Fisheries Act (Northern Ireland) 1966

179 Persons using, etc., fishing engines to produce fishing licence therefor on demand. N.I.

(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) [F4 within 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 [F5 fishing 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 [F6 regulations] 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.]

F1 1968 c.31 (NI)

F2 1968 c.31 (NI)

F3 1968 c.31 (NI)

F4 1991 NI 13

F5 Words 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.

F6 S. 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)

F7 1981 NI 7

F8 S. 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.