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Fisheries Act (Northern Ireland) 1966

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179Persons using, etc., fishing engines to produce fishing licence therefor on demand.N.I.

(1)If any person using [F1 at any place] a fishing engine for which a licence is required under this Act, or having such a fishing engine erected or in fishing order …F2 in his possession in or near any fishing place …F2 fails on demand to produce to an authorised person a fishing licence [F3 by or by virtue of which he is authorised to use that fishing engine at that place], he shall be guilty of an offence.

(2)Where a person is charged with an offence under this section consisting of a failure to produce a fishing licence for a fishing engine to which subsection (1) applies, being a fishing engine in his possession, it shall be a good defence to prove that he had the fishing engine in his possession as a manufacturer or seller thereof and not for the purpose of using it.

(3)A person shall not be charged with an offence under this section consisting of a failure to produce a fishing licence for a fishing engine in any of the circumstances referred to in subsection (1) 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)[F4within five 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 [F5fishing licence] authorising the first-mentioned person to use the fishing engine at that place and time [F1 or, if the fishing engine is a rod and line which he was using to fish for fish of any kind, and by reason of his age he was at that time exempted by [F6regulations] made under section 37( f) from the requirement to hold a fishing licence for a rod and line to fish for fish of that kind, evidence of his age]; and

(ii)evidence of the identity of the first-mentioned person.

F1[(4)A person who is guilty of an offence under subsection (1) by reason of a contravention of that subsection which consists only of the use or possession of a rod and line shall be liable on summary conviction to a fine not exceeding [F7 £200.]]

[F8(5)In this section “fishing licence” means a fishing licence issued under Part III or a fishing licence issued by the Foyle, Carlingford and Irish Lights Commission under regulations made by the Commission under the Foyle Fisheries Act (Northern Ireland) 1952.]

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