[PART IIIFISHING LICENCES

37Power to make byelaws respecting fishing licences.

F1(1)

Byelaws made by the Board under subsection (1) of section 26 may (without prejudice to the provisions of paragraphs ( g), ( h) and ( i) of that subsection or to the provisions of section 70(2)( a), ( c) or ( d)),—

(a)

authorise the issue of different classes of fishing licence in respect of any one or more than one kind of fish, or any one or more than one description of fishing engine, specified in the byelaws;

(b)

prescribe different forms, periods of duration, territorial limitations, terms and conditions, or duties, in respect of different classes of licence and, in the case of different classes of licence, provide that reduced duties may be paid byF2 persons of such class or description as is specified in the byelaws;

F1(c)

limit, subject to subsection (2), the number of licences which may be issued to authorise the use of fishing engines for the taking of fish;

(d)

prescribe the records to be kept and the returns to be made by the holder of any licence to fish with rod and line or hand line;

(e)

provide for an appeal to the Ministry against the revocation by the Board of, or the refusal of the Board to issue or renew, any fishing licence;

(f)

provide for the exemption of persons who have not attained the age of sixteen, or such other age as may be prescribed by the byelaws, from the requirement to hold a fishing licence to fish for, take or kill fish of any kind so prescribed by rod and line or hand line.

F1(2)

Nothing in byelaws made under subsection (1)(c) shall affect the lawful use by any person of—

(a)

a rod and line or a handline in the freshwater portion of any river or lake,

(b)

a draft net in the circumstances specified in section 71(2)(d),

(c)

a fishing weir or fixed engine in the circumstances specified in section 73(1).

(3)

In subsection (1)(c)—

  • “licences” means licences of any class specified in the byelaws, and

  • “fish” does not include eels.