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14 1959

FISHERIES (CONSOLIDATION) ACT, 1959

Chapter III.

Eels.

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.

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.

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.