Fisheries Act, 1939

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Possession of nets in or near fresh water.

36.—(1) It shall not be lawful for any person to have in his possession or control in, or in the vicinity of, the fresh water portion of any river or any lake any net constructed or mounted so as to be capable of being used for the capture of fish unless the user of such net in the fresh water portion of such river or in such lake would come within any one or more of the matters of exception mentioned in sub-section (1) of the immediately preceding section.

(2) If any person acts in contravention of this section such person 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.

(3) Where—

(a) a person is found in possession of or has in his control a net in the vicinity of the boundary between the tidal and freshwater portions of any river, and

(b) by reason thereof 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.