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FISHERIES ACT (NORTHERN IRELAND) 1966 - SECT 181

181.(1) Where in the exercise of the powers conferred by section 127(10), 172
or 178 a person seizes or detains any fish and the fish is likely to become
unfit for human food before the matter can conveniently be dealt with by a
court, the succeeding provisions of this section shall have effect.

(2) If the fish is a fish that may for the time being be lawfully taken,
bought and sold, having regard to its kind, size and condition and the season
of the year (in this section referred to as "lawful fish"), the person seizing
or detaining the fish shall, in accordance with any directions given to him by
the Ministry or the Board, sell the fish, unless by virtue of an instruction
given to him by the Ministry or the Board on any occasion, or in accordance
with the terms of any general authorisation in writing given to him by
the Ministry or the Board, he is permitted or required to dispose of it in
some other manner.

(3) If the fish is not lawful fish, the person shall destroy or otherwise
dispose of it in accordance with any instruction or authorisation such as is
referred to in subsection (2).

(4) When a person proposes to sell, destroy or otherwise dispose of any fish
in pursuance of subsection (2) or (3) he may produce the fish to a justice of
the peace, and the justice of the peace may give to the person producing the
fish a certificate in writing describing the fish and any marks, peculiarities
or other particulars thereof pointed out to him by that person.

(5) A certificate given by a justice of the peace under subsection (4) shall
be prima facie evidence of all matters of fact such as are described in that
subsection as are stated therein.

(6) Any sum of money representing the proceeds of sale of fish sold by a
person under subsection (2) shall forthwith be paid by that person to
the Ministry, or, where the fish is a salmon, an eel or a freshwater fish, to
the Board, and

(a)where no other person is charged with an offence under any provision of
this Act in relation to the fish, any such sum shall be disposed of as
the Ministry or, as the case may be, the Board may direct;

(b)where some other person is charged with such an offence and is acquitted, a
sum equal in amount to the net proceeds of the sale of the fish shall be paid
to that other person by the Ministry or, as the case may be, the Board;

(c)where some other person is convicted of such an offence, a sum equal in
amount to the net proceeds of sale of the fish shall be applied by
the Ministry or, as the case may be, the Board, in accordance with
section 198, in the same manner as if the fish had been sold under that
section.

Penalty for assaulting authorised person.

© 1966 Crown Copyright

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