Fisheries (Amendment) Act, 1962
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Restriction on purchase of salmon and trout. |
28.—(1) Subject to the provisions of subsection (2) of this section, a person who is not the holder, or the agent duly authorised in writing in that behalf of the holder, of a Part X licence for the time being in force and who buys salmon or trout shall be guilty of an offence and shall be liable on summary conviction to a fine, not exceeding one hundred pounds in all, of an amount not exceeding fifty pounds together with an amount not exceeding five pounds for each salmon and ten shillings for each trout in respect of which the offence is committed and any fish in respect of which the offence is committed shall, as a statutory consequence of conviction, stand forfeited. | |
(2) Subsection (1) of this section shall not apply in relation to— | ||
(a) the bona fide purchase by or on behalf of a person of salmon or trout for use by the person in his own home, | ||
or | ||
(b) the bona fide purchase of salmon or trout by or on behalf of any person for use for catering purposes in premises in which he carries on the business of a hotel, restaurant or guest house or of providing board and lodging or meals for reward if the purchase is made from— | ||
(i) the holder of a salmon dealer's licence (within the meaning of the said Part X) for the time being in force, or | ||
(ii) a fisherman who is lawfully engaged in taking and killing salmon or trout, as the case may be, and who (where the purchase includes any salmon) is the holder of a fishing licence which is for the time being in force and is available for use for the taking and killing of salmon in the fishery district in which the salmon is taken or killed, | ||
and, in the case of a purchase from a fisherman, the purchaser— | ||
(I) obtains from the fisherman a statement in writing containing his name and address and (where the purchase includes any salmon) the number of his fishing licence and stating that the salmon or trout, as the case may be, is of his own lawful capture, and | ||
(II) retains the statement and produces it to an inspector when requested by the inspector to do so. | ||
(3) A person who is buying salmon or trout and purports to be acting as an agent of the holder of a Part X licence shall produce on demand by the inspector his authorisation to act as such agent and if he refuses or fails to produce his authorisation or, on the production thereof, refuses or fails to permit the inspector to read the authorisation there and then, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding fifty pounds. | ||
(4) A person who when the production of his authorisation aforesaid is lawfully demanded of him under this section does not produce the authorisation because he is not the holder of an authorisation shall be deemed to refuse or fail to produce his authorisation within the meaning of this section. | ||
(5) Where, pursuant to subsection (2) of this section, a person (in this subsection referred to as the vendor) selling salmon ortrout to another person gives to that other person a statement in writing which, or any part of which, is, to the knowledge of the vendor, false or misleading, the vendor shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding fifty pounds. | ||
(6) In this section— | ||
“inspector”— | ||
(a) in the case of the exercise by an inspector of powers under this section in the Moville Area, means an inspector appointed under section 55 of the Foyle Fisheries Act, 1952 , and | ||
(b) in any other case, has the meaning assigned to it by Part X of the Principal Act; | ||
“Part X licence” has the meaning assigned to it by Part X of the Principal Act. |