First Previous (Chapter V. Dams and Natural Obstructions.) Next (Chapter II. Pollen.)

14 1959

FISHERIES (CONSOLIDATION) ACT, 1959

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.