Fisheries (Consolidation) Act, 1959

Penalties for buying, etc., salmon or trout during the annual close season for salmon and trout.

134.—(1) If any person buys, sells, exposes for sale, or has in his custody or possession any salmon or trout taken from any waters, during the period which is, in relation to those waters, the annual close season for salmon and trout, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine of not less than two pounds and not more than twenty-five pounds, together with a further fine of two pounds for every such salmon or trout so bought, sold or exposed for sale by him or so in his custody or possession.

(2) Where a person is convicted of an offence under this section, every salmon or trout in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.

(3) In any proceedings under subsection (1) of this section, proof that a person bought, sold or exposed for sale or had in his custody or possession any salmon or trout during the period which is, in relation to any waters, the annual close season for salmon and trout, shall be prima facie evidence that such salmon or trout was taken during the period which is the annual close season for salmon and trout in the waters from or in which such salmon or trout may have been taken.

(4) Where—

(a) a person is charged with an offence under this section in relation to a salmon or trout, and

(b) such person proves that the salmon or trout was caught by rod and line in a particular place and at a particular time, and

(c) the capture of salmon or trout by rod and line in that place and at that time was lawful,

the charge against such person shall be dismissed.