FISHERIES ACT (NORTHERN IRELAND) 1966

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FISHERIES ACT (NORTHERN IRELAND) 1966 - SECT 110



110.(1) Subject to the succeeding provisions of this section, if any person
buys, sells, offers or exposes for sale or has in his possession any salmon or
trout unlawfully captured, he shall be guilty of an offence under this Part
and shall be liable

[(a)on summary conviction to a fine not exceeding #500 or to imprisonment for
a term not exceeding six months or to both such fine and such imprisonment and
shall in addition be liable to a further fine not exceeding #50 for every
salmon and #10 for every trout so bought, sold, offered or exposed for sale or
found in his possession;

(b)on conviction on indictment to a fine not exceeding #2,000 or to
imprisonment for a term not exceeding two years or to both such fine and such
imprisonment.]

(2) In any proceedings under this section, the onus of proving that the salmon
or trout, the subject of the proceedings, was lawfully captured shall lie on
the defendant.

(3) Where a person, being a common carrier, is charged with the offence of
having in his possession any salmon or trout unlawfully captured, it shall be
a good defence to the charge for him to prove

(a)that he had the salmon or trout in his possession as a common carrier and
not otherwise; and

(b)that at the time at which the salmon or trout was accepted by him for
carriage, the consignor delivered to him a certificate in writing signed by
the consignor to the effect that the salmon or trout was lawfully captured.

(4) Where a person is charged with an offence under subsection (1) in relation
to a salmon or a trout, and

(a)he proves that the fish was caught by rod and line at a particular place
during a period other than the annual close season for angling for fish of
that kind at that place; and

(b)he proves that the fish was caught by [a person who was the holder of a
fishing licence authorising him to angle for salmon or, as the case may be,
trout or who was exempted by byelaws made under section 37(f) from the
requirement to hold such a licence],

(5) Where a person is charged with an offence under subsection (1) in relation
to a salmon or a trout and

(a)he proves that he acquired the fish from a person who then was, or whom he
believed on reasonable grounds then to have been, the holder of a dealer's
licence issued under the succeeding provisions of this Part; or

(b)he satisfies the court that he had no reason to suppose the fish to have
been unlawfully captured, and that he took all reasonable precautions and
exercised all due diligence to avoid the commission of such an offence;

(6) If a person in a certificate signed by him and delivered to a common
carrier under subsection (3)(b) makes any statement which to his knowledge is
false, he shall be guilty of an offence [and shall be liable on summary
conviction to a fine not exceeding #500.][

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Northern Irish Legislation

FISHERIES ACT (NORTHERN IRELAND) 1966 - SECT 110