Fisheries (Consolidation) Act, 1959

Restriction on use of nets in freshwater.

95.—(1) It shall not be lawful for any person to use any net for the capture of fish in the freshwater portion of any river or in any freshwater lake, unless—

(a) such net is used under and in accordance with bye-laws made under this section, or

(b) such net is a landing net and is used solely as auxiliary to lawful fishing with rod and line, or

(c) such net is used solely for the purpose of removing fish from traps in a weir, or

(d) such net is constructed for the capture of eels.

(2) If any person uses any net 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) The Minister may by bye-law authorise the use, subject to such conditions as he thinks proper, in any specified area in the freshwater portion of any river or in any freshwater lake, of any kind or kinds of net which may be lawfully used for the capture of fish, other than salmon, trout or eels, under this Act.

(4) (a) Where—

(i) an application is made to the Minister to permit the use of draft nets for the capture of trout in a specified freshwater lake exceeding thirty square miles in area, and

(ii) the applicant furnishes the Minister with the consent in writing of every owner of a several fishery in the lake, and

(iii) the applicant satisfies the Minister that within twenty years before the 1st day of January, 1948, nets were used as of right in the lake for the capture of trout by members of the public who depended on such netting as a means of livelihood,

the Minister, if he thinks fit, may make bye-laws permitting the use of draft nets for such capture, subject to such conditions as he thinks proper.

(b) Where bye-laws under this subsection are for the time being in force in relation to waters vested in the Electricity Supply Board, nothing in any enactment shall be construed as prohibiting the Board from permitting the use of draft nets in such waters in accordance with the bye-laws.

(c) The Minister may, if he thinks fit, cause a public inquiry to be held into the desirability of making a particular bye-law under this subsection and for this purpose may appoint an officer of the Minister to hold such inquiry.

(d) The Minister shall cause to be given, in accordance with section 322, notice of the holding of an inquiry under this subsection.