PART XI.

Miscellaneous Provisions Inrelation to Salmon and Fresh-Water Fisheries.

Chapter I.

Prohibition of Certain Methods of Fishing for, and of Practices Liable to Destroy Salmon and Other Fish.

164. —(1) Any person who—

(a) uses in any waters any deleterious matter for the capture, destruction or injury of fish, or

(b) has in his possession or control on the bank of or near any waters any deleterious matter with intent to use it in the capture, destruction or injury of fish,

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 a term not exceeding six months or to both such fine and such imprisonment.

(2) Where a person is convicted of an offence under this section any deleterious matter found in his possession or control in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.

165. —(1) If, for the purpose of taking any fish, any person uses or has 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, 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-five pounds or at the discretion of the court to imprisonment for any term not exceeding twelve months.

(2) Where a person is convicted of an offence under this section, the means or materials by which there was produced the light or fire in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.

166. —(1) In this section the expression “instrument to which this section applies” means any otter, spear, strokehaul, gaff or other instrument of a similar kind.

(2) If, for the purpose of taking any fish, any person uses or has in his possession or control in any lake, river, or estuary or on or near the banks thereof any instrument to which this section applies, such person shall, subject to subsection (3) of this section, 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) Subsection (2) of this section shall not apply to the use, possession or control of—

(a) a gaff used or to be used solely as an auxiliary to lawful angling between sunrise and one hour after sunset, or

(b) a gaff used or to be used by the holder of a fishing licence in respect of any box in a fishing weir or fishing mill dam solely for the purpose of lawfully removing fish therefrom, or

(c) an eel spear used for taking eels.

(4) Where a person is convicted of an offence under this section any instrument (being an instrument to which this section applies) in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.

167. —If any person takes, catches or fishes for any salmon or trout by means of cross lines in any river, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

168. —If the owner or occupier of any eel weir takes or suffers to be taken therein any salmon or trout, such owner or occupier shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

169. —If any person dams, teems or empties any river or mill race for the purpose of taking or destroying any salmon or trout, 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.

170. —(1) Every person who by any means removes or causes to be removed from any river or lake—

(a) any salmon or trout which shall not have been killed by lawful means, or

(b) any salmon or trout which shall have been found dead, from any cause whatever, by such person,

shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine of not less than ten pounds and not more than twenty-five pounds, or, at the discretion of the Court, to imprisonment for any term not less than six months and not more than twelve months.

(2) This section shall not apply to—

(a) any person acting under the authority of the Minister, or

(b) any officer of a board of conservators acting under the instructions of that board, or

(c) any owner of a fishery or his agent acting under the written authority of a board of conservators, or

(d) so far as respects the removal or causing to be removed of any diseased salmon or trout, or any salmon or trout found dead from any cause, any member of the Garda Síochána or any Sanitary Officer.