71Restriction on use of nets in fresh water.N.I.
(1)Save as is permitted by or under subsection (2), it shall not be lawful for any person to use any net in the freshwater portion of any river or in any lake.
(2)Subsection (1) shall not apply to—
(a)the use of a landing net or keep net solely as auxiliary to lawful fishing with rod and line;
(b)the lawful use of a net solely for the purpose of removing fish from traps in a fishing weir;
(c)the lawful use of a fixed engine under section 73;
(d)the lawful use in a several fishery of draft nets for the taking of salmon or trout where such nets were lawfully used during the open fishing season of one or more of the five years immediately preceding 1st January,[F1 1972];
(e)the lawful use of draft nets for the capture of salmon or trout in any lake by members of the public who depend on such netting as a means of livelihood where—
(i)such nets are so used with the consent of every owner of a several fishery in that lake; and
(ii)such nets were so used with such consent or as of right by any such members of the public within the period of[F1 eighteen years immediately preceding 1st January 1986];
(f)the lawful use of nets for the taking of eels—
(i)in or in the vicinity of an eel weir; or
(ii)in accordance with regulations made under section 15;
(g)the lawful use, in accordance with [F2regulations] , of nets for the taking of fish other than salmon, trout or eels.
(3)If any person uses a net in contravention of this section he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [F3 £500] or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.
(4)In this section, “trout” does not include pollen.
F2S. 71(2)(g): 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)