Fisheries Act, 1939

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Prohibition of use, etc., of certain devices for taking salmon or trout.

23.—(1) Subject to the provisions of this section, no person shall, for the purpose of taking any salmon, or trout, use or have in his possession or control in any lake, river, or estuary or on or near the banks thereof any light or fire of any kind nor any otter, spear, strokehaul, gaff, or other instrument of a similar kind.

(2) Any person who shall use or have in his possession or control any light, fire, or instrument in contravention of this section 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 or, at the discretion of the Court, to imprisonment for any term not exceeding twelve months.

(3) Every person who is convicted of an offence under this section shall forfeit the light or fire used in the commission of the offence of which such person is convicted and the means or materials by which such light or fire was produced and also any instrument used by such person in the commission of such offence.

(4) The prohibition contained in this section shall not extend to the use, possession, or control by any person of a gaff used or to be used solely as auxiliary to lawful angling with rod and line between sunrise and one hour after sunset, or used or to be used by the licensee of any lawful weir, box, or crib solely for the purpose of removing fish therefrom or to the use, possession, or control by any person of an eel spear used for taking eels.