Fisheries (Amendment) Act, 1962

Powers in relation to fishing for salmon at sea and landing and possession of salmon caught at sea.

29.—(1) The Minister may by order—

(a) prohibit, restrict or otherwise control—

(i) fishing for salmon at sea, and

(ii) the landing of salmon caught at sea,

and

(b) prohibit, restrict or otherwise control the having in possession of salmon caught or landed contrary to an order under this section.

(2) An order under this section restricting or otherwise controlling fishing for salmon may, as respects any particular place to which the order applies, prescribe—

(a) the classes of persons to whom there may be issued fishing licences within the meaning of the Principal Act for fishing for salmon in that place, the classes of boats and the kind of fishing engines in respect of which such licences for fishing in that place may be issued,

(b) the maximum number of such licences which may be issued in any year by the board or boards of conservators for that place,

(c) the time and manner of application for such licences, and

(d) the manner in which such licences shall be allocated in any case where the number of valid applications for licences to a board of conservators for that place in any year exceeds the number prescribed under paragraph (b) of this subsection in respect of that year in relation to that board,

and, notwithstanding anything contained in the Principal Act, a fishing licence shall not be issued in contravention of a provision of an order under this section.

(3) The Minister may except from the provisions of an order under this section fishing in any particular place or by any particular method and the landing and having in possession of salmon caught in a place or by a method so excepted.

(4) A person who contravenes a provision of an order under this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment and any salmon caught or landed, and fishing gear used, in contravention of the provisions of the order shall, as a statutory consequence of conviction, stand forfeited and any boat used in contravention of the provisions of the order and any other fish and fishing gear found on board the boat shall, if the Court so orders, be forfeited.

(5) The Minister may by order revoke or amend an order under this section, including an order under this subsection.