PART VREGULATION OF FISHING FOR SALMON, EELS AND FRESHWATER FISH

Other provisions

88Taking salmon or trout unlawfully killed or found dead.

1

A person who by any means removes or causes to be removed from any waters—

a

any salmon or trout which has been injured or killed otherwise than by lawful means; or

b

any salmon or trout which has been found dead, from any cause whatever, by that person;

shall be guilty of an offence.

2

Subsection (1) shall not apply to any of the following persons—

a

any person acting under the authority of the Ministry; or

b

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

any owner of a fishery in those waters; or

d

any agent of the owner of a fishery in those waters; or

e

any member of the Royal Ulster Constabulary; or

f

[F2 any person acting under the authority of a district council].F3 or

F3g

any private water bailiff appointed to protect those waters.

3

Where a person is charged with an offence under this section in respect of any fish it shall be a good defence to prove that he removed the fish from any waters, or caused it to be so removed, solely for the purpose of delivering it to a person designated in any of paragraphs ( a) to ( f) of subsection (2), and that he did so deliver it before being required to do so by any such person.