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14 1959

FISHERIES (CONSOLIDATION) ACT, 1959

Chapter III.

Protection of Young and Breeding Fish.

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.

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.

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.

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.

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.