Fisheries (Consolidation) Act, 1959

Persons using trout rods in scheduled trout waters to produce licence on demand.

305.—(1) In this section, the expression “authorised person” includes a member of a board of conservators.

(2) Any person using a trout rod in any scheduled waters shall on demand produce to any authorised person his trout rod licence, or if he is the holder of a salmon rod licence, such salmon rod licence, and in default such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to—

(a) in case—

(i) such person is the occupier of land contiguous to the portion of such scheduled trout waters in which he is found fishing and is entitled to fishing rights in that portion, or

(ii) such person is a member of the family of the occupier of land contiguous to the portion of such scheduled trout waters in which he is found fishing and such occupier is entitled to fishing rights in that portion, or

(iii) such person is under the age of seventeen years,

a fine of not less than sixpence and not more than one shilling, or

(b) in any other case, a fine of not less than five shillings and not more than ten shillings.

(3) Where a person using a trout rod in scheduled trout waters situate in a particular fishery district is charged with an offence under this section, it shall be a good defence to prove that—

(a) he is a member of the family of the occupier of land contiguous to the portion of such scheduled trout waters in which he is found using such trout rod, and

(b) such occupier is entitled to fishing rights in that portion and is the holder of a trout rod (riparian owner) licence for the time being in force issued by the board of conservators for such fishery district and valid for such portion.