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FISHERIES ACT (NORTHERN IRELAND) 1966 - SECT 43

Defences to charges under section 41.

43.(1) Where a person is charged under section 41 with an offence which
consists of taking fish which he is not licensed to take, it shall be a good
defence for him to prove that, at the time when that fish was taken, he was
engaged in lawfully fishing for another kind of fish and that the
first-mentioned fish was taken unintentionally and, immediately upon being
taken, was returned to the water without any avoidable injury.

(2) Where a person is charged under section 41 with an offence which consists
of having a fishing engine in his possession as mentioned in subsection (2) of
that section, it shall be a good defence for him to prove that he had the
fishing engine in his possession as manufacturer or seller thereof and not for
the purpose of using it.


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© 1966 Crown Copyright

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