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Sea Fish Industry Act 1938

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This is the original version (as it was originally enacted).

54Increase of certain penalties

(1)The maximum penalty for refusing to allow a fishery officer to exercise the powers conferred upon him by the principal Act, or for resisting or obstructing any such officer in the performance of his duty, shall be fifty pounds and, accordingly, in subsection (3) of section six of the principal Act for the word " five " there shall be substituted the word " fifty. "

(2)Without prejudice to the operation of the last preceding section, any person who contravenes any bye-law made, whether before or after the commencement of this Act, by a local fisheries committee shall be liable on summary conviction to a fine not exceeding fifty pounds or, in the case of a second or any subsequent conviction, to a fine not exceeding one hundred pounds.

(3)Section three of the principal Act (which relates to penalties and forfeitures for the contravention of byelaws) is hereby repealed, and so much of any byelaw made by a local fisheries committee as imposes penalties or forfeitures on persons contravening byelaws so made shall be deemed to have been revoked, and subsection (2) of section six of the principal Act shall have effect as if in paragraph (c) of that subsection for the words " liable to be forfeited in pursuance" there were substituted the words " taken or used in contravention ".

(4)The maximum fine under subsection (3) of section seven of the Sea Fisheries Act, 1883, (which section relates to foreign sea-fishing boats entering within exclusive fishery limits) shall be, in the case of a first offence fifty pounds, and in the case of a second or any subsequent offence one hundred pounds, and accordingly in the said subsection (3) for the words " ten" and " twenty" there shall be substituted respectively the words " fifty " and " one hundred."

(5)His Majesty may by Order in Council extend the provisions of the last preceding subsection and of section five of the Fisheries Act, 1891, to the Channel Islands.

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