Fisheries (Consolidation) Act, 1959

Mesh of nets, made of non-rigid material for the taking of salmon in the sea or tideways.

92.—(1) In this section, the expression “net to which this section applies” means any net or other engine which is not formed of a rigid material and which is used for the taking of salmon.

(2) If, on any part of the coast or within any bay, estuary or tideway thereof, any person (other than the proprietor of the whole of the fishery of the river flowing into such bay, estuary or tideway, from the mouth to the source thereof, including its tributary streams) uses any net to which this section applies with a mesh of less size than one and three-quarter inches from knot to knot, to be measured along the side of the square, or seven inches to be measured all round each such mesh, such measurement being taken in the clear when the net is wet, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

(3) Where a person is convicted of an offence under this section, the net in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.

(4) The Minister may by bye-law, alter, in respect of any particular district or locality, the size, specified in subsection (2) of this section, of the mesh of any net to which this section applies and permit the use, in that district or locality, of nets to which this section applies having meshes of a less size than that specified in the said subsection (2).

(5) Where a bye-law made under subsection (4) of this section alters, in respect of any district or locality, the size, specified in subsection (2) of this section, of the mesh of any net to which this section applies and permits the use, in that district or locality, of a net to which this section applies having a mesh of a less size, subsection (2) of this section shall, in its application to that district or locality, have effect as if, for the reference to a mesh of the size specified in the said subsection (2), there were substituted a reference to a mesh of the size permitted to be used by such bye-law.