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48.(1) If any person (a)wilfully takes, sells, purchases, or has in his possession the spawn, ... or fry of salmon, trout or eels; or (b)wilfully obstructs the passage of the ... fry of salmon, trout or eels; or (c)injures or disturbs the spawn or fry of salmon, trout or eels; or (d)injures or disturbs any spawning bed, bank or shallow where the spawn or fry of salmon, trout or eels may be, (2) Where a person is charged with the offence of taking or having in his possession any ... fry in contravention of subsection (1)(a), it shall be a good defence for him to prove that he removed the ... fry from a system of waters solely for the purpose of preserving them from some immediate danger (whether actual or reasonably apprehended) and that he returned, or intended to return, them to an adjacent safer part of the same system of waters, without any avoidable injury, as soon as reasonably practicable. [(3) In this section (except in subsection (1)(d)) "fry" in relation to salmon includes parr and smolts.]
© 1966 Crown Copyright
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