(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.]
F5Words in s. 179(3)(b)(i) substituted (1.6.2008) by Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 (S.I. 2007/915 (N.I. 9)), arts. 1(3), 34(1), Sch. 2 para. 2(11)(a) (with art. 32); S.R. 2008/232, art. 2, Sch.
F6S. 179: word in Act substituted (1.6.2009) by Public Authorities (Reform) Act (Northern Ireland) 2009 (c. 3), ss. 1(3)(b), 7(1), Sch. 1 Pt. 2 para. 3(1)(c) (with Sch. 1 Pt. 1 para. 4(3)); S.R. 2009/172, art. 2(a)(b)
F8S. 179(5) added (1.6.2008) by Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 (S.I. 2007/915 (N.I. 9)), arts. 1(3), 34(1), Sch. 2 para. 2(11)(b) (with art. 32); S.R. 2008/232, art. 2, Sch.