Fisheries Act (Northern Ireland) 1966

110 Prohibition of sale, etc., of salmon or trout unlawfully captured. N.I.

(1) Subject to the succeeding provisions of this section, if any person buys, sells, offers or exposes for sale or has in his possession any salmon or trout unlawfully captured, he shall be guilty of an offence under this Part and shall be liable—

F1 [(a) on summary conviction to a fine not exceeding £500 or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment and shall in addition be liable to a further fine not exceeding £50 for every salmon and £10 for every trout so bought, sold, offered or exposed for sale or found in his possession;

(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.]

(2) In any proceedings under this section, the onus of proving that the salmon or trout, the subject of the proceedings, was lawfully captured shall lie on the defendant.

(3) Where a person, being a common carrier, is charged with the offence of having in his possession any salmon or trout unlawfully captured, it shall be a good defence to the charge for him to prove—

(a) that he had the salmon or trout in his possession as a common carrier and not otherwise; and

(b) that at the time at which the salmon or trout was accepted by him for carriage, the consignor delivered to him a certificate in writing signed by the consignor to the effect that the salmon or trout was lawfully captured.

(4) F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Where a person is charged with an offence under subsection (1) in relation to a salmon or a trout and—

(a) he proves that he acquired the fish from a person who then was, or whom he believed on reasonable grounds then to have been, the holder of a dealer's licence issued under the succeeding provisions of this Part; or

(b) he satisfies the court that he had no reason to suppose the fish to have been unlawfully captured, and that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence;

the charge against that person shall be dismissed.

(6) If a person in a certificate signed by him and delivered to a common carrier under subsection (3)( b) makes any statement which to his knowledge is false, he shall be guilty of an offence [F4 and shall be liable on summary conviction to a fine not exceeding £500.]

F1 1981 NI 7

F2 1984 NI 3

F3 S. 110(4) repealed (1.6.2008) by Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 (S.I. 2007/915 (N.I. 9)), arts. 1(3), 34, Sch. 2 para. 2(9), Sch. 3 (with art. 32); S.R. 2008/232, art. 2, Sch.

F4 1981 NI 7