Fisheries Act, 1939

Restriction on possession of illegal net, etc.

24.—(1) No person shall have in his possession or control in any lake, river, or estuary or in any part thereof or on or near the banks of any lake, river, or estuary or of any particular part thereof any net or other instrument or lure or bait the use of which in such lake, river, or estuary or such particular part thereof (as the case may be) for the purpose of taking salmon, trout, or other fish is unlawful.

(2) Any person who shall have 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 under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds or, at the discretion of the Court, to imprisonment for any term not exceeding twelve months and shall forfeit such net, or other instrument, or lure or bait.

(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 or lake, 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 in such tidal waters and that such net is intended for use in such tidal waters.