[F135BExceptions, defences, etc. in relation to offences under section 35AN.I.
(1)Subsections (1) and (2) of section 35A do not apply in relation to anything which a person is expressly empowered to do under any provision made by or under this Act or any other statutory provision.
(2)Nothing in section 35A applies to a person—
(a)who fishes lawfully by rod and line in a production pond at a licensed area (within the meaning of section 52X(1)); or
(b)who has for that purpose in his possession a rod or line at or near a licensed area.
(3)In subsection (2) “production pond” means a pond—
(a)used for the artificial propagation and culture of fish; and
(b)designated by the Commission for the purposes of this subsection as a production pond in an aquaculture licence.
(4)Where a person is charged under section 35A with an offence which consists of taking fish which he is not licensed to take, it shall be a good defence for him to prove that—
(a)at the time when that fish was taken, he was engaged in lawfully fishing for another kind of fish; and
(b)that the first-mentioned fish was taken unintentionally and, immediately upon being taken, was returned to the water without any avoidable injury.
(5)Where a person is charged under section 35A with an offence which consists of—
(a)having a fishing engine in his possession as mentioned in subsection (2) of that section; or
(b)a failure to produce a fishing licence for a fishing engine in any of the circumstances referred to in subsection (4) of that section,
it shall be a good defence for him to prove that he had the fishing engine in his possession as manufacturer or seller of the fishing engine and not for the purpose of using it.
(6)A person shall not be charged with an offence under section 35A consisting of failure to produce a fishing licence for a fishing engine in any of the circumstances referred to in subsection (4) of that section if upon demand being made by an authorised person for the production of a fishing licence under that subsection, the first mentioned person—
(a)then and there gives to the authorised person his name and address and any evidence of his identity then available and also gives a reasonable explanation of his failure to produce the fishing licence at that time; and
(b)within 5 days thereafter, and in accordance with any reasonable requirement then communicated to him by the authorised person, produces to the authorised person or to any other person designated by him—
(i)a fishing licence authorising him to use the fishing engine at that place and time; and
(ii)evidence of his identity.]
F1Ss. 35A, 35B and preceding cross heading inserted (1.6.2008) by Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 (S.I. 2007/915 (N.I. 9)), arts. 1(3), 11 (with art. 32); S.R. 2008/232, art. 2, Sch.