F1[40Penalty for use or possession of deleterious matter.N.I.
(1)If any person uses in any waters any deleterious matter for the capture, destruction or injury of fish he shall be guilty of an offence against this Act.
(2)If any person being on the bank of or near any waters has in his possession or under his control any deleterious matter he shall be guilty of an offence against this Act.
(3)It shall be a good defence to a charge under sub-section (2) for the defendant to prove that the deleterious matter was in his possession or under his control for an innocent purpose.
(4)Every person guilty of an offence under this section shall be liable—
(a)on summary conviction, to a fine not exceeding[F2 £100], or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment;
(b)on conviction on indictment to[F2 an unlimited fine] or to imprisonment for a term not exceeding two years or to both such fine and such imprisonment.
Subs. (5) rep. by 1996 NI 24