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FISHERIES ACT (NORTHERN IRELAND) 1966 - SECT 192

Additional defence for persons charged with buying, etc., undersized fish.

192.(1) Where, under any provision of this Act, a person is charged with the
offence of buying, selling, offering or exposing for sale or, as the case may
be, having in his possession or having in his possession for sale [any fish
caught in contravention of any regulation made under section 124 or] any
undersized fish, and he satisfies the court

(a)that he had no reason to suppose that any fish dealt with by him as
described in this subsection [had been so caught or] were undersized fish; and

(b)that he took all reasonable precautions and exercised all due diligence to
avoid the commission of such an offence by himself or by any person under his
control;

(2) In subsection (1) "undersized" in relation to fish of any description
means of a size less than the size prescribed with respect to fish of that
description by, as the case may be, section 51(2), [or 52(2)] [or regulations
under section 15(1)(c)(iv), byelaws under section 26(1)(f)] or an order under
section 127.


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© 1966 Crown Copyright

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