Fisheries (Consolidation) Act, 1959

Penalty for trespass on or breach of regulations of oyster fishery.

265.—(1) If, in respect of any oyster fishery granted under an oyster fishery order, any person—

(a) wilfully trespasses on such fishery, or

(b) not being a grantee or not having the written permission of the grantee or grantees, or, where more than two, of at least two-thirds of the grantees, dredges, fishes for or takes any oysters, or

(c) being a grantee or duly authorised person as aforesaid, dredges, fishes for or takes any oysters in contravention of any regulation made under section 263 in relation to such fishery,

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 pounds.

(2) Where a person is convicted of an offence under this section—

(a) if the oysters in respect of which the offence wag committed have not been sold, those oysters shall, as a statutory consequence of conviction, stand forfeited, and the Court may direct their delivery to the grantees of the fishery from which they were taken,

(b) if those oysters have been sold, the Court may order such person to pay to the said grantees a sum equal to the value thereof.