Fisheries (Consolidation) Act, 1959
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Division V. Annual close season for angling for trout. Annual close season for angling for trout and penalties for angling for trout therein. |
138.—(1) (a) Subject to paragraphs (b) and (c) of this subsection, the annual close season for angling for trout in a particular locality shall, for the purposes of this Act, be the period during which it is declared, by a bye-law (whether applicable to angling for both salmon and trout or to angling for trout only), for the time being in force and applicable to that locality, made under this Act, to be unlawful to angle for trout. | |
(b) Where— | ||
(i) there is in relation to any locality a bye-law (whether applicable to angling for both trout and salmon or to angling for trout only), in force, deemed to have been made under this Act, fixing a period during which it is declared by that bye-law to be unlawful to angle for trout, and | ||
(ii) such bye-law includes as part of the said period the October close period for angling, | ||
then, for the purposes of this Act, the annual close season for angling for trout in that locality shall, so long as that bye-law is in force, be the period fixed by that bye-law. | ||
(c) Where— | ||
(i) there is in relation to any locality a bye-law (whether applicable to angling for both trout and salmon or to angling for trout only) in force, deemed to have been made under this Act, fixing a period during which it is declared by that bye-law to be unlawful to angle for trout, and | ||
(ii) such bye-law does not include as part of the said period the October close period for angling, | ||
then, for the purposes of this Act, the annual close season for angling for trout in that locality shall, so long as that bye-law remains in force, be— | ||
(I) the October close period for angling, and | ||
(II) the period fixed by that bye-law. | ||
(d) The provisions set out in the Fifth Schedule to this Act shall apply in relation to bye-laws altering the annual close season for angling for trout. | ||
(2) (a) If, during the annual close season for angling for trout, any person wilfully fishes for or takes trout with rod and line or aids or assists in taking or fishing for trout with rod and line, 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 trout so taken by him. | ||
(b) Where a person is convicted of an offence under this section, every trout taken by him and the rod and line used in the commission of the offence shall, as a statutory consequence of conviction, stand forfeited. |