under section 140 or 141 has been committed in relation to any fishery by a person in the employment or under the control of the owner or occupier of such fishery, and

• (b) such owner or occupier is, by virtue of subsection (1) of this section, charged with such offence,

it shall be a good defence for such owner or occupier to prove—

• (i) that he used due diligence to prevent such commission, and that the offence was committed without his consent, connivance or wilful default, and

• (ii) that on being charged with the offence he gave to the person charging him all information in his power with respect to the person who committed the offence.

143 Provisions to be observed in relation to certain fixed engines during the weekly close time.

143.—(1) During the weekly close time—

• (a) a clear opening of at least four feet in width shall be made and kept free from obstruction in the traps or heads of each stake net used for catching salmon and in the eyes or gaps of each head weir used for catching salmon from the top to the bottom thereof, so as to allow the free passage of fish through them and effectually to prevent the taking of fish therein,

• (b) the netting of the leader of every bag net used for catching salmon shall be raised and kept out of the water.

• (2) If, in respect of any stake net, head weir or bag net the provisions of subsection (1) of this section are not complied with, the occupier thereof shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine of not less than ten pounds and not more than fifty pounds.

• (3) Where a person is convicted of an offence under this section, the fixed engine in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.

• (4) Nothing in this section shall be construed as rendering liable to any penalty any person who was prevented by floods, storm or stress of weather from complying with subsection (1) of this section during the continuance of such prevention.

144 Provisions to be observed in relation to salmon fishing weirs and fishing mill dams during weekly close time.

144.—(1) In this section, the expression “salmon weir” means any weir being—

• (a) a fishing weir for taking salmon, or

• (b) a fishing mill dam for taking salmon.

• (2) During the weekly close time the inscales and the heck of each box in a salmon weir shall either—

• (a) be removed, or

• (b) be opened out in such manner that a clear opening of not less than four feet in width is left open therein from the top to the bottom of the box and a free, direct and uninterrupted space of the said width is effectually secured for the passage of all fish, both up and down, through the box.

• (3) If in respect of any salmon weir the provisions of subsection (2) of this section are not complied with, the occupier thereof shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine of not less than ten pounds and not more than fifty pounds in respect of each box in such salmon weir the inscales and heck whereof are not removed or opened out as required by the said subsection (2).

• (4) Where the occupier of a salmon weir is convicted of an offence under this section, the inscales and heck of each box in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.

• (5) Nothing in subsection (4) of this section shall be construed as rendering liable to any penalty any person who was prevented by floods, storm or stress of weather from complying with subsection (2) of this section during the continuance of such prevention.

145 Penalty for scaring or obstructing free passage of salmon or trout during the weekly close time.

145.—(1) If any person scares, impedes or obstructs the free passage of salmon or trout during the weekly close time, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine of not less than two pounds and not more than ten pounds.

• (2) Where a person is convicted of an offence under this section any net or instrument used by him in the commission of the offence and any fish taken by him thereby shall, as a statutory consequence of conviction, stand forfeited.

• (3) This section shall not apply to any person who takes fish lawfully by rod and line during the weekly close time.

146 Penalty for use of nets during weekly close time.

146.—(1) If any person, during the weekly close time, does any of the following things—

• (a) places, affixes or attaches any net to any stake, bridge, sluice or lock gates of a canal or other such fixed erections, or

• (b) lays, draws or fishes with any net whatsoever, except a net being lawfully used for the taking of eels,

such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

• (2) Where a person is convicted of an offence under this section, the net in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.

147 Penalty for using boat for capture of salmon or trout during the weekly close time.

147.—(1) If any person uses any boat for the capture of salmon or trout during the weekly close time—

• (a) such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds,

• (b) if the offence is a second or any subsequent offence committed by such person, then, unless—

• (i) such person is not the owner of the boat, and

• (ii) the owner proves that the boat was used without his knowledge or consent,

the Court may order the boat to be forfeited.

• (2) This section shall not apply to the use of a boat by any person lawfully angling by rod and line.

Chapter II. Pollen.

148 Annual close season for pollen.

148.—(1) In this Act, the expression “the annual close season for pollen” means, in relation to any locality,

• (a) in case any bye-law under this Act is for the time being in force, fixing the period during which it is unlawful to take pollen in that locality, the period so fixed,

• (b) in any other case, the period commencing on the 1st day of November in any year and ending on the 31st day of January in the next following year.

• (2) The provisions set out in the Fifth Schedule to this Act shall apply in relation to bye-laws altering the annual close season for pollen.

149 Penalties for fishing for, etc. pollen during the annual close season for pollen.

149.—(1) if any person wilfully fishes for or takes or aids or assists in taking or fishing for pollen during the annual close season for pollen, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine of not less than two pounds and not more than twenty-five pounds, together with a further fine of two pounds for every pollen so taken by him.

• (2) Where a person is convicted of an offence under this section, every pollen taken by him and the fishing engine used in the commission of the offence shall, as a statutory consequence of conviction, stand forfeited.

150 Penalties for buying, etc. pollen during the annual close season for pollen.

150.—(1) If any person buys, sells, exposes for sale, or has in his custody or possession any pollen taken from any waters, during the period which is, in relation to those waters, the annual close season for pollen, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine of not less than two pounds and not more than twenty-five pounds, together with a further fine of two pounds for every such pollen so bought, sold or exposed for sale by him or so in his custody or possession.

• (2) Where a person is convicted of an offence under this section, every pollen in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.

• (3) In any proceedings under subsection (1) of this section, proof that a person bought, sold or exposed for sale or had in his custody or possession any pollen during the period which is, in relation to any waters, the annual close season for pollen shall be prima facie evidence that such pollen was taken during the period which is the annual close season for pollen in the waters from or in which such pollen may have been taken.

• (4) In this section the word “waters” includes any river, lake, estuary or any part of the sea adjacent to the coast.

Chapter III. Eels.

151 Annual close season for eels.

151.—(1) In this Act, the expression “the annual close season for eels” means, in relation to any locality,

• (a) in case any bye-law under this Act is for the time being in force fixing the period during which it is unlawful to fish for eels in that locality, other than by rod and line, the period so fixed,

• (b) in any other case, the period commencing on the 11th day of January in any year and ending on the 30th day of June next following.

• (2) The provisions set out in the Fifth Schedule to this Act shall apply in relation to bye-laws altering the annual close season for eels.

152 Restrictions on fishing for eels during annual close season for eels.

152.—(1) Every person who, during the annual close season for eels, wilfully takes or fishes for or aids or assists in taking or fishing for eels otherwise than with rod and line shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.

• (2) Where a person is convicted of an offence under this section any eel taken by him shall, as a statutory consequence of conviction, stand forfeited.

153 Penalty for placing, etc., fishing engines for taking eels in eyes, etc., of fishing weir or fishing mill dam during annual close season for eels or during daytime.

153.—(1) If any person places or hangs any fishing engine for taking eels in the eye, gap or sluice gate of any fishing weir or fishing mill dam during—

• (a) the annual close season for eels, or

• (b) the day-time within any period which is not the annual close season for eels,

then, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine of not less than ten shillings and not more than five pounds for each such engine so placed or hung.

• (2) Where a person is convicted of an offence under this section, the fishing engine in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.

• (3) Where—

• (a) a person is charged with an offence under this section, and

• (b) it is proved that at a particular time a fishing engine for taking eels was placed or was hanging in the eye, gap or sluice gate of a fishing weir or fishing mill dam, and

• (c) it is proved that such person was at that time the occupier of the fishing weir or fishing mill dam,

it shall, until the contrary is proved, be presumed that the fishing engine was so placed or hung by him.

PART X. Restrictions on Sale and Export for Sale of Salmon and Trout.

154 Definitions for purposes of Part X.

154.—In this Part—

the expression “certificate of fitness” means a certificate granted under section 158;

the word “inspector” means any person, being—

• (a) a person appointed by the Minister to be an inspector for the purposes of this Part, or

• (b) a member of the Garda Síochána, or

• (c) any person authorised by the Minister under section 22 of the Fisheries Act, 1925 (No. 32 of 1925) or section 44 of the Fisheries Act, 1939 (No. 17 of 1939);

the expression “Part X licence” means a licence being—

• (a) a salmon dealer's licence, or

• (b) a salmon exporter's licence;

the expression “salmon dealer's licence” means a licence issued under subsection (1) of section 159;

the expression “salmon exporter's licence” means a licence issued under subsection (2) of section 159.

the word “trout” includes fish commonly called or known as rainbow trout.

155 Exemption of preserved salmon and trout.

155.—This Part shall not apply in respect of salmon or trout preserved and sold in tins, bottles, jars or similar containers holding only portions of fish or products of fish.

156 Restrictions on sale, etc., of salmon and trout.

156.—(1) It shall not be lawful for any person (other than the Minister or the Electricity Supply Board) to sell, expose for sale or keep for sale at any place salmon or trout unless—

• (a) such person is the holder of a salmon dealer's licence for the time being in force, and

• (b) such place is a place at which he is authorised by that licence to sell salmon and trout.

• (2) If any person contravenes subsection (1) of this section, such person shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding ten pounds and, in the case of a second or any subsequent offence, to a fine not exceeding twenty-five pounds or at the discretion of the Court, to imprisonment for any term not exceeding three months or to both such fine and imprisonment.

• (3) If any person buys any salmon or trout from a person whom he knows or has reason to believe is selling it in contravention of subsection (1) of this section, such first-mentioned person shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

• (4) This section shall not apply to a fisherman selling fish of his own lawful capture.

157 Restrictions on export for sale of salmon and trout.

157.—(1) It shall not be lawful for any person (other than the Minister or the Electricity Supply Board) to export for sale or attempt to export for sale from any place salmon or trout unless—

• (a) (i) such person is the holder of a salmon dealer's licence for the time being in force, and

• (ii) such place is a place at which he is authorised by such licence to sell salmon and trout, or

• (b) (i) such person is the holder of a salmon exporter's licence for the time being in force, and

• (ii) such place is a place from which he is authorised by such licence to export salmon and trout.

• (2) If any person contravenes subsection (1) of this section, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds and, in the case of a second or any subsequent offence, to a fine not exceeding twenty-five pounds or, at the discretion of the Court, to imprisonment for any term not exceeding three months or to both such fine and imprisonment.

• (3) This section shall not apply to the holder of a rod licence exporting fish of his own lawful capture.

158 Certificate of fitness to hold a Part X licence.

158.—Where a person who carries on or proposes to carry on the business of selling salmon and trout or of exporting for sale salmon and trout in a particular Court District applies to a District Justice for the time being assigned to that Court District for a certificate under this section, such District Justice, if satisfied that such person is a fit and proper person to hold a Part X licence, shall grant him a certificate in writing to that effect.

159 Salmon dealers licences and salmon exporters' licences.

159.—(1) Where—

• (a) a person to whom a certificate of fitness has been granted applies, within twenty-eight days after such grant, to the board of conservators for a fishery district for the issue to him of a licence authorising him to carry on the business of selling salmon and trout at any specified place or places within such fishery district, and

• (b) there is sent with the application—

• (i) such certificate of fitness, and

• (ii) the sum of one pound, being the excise duty imposed, by section 42 of the Finance Act, 1925 (No. 28 of 1925), on a salmon dealer's licence,

then, subject to section 43 of the said Act, such board of conservators may, through its clerk, issue to such person such licence.

• (2) Where—

• (a) a person to whom a certificate of fitness has been granted applies, within twenty-eight days after such grant, to the board of conservators for a fishery district for the issue to him of a licence authorising him to carry on the business of exporting for sale salmon and trout from any specified place or places within such fishery district,

• (b) there is sent with the application—

• (i) such certificate of fitness, and

• (ii) the sum of one pound, being the excise duty imposed by subsection (1) of section 12 of the Finance Act, 1940 (No. 14 of 1940) on a salmon exporter's licence,

then, subject to subsection (4) of the said section 12, such board of conservators may, through its clerk, issue to such person such licence.

• (3) Every application for a Part X licence to a board of conservators shall—

• (a) be made in writing to the clerk of such board,

• (b) be in the prescribed form and contain the prescribed particulars.

• (4) Every Part X licence shall be in the prescribed form.

• (5) Every Part X licence shall, unless it is previously terminated, continue in force until the 31st day of December of the year in which it was issued and shall then expire.

160 Renewal of Part X licences.

160.—(1) Where—

• (a) either—

• (i) the holder of a Part X licence which is for the time being in force (either by virtue of the original issue or a renewal thereof) applies, within fourteen days before its expiration, to the board of conservators by whom the licence was issued for a renewal of the licence, or

• (ii) the holder of a Part X licence which was in force (either by virtue of the original issue or a renewal thereof) on the 31st day of December in any year applies within one month after its expiration to the board of conservators by whom the licence was issued for a renewal of the licence, and

• (b) there is sent with the application the sum of one pound (being the excise duty imposed, in case the licence is a salmon dealer's licence, by section 42 of the Finance Act, 1925, or, in case the licence is a salmon exporter's licence, by section 12 of the Finance Act, 1940),

then, subject to section 43 of the Finance Act, 1925, or to section 12 of the Finance Act, 1940 (whichever of those sections is applicable), such board of conservators may renew such licence.

• (2) Every application for the renewal of a Part X licence to a board of conservators shall—

• (a) be made in writing to the clerk of such board,

• (b) be in the prescribed form and contain the prescribed particulars.

• (3) Every renewal of a Part X licence shall be in the prescribed form.

• (4) Every renewal of a Part X licence shall (unless the licence is previously terminated) continue in force until the expiration of the calendar year for which the licence was last renewed and shall then expire.

161 Termination of Part X licences.

161.—(1) Every Part X licence shall terminate on the death of the holder thereof and on revocation by the Minister and may be terminated by surrender by the holder thereof.

• (2)
• (a) If the holder of a Part X licence is convicted of an offence under the repealed enactments or an offence under any provision of this Act, the Minister may, within three months after such conviction, revoke the licence.

• (b) Before revoking a Part X licence under paragraph (a) of this subsection the Minister shall send by registered post to the holder thereof and to the board of conservators by whom it was issued fourteen days' notice of his intention to consider the revocation of the licence and shall consider any representations which may be made to him by such holder or board before the expiration of the notice.

• (3) References in this section to a Part X licence shall be construed as including references to a renewal thereof.

162 Publication of Part X licences.

162.—(1) (a) Every holder of a Part X licence and any renewal thereof shall cause such licence or renewal to be displayed prominently in the place or one of the places to which such licence relates during business hours, and if such licence or renewal relates to more than one place shall cause a copy of such licence or renewal to be so displayed in all such places other than the place in which such licence or renewal is so displayed.

• (b) If the holder of a Part X licence fails to comply with paragraph (a) of this subsection, such holder shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

• (2) Lists of persons holding Part X licences shall be published at such times and places and in such manner and form as the Minister may from time to time direct.

163 Registers to be kept by holders of Part X licences.

163.—(1) It shall be the duty of every holder of a salmon dealer's licence—

• (a) to keep or cause to be kept at each place to which the licence relates a register in the prescribed form of all purchases and receipts of salmon or trout at or for sale at such place and of all sales, exportations, disposals and removals of salmon or trout made at or from such place, and

• (b) within six hours after any such purchase or receipt and within three hours after any such sale, exportation, disposal or removal, to enter in such register the prescribed particulars (which shall not include the price paid by such holder for any salmon or trout purchased, received or sold by him) of such purchase, receipt, sale, exportation, disposal or removal (as the case may be) and of the person from whom such salmon or trout were purchased or received or to whom such salmon or trout were sold, exported or disposed of, or the place to which such salmon or trout were removed (as the case may require).

• (2) It shall be the duty of every holder of a salmon exporter's licence—

• (a) to keep or cause to be kept at each place to which the licence relates a register in the prescribed form of all exportations of salmon and trout from such place, and

• (b) within three hours after every such exportation, to enter in such register the prescribed particulars (which shall not include the price paid by him for any salmon or trout exported by him) of such exportation and of the name of the person to whom the same was made.

• (3) Every register kept in pursuance of this section may at any time during which the premises to which the register relates are open for the carrying on of business be inspected by any inspector, and it shall be the duty of the licence holder and of every person keeping such register to produce for the inspection of such inspector on demand such register and also all invoices, consignment notes, receipts and other documents (including copies thereof where the originals are not available) reasonably demanded by such inspector for the purpose of verifying any entry in or explaining any omission from such register.

• (4) If any holder of a Part X licence—

• (a) fails to keep or cause to be kept such register as is required by this section, or

• (b) fails to make or cause to be made in such register within the time hereinbefore mentioned any entry required by this section to be made therein, or

• (c) fails to produce or cause to be produced on demand for the inspection of any inspector, any register, document, or copy of a document which he is required by this section so to produce, or obstructs any inspector in the making of such inspection, or

• (d) wilfully or negligently makes or causes to be made in such register any entry which is false or misleading in any material particular,

he shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first offence under this section, to a fine not exceeding ten pounds or, in the case of a second or any subsequent offence under this section, to a fine not exceeding twenty-five pounds.

• (5) For the purposes of this section—

• (a) inspection of a register or document shall include taking copies thereof or extracts therefrom, and

• (b) a demand for inspection of a register or other document shall be deemed to have been duly made to the licence holder if such demand is made verbally on the premises of the licence holder to any person in his employment, and

• (c) a refusal or failure to produce a register or other document for inspection if made or committed on the premises of the licence holder by a person in his employment shall be deemed to have been made or committed by the licence holder,

• (d) references to a salmon dealer's licence, a salmon exporter's licence or a Part X licence shall be construed as including references to any renewal thereof.

PART XI. Miscellaneous Provisions Inrelation to Salmon and Fresh-Water Fisheries.

Chapter I. Prohibition of Certain Methods of Fishing for, and of Practices Liable to Destroy Salmon and Other Fish.

164 Penalty for using deleterious matter for capture, etc., of fish or having possession of deleterious matter with intent to use it in capture etc., of fish.

164.—(1) Any person who—

• (a) uses in any waters any deleterious matter for the capture, destruction or injury of fish, or

• (b) has in his possession or control on the bank of or near any waters any deleterious matter with intent to use it in the capture, destruction or injury of fish,

shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds or at the discretion of the court to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

• (2) Where a person is convicted of an offence under this section any deleterious matter found in his possession or control in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.

165 Penalties for using, etc. light or fire for purpose of taking fish.

165.—(1) If, for the purpose of taking any fish, any person uses or has in his possession or control in any lake, river or estuary or on or near the banks thereof any light or fire of any kind, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds or at the discretion of the court to imprisonment for any term not exceeding twelve months.

• (2) Where a person is convicted of an offence under this section, the means or materials by which there was produced the light or fire in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.

166 Penalty for using etc. certain instruments for purpose of taking fish.

166.—(1) In this section the expression “instrument to which this section applies” means any otter, spear, strokehaul, gaff or other instrument of a similar kind.

• (2) If, for the purpose of taking any fish, any person uses or has in his possession or control in any lake, river, or estuary or on or near the banks thereof any instrument to which this section applies, such person shall, subject to subsection (3) of this section, be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds or, at the discretion of the court, to imprisonment for any term not exceeding twelve months.

• (3) Subsection (2) of this section shall not apply to the use, possession or control of—

• (a) a gaff used or to be used solely as an auxiliary to lawful angling between sunrise and one hour after sunset, or

• (b) a gaff used or to be used by the holder of a fishing licence in respect of any box in a fishing weir or fishing mill dam solely for the purpose of lawfully removing fish therefrom, or

• (c) an eel spear used for taking eels.

• (4) Where a person is convicted of an offence under this section any instrument (being an instrument to which this section applies) in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.

167 Penalty for fishing for salmon or trout in a river by cross lines.

167.—If any person takes, catches or fishes for any salmon or trout by means of cross lines in any river, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

168 Penalty for taking salmon or trout in eel weir.

168.—If the owner or occupier of any eel weir takes or suffers to be taken therein any salmon or trout, such owner or occupier shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

169 Penalty for damming, etc. river or mill race for purpose of taking salmon or trout.

169.—If any person dams, teems or empties any river or mill race for the purpose of taking or destroying any salmon or trout, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

170 Penalties for taking fish unlawfully killed or found dead.

170.—(1) Every person who by any means removes or causes to be removed from any river or lake—

• (a) any salmon or trout which shall not have been killed by lawful means, or

• (b) any salmon or trout which shall have been found dead, from any cause whatever, by such person,

shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine of not less than ten pounds and not more than twenty-five pounds, or, at the discretion of the Court, to imprisonment for any term not less than six months and not more than twelve months.

• (2) This section shall not apply to—

• (a) any person acting under the authority of the Minister, or

• (b) any officer of a board of conservators acting under the instructions of that board, or

• (c) any owner of a fishery or his agent acting under the written authority of a board of conservators, or

• (d) so far as respects the removal or causing to be removed of any diseased salmon or trout, or any salmon or trout found dead from any cause, any member of the Garda Síochána or any Sanitary Officer.

Chapter II. Protection of Fishing Waters from Poisoning and Pollution.

171 Penalty for steeping flax or hemp in waters or throwing, etc. deleterious matter into waters.

171.—(1) Any person who—

• (a) steeps in any waters any flax or hemp, or

• (b) throws, empties, permits or causes to fall into any waters any deleterious matter,

shall, unless such act is done under and in accordance with a licence granted by the Minister under this section, be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds or at the discretion of the court to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

• (2) Where a person is convicted of an offence under this section any flax or hemp found in waters in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.

• (3) The Minister, after consultation with the Minister for Industry and Commerce or (in the case of a licence to be granted to a sanitary authority in relation to a sewerage scheme) with the Minister for Local Government, may grant licences for the purposes of this section, may attach conditions to any licence, and may after like consultation revoke any licence.

172 Protection of waters from pollution.

172.—(1) In this section, the expression “deleterious liquid” means any deleterious or poisonous liquid or washings or drainage from any deleterious matter.

• (2) Where any receptacle used for containing or conveying any deleterious matter is within thirty yards of any waters—

• (a) the owner of that receptacle shall provide and maintain such means (in this subsection referred to as suitable means) as will effectively prevent the passage of any deleterious liquid from that receptacle into such waters,

• (b) if the owner thereof fails to carry out the duty imposed on him by paragraph (a) of this subsection, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds for each day during which such failure continues,

• (c) where the Minister is satisfied that suitable means have been provided in relation to that receptacle, he may, on the application of the owner thereof, issue to him a certificate (which shall remain in force for such period as may be specified therein) and such certificate shall specify the suitable means and the manner in which they are to be used,

• (d) if—

• (i) the owner thereof is charged with an offence under this section in relation to that receptacle, and

• (ii) he proves that a certificate in respect of that receptacle was issued under paragraph (c) of this subsection and that since the issue of the certificate the suitable means specified therein remained available and had been used in the manner specified therein, and

• (iii) the certificate was in force on the date on which the offence is alleged to have been committed,

then the charge shall be dismissed.

Chapter III. Protection of Young and Breeding Fish.

173 Penalty for taking, etc., spawn, smolts or fry of salmon, trout or eels.

173.—(1) If any person—

• (a) wilfully takes, sells, purchases, or has in his possession the spawn, smolts or fry of salmon, trout, or eels, or

• (b) wilfully obstructs the passage of the smolts or fry of salmon, trout or eels, or

• (c) injures or disturbs the spawn or fry of salmon, trout or eels, or

• (d) injures or disturbs any spawning bed, bank or shallow where the spawn or fry of salmon, trout or eels may be,

such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

• (2) Where a person is convicted of an offence under this section any fishing engine or device used in the commission of the offence shall, as a statutory consequence of conviction, stand forfeited.

174 Penalty for chasing, etc., spawning fish.

174.—(1) If any person chases, injures or disturbs spawning fish or fish on the spawning beds or attempts (except by means of lawful angling with rod and line) to catch fish thereon, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

• (2) Where a person is convicted of an offence under this section, any engine used in the commission of the offence shall, as a statutory consequence of conviction, stand forfeited.

175 Penalty for taking, etc., undersized pollen.

175.—(1) In this section, the expression “undersized pollen” means pollen of less size than eight inches in length, measured from the nose to the utmost extent of the tail.

• (2) If any person wilfully takes, kills, destroys, buys, sells, exposes for sale, sends or has in his custody or possession any undersized pollen, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one shilling for each undersized pollen in relation to which the offence is committed.

• (3) Where a person is convicted of an offence under this section, each undersized pollen in relation to which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.

176 Penalties for taking, etc., unseasonable salmon or trout.

176.—(1) If any person takes, kills or destroys any unseasonable salmon or trout, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds and an additional fine not exceeding two pounds for each such salmon or trout taken, killed or destroyed by him or, at the discretion of the Court, to imprisonment for any term not exceeding six months.

• (2) Where a person is convicted of an offence under this section, any salmon or trout in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.

• (3) Where a person is charged with taking a salmon or trout in contravention of this section it shall be a good defence to prove that such salmon or trout was taken accidentally, and was returned without avoidable injury to the water immediately upon being taken.

177 Prohibition of export of unseasonable salmon.

177.—(1) If any person exports or attempts to export any unseasonable salmon, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds for each salmon so exported or attempted to be exported.

• (2) Where a person is convicted of an offence under this section, any salmon in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.

Chapter IV. Protection of Private Fisheries.

178 Penalty for unauthorised entry on several fishery.

178.—If any person (not being authorised by the owner or occupier of a several fishery) enters into or upon such several fishery for the purpose or under the pretence of killing fish therein or taking fish therefrom or kills any fish therein or takes any fish therefrom, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine of not less than ten shillings and not more than five pounds.

179 Penalty for fishing with nets in a several fishery without licence of owner.

179.—(1) If any person uses or fishes with any net within the limits of a several fishery without authority in writing from the owner or occupier of such fishery, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

• (2) Where a person is convicted of an offence under this section, any net in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.

180 Penalty for unauthorised fishing in private ponds.

180.—If any person kills, takes or destroys any fish in any pond, private canal or reservoir wherein he has no property without the authority of the owner of such pond, private canal or reservoir, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

181 Penalty for entering without permission lands for purposes of fishing.

181.—If any person enters on any land for the purpose or under the pretence of fishing in any water without authority in writing from the owner or occupier of such land, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding two pounds.

Chapter V. Other Provisions.

182 Penalties for purchasing, selling, etc., or having in possession salmon or trout which are unseasonable or unlawfully captured.

182.— (1) (a) If any person purchases, sells, exposes for sale, keeps for sale or has in his possession or control any unseasonable salmon or trout, such person shall be guilty of an offence under this subsection.

• (b) Where a person, being a common carrier, is charged under this subsection with the offence of having in his possession or control any unseasonable salmon or trout, it shall be a good defence to such charge to prove that he had such salmon or trout in his possession as a common carrier and not otherwise.

• (2)
• (a) If any person purchases, sells, exposes for sale, keeps for sale or has in his possession or control any salmon or trout unlawfully captured, such person shall be guilty of an offence under this subsection.

• (b) In any proceedings under this subsection against a person, the onus of proving that the salmon or trout, the subject of such proceedings, was lawfully captured shall lie on such person.

• (c) Where a person being a common carrier, is charged under this subsection with the offence of having in his possession or control any salmon or trout unlawfully captured, it shall be a good defence to such charge for such person to prove—

• (i) that he had such salmon or trout in his possession or control as a common carrier and not otherwise, and

• (ii) that at the time when such salmon or trout was accepted by him for carriage, the consignor thereof delivered to him a certificate in such form as the Minister may from time to time direct signed by such consignor or by a person authorised by him in that behalf to the effect that such salmon or trout was lawfully captured.

• (d) Where—

• (i) a person is charged with an offence under this subsection in relation to a salmon, and

• (ii) he proves that the salmon was captured by rod and line at a particular place during a period other than the annual close season for angling for salmon at that place, and

• (iii) he proves that the salmon was captured by the holder of a licence to fish with rod and line for salmon, and

• (iv) he proves that otherwise the salmon was lawfully captured,

the charge against that person shall be dismissed.

• (e) Where—

(i)a person is charged with an offence under this subsection in relation to a trout, and