If any person—
(a)makes use of or fishes with any net formed with a false bottom (except nets for the taking of eels), or
(b)places two or more nets one behind the other, or
(c)uses any nets covered with canvas, hide, or other substance for the purpose of taking small fish, or
(d)affixes or keeps up continued nets stretched across any river,
he shall be guilty of an offence against this Act.
(1)If, on any part of the coast or within any bay, estuary or tideway thereof, any person uses any net to which this section applies with a mesh of less size than one and three-quarter inches from knot to knot, to be measured along the side of the square, or seven inches to be measured all round each such mesh, such measurement being taken in the clear when the net is wet, then, subject to sub-section (2) of this section, he shall be guilty of an offence against this Act.
(2)The Commission may by regulation under section thirteen permit the use of nets to which this section applies having meshes of a less size than that specified in sub-section (1) of this section.
(3)In this section the expression “net to which this section applies” means any net or other engine which is not formed of a rigid material and which is used for the taking of salmon.
(1)If any person (other than the owner of a several fishery within the limits thereof) shoots, draws, or uses any net for taking salmon at the mouth of any river or within half a mile seaward or half a mile inwards or along the coast from the mouth of any river, he shall be guilty of an offence against this Act.
(2)If any person shoots, draws, or stretches any net entirely across the mouth or across any other part of a river, he shall be guilty of an offence against this Act.
(3)Where regulations under this Act define the mouth of any tributary river, references in this section to the mouth of any river shall be construed as including references to the mouth of that tributary river.
(1)No person shall have in his possession or control in any river or on or near the banks of any river any net or other instrument or lure or bait the use of which for the purpose of taking salmon, trout or other fish is unlawful.
(2)Any person who has in his possession or control any net or other instrument or lure or bait in contravention of this section shall be guilty of an offence against this Act.
(3)Where—
(a)a person is found in possession of or has in his control any net in the vicinity of the boundary between the tidal and freshwater portions of any river, and
(b)by reason thereof such person is charged with an offence under this section,
it shall be a good defence to such charge for such person to prove that he is the holder of a licence to use such net and that such net is intended for use in such tidal portion.
(1)If any person uses in any waters any deleterious matter for the capture, destruction or injury of fish he shall be guilty of an offence against this Act.
(2)If any person being on the bank of or near any waters has in his possession or under his control any deleterious matter he shall be guilty of an offence against this Act.
(3)It shall be a good defence to a charge under sub-section (2) for the defendant to prove that the deleterious matter was in his possession or under his control for an innocent purpose.
(4)Every person guilty of an offence under this section shall be liable—
(a)on summary conviction, to a fine not exceeding[F2 £100], or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment;
(b)on conviction on indictment to[F2 an unlimited fine] or to imprisonment for a term not exceeding two years or to both such fine and such imprisonment.
Subs. (5) rep. by 1996 NI 24
(1)Subject to sub-section (2), if any person causes or knowingly permits any deleterious matter to enter any river he shall be guilty of an offence against this Act and shall be liable
[F4(a)on summary conviction, to a fine not exceeding the statutory maximum;
(b)on conviction on indictment, to a fine or to imprisonment for a term not exceeding 2 years or to both.]
[F4(1A)If in the case of a continuing offence under subsection (1), the offender continues to contravene that subsection, he shall be guilty of a further offence and shall be liable on summary conviction to an additional fine not exceeding one-twentieth of level 5 on the standard scale for each day on which the offence is continued.]
(2)Nothing in sub-section (1) shall operate to penalise—
Para. (a) rep. by 1966 c. 17 (NI)
(b)the discharge by any person of any dye stuff or other trade effluent which he proves is not in a state harmful to fish or other live animals.]
[F5(3)Where a person (in this section referred to as “the person convicted”) has been convicted of an offence under subsection (1), the Commission]
(a)after consulting the owner of the fishing rights in the waters affected by the pollution; or
(b)without such consultation if the[F5 Commission], upon making reasonable enquiries, is unable to ascertain the name and address of the owner,
may—
(i)carry out such restocking to restore the fish population of the waters as is reasonable in the circumstances, and
(ii)recover the cost thereof from the person convicted.
(4)Any question as to—
(a)the reasonableness of any restocking to be undertaken under paragraph (i) of subsection (3); or
(b)the costs to be recoverable under paragraph (ii) of that subsection,
shall be referred to arbitration under and in accordance with the provisions of the Arbitration Act (Northern Ireland) 1937.
(5)Nothing in this section shall affect any right of the owner of fishing rights in the waters affected by the pollution to bring civil proceedings against the person convicted; but in assessing damages in any such proceedings the court shall take into account the value of any restocking carried out by the[F5 Commission] under subsection (3).
[F5(6)Subsection (5) applies in relation to any such right vested in the Commission.]
(1)If, for the purpose of taking any fish, any person uses or has in his possession or control in any river or on or near the banks thereof any light or fire of any kind, he shall be guilty of an offence against this Act.
(2)If, for the purpose of taking any fish, any person uses or has in his possession or control in any river or on or near the banks thereof, any otter, [F6 tailer or snare,] spear, strokehaul, gaff or other instrument of a similar kind, he shall, subject to sub-section (3) of this section, be guilty of an offence against this Act.
(3)Sub-section (2) of this section shall not apply to the use, possession or control of—
(a)a gaff [F6 or tailer] used or to be used solely as an auxiliary to lawful angling between sunrise and one hour after sunset, or
(b)a gaff [F6 or tailer] used or to be used by the holder of a fishing licence in respect of any box in a fishing weir or fishing mill dam solely for the purpose of lawfully removing fish therefrom, or
(c)an eel spear used for taking eels.
(4)Every person guilty of an offence under sub-section (1) or (2) of this section shall be liable on summary conviction thereof to a fine not exceeding[F7 level 3 on the standard scale] or to imprisonment for any term not exceeding [F8 six] months or to both such fine and such imprisonment.
If any person takes, catches or fishes for any salmon or trout by means of cross lines in any river, he shall be guilty of an offence against this Act.
If any person dams, teems or empties any river or water-course for the purpose of taking or destroying any salmon or trout, such person shall be guilty of an offence against this Act.
(1)Every person who by any means removes or causes to be removed from any river—
(a)any salmon or trout which have been killed otherwise than by lawful means, or
(b)any salmon or trout which have been found dead, from any cause whatever, by such person,
shall be guilty of an offence against this Act.
(2)This section shall not apply to—
(a)any person acting under the authority of the Ministry, or
(b)any member or officer of the Commission, or
(c)any owner of a fishery or his agent acting under the written authority of the Commission, or
(d)so far as respects the removal or causing to be removed of any diseased salmon or trout, or any salmon or trout found dead from any cause, any member of the Royal Ulster Constabulary or any sanitary officer.
If any person—
(a)wilfully takes, sells, purchases, or has in his possession the spawn, smolts or fry of salmon or trout, or
(b)wilfully obstructs the passage of the smolts or fry of salmon or trout, or
(c)injures or disturbs the spawn or fry of salmon or trout, or
(d)injures or disturbs any spawning bed, bank or shallow where the spawn or fry of salmon or trout may be,
he shall be guilty of an offence against this Act.
If any person disturbs fish on the spawning beds or attempts (except by means of lawful angling with rod and line) to catch fish thereon, he shall be guilty of an offence against this Act.
(1)Every person who at any time wilfully takes, kills, destroys, buys, sells, exposes for sale or has in his custody or possession any unclean or unseasonable salmon or trout, shall be guilty of an offence against this Act and shall be liable on summary conviction thereof to a fine not exceeding[F9 level 3 on the standard scale] or to imprisonment for any term not exceeding [F10 six] months or to both such fine and such imprisonment.
(2)Where a person is charged with taking a salmon or trout in contravention of this section it shall be a good defence to prove that such salmon or trout was taken accidentally, and was returned without injury to the water immediately upon being taken.
If any person obstructs any person lawfully engaged in fishing or in proceeding to or in returning from lawful fishing, such first-mentioned person shall be guilty of an offence against this Act.
If any person wilfully and maliciously places any fishing engine with intent to prevent fish from entering the nets of any other person set and placed in a lawful manner such first-mentioned person shall be guilty of an offence against this Act.
If any person gives or causes to be given or aids or assists in giving any signal or warning to any person engaged in fishing unlawfully of the approach of any member or officer of the Commission, member of the Royal Ulster Constabulary or river watcher appointed under section fifty-five, he shall be guilty of an offence against this Act.
(1)If any person uses a boat or vehicle as an aid to the commission of an offence against this Act or, within the Foyle Area[F12 or the Carlingford Area], against the provisions of the Fisheries Acts or the corresponding law of the Republic of Ireland he shall be guilty of an offence against this Act.
(2)Every person guilty of an offence under this section shall be liable—
(a)on summary conviction, to a fine not exceeding[F13 level 3 on the standard scale], or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment;
(b)on conviction on indictment, to[F13 an unlimited fine] or to imprisonment for a term not exceeding two years or to both such fine and such imprisonment.
(3)If the offence under this section is committed in respect of a vehicle section seventy-five of this Act shall not apply in relation to the vehicle, but …F14 the court [F15 by which the person is sentenced] may order the vehicle to be forfeited.]
(1)Any fishery owner may by power of attorney under his hand appoint an agent to act for him for the purposes of this Act.
(2)All things which by this Act are directed to be done by or with relation to any person may be lawfully done by or with relation to an agent appointed by him under this section and the agent may be dealt with in all respects as that person himself might have been dealt with under this Act.
(3)Every agent appointed under this section shall have full power, in the name and on behalf of his principal, to take part in or act upon any inquiry, or prosecute, oppose or defend any complaint, appeal, action, writ, suit or other proceeding or to attend, vote at and take part in any meeting or do or suffer any other act for the purposes of this Act.
(4)Every person who appoints an agent under this section shall be bound by the acts of the agent, according to the authority committed to him, as fully as if that person had so acted.
(5)Every power of attorney under this section shall be produced, inspected or registered and copies and extracts thereof made at such times and places and in such manner as the Commission may prescribe.
(6)A power of attorney under this section may be in the following form—
“I, A. B. of .................... .................... .................... .................... .................... .................... .................... .................... .................... .................... .................... ....................
hereby appoint C. D. of .................... .................... .................... .................... .................... .................... .................... .................... .................... .................... ....................
to be my lawful attorney to act for me in all respects as if I myself were present and acting, and I make this appointment under the Foyle Fisheries Act (Northern Ireland), 1952.
Dated this .................... .................... .................... .................... day of .................... .................... .................... .................... ...................., 19.................... ....................
(Signed) A. B.”
(7)Where a person is convicted of an offence against this Act, he shall thereafter be disqualified from being appointed an agent under this section for a period of seven years from the date of conviction.