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Provisions in relation to herring and other nets.
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238.—(1) If, during the daytime, any person—
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(a) sets, either in the sea or in the tideway of any estuary, any net for the catching of herrings or any trammel net, or
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(b) leaves any drag or other net in the water,
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such person shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.
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(2) (a) If any person who has during the period between sunset and sunrise set, either in the sea or in the tideway of any estuary, any such net as is mentioned in subsection (1) of this section does not before sunrise haul up and remove such net, such person shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding five pounds.
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(b) Where a person is charged with an offence under this subsection, it shall be a good defence to prove that he was prevented by sudden storm or stress of weather from hauling up and removing the net in relation to which the offence is charged.
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(3) Where a person is convicted of an offence under subsection (1) or (2) of this section, any net in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.
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(4) Neither subsection (1) nor subsection (2) of this section shall apply to—
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(a) any fixed engine for the catching of salmon, or
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(b) any seine net, or
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(c) any drift net for the catching of pilchards or fish other than herrings, or
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(d) any net, if and in so far as the use thereof is authorised by bye-laws made under subsection (5) of this section.
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(5) The Minister may make bye-laws authorising the use during the daytime of any net on any part of the coast or the islands lying off such part, where such nets may, in the opinion of the Minister, be used during the daytime without injury to the fisheries.
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