Every Person who during the Annual Close Times has in his Possession Salmon known by such Person to have been taken or caught in the River during the Annual Close Times (except Salmon which have been taken by means of the Rod and Line between the Fifteenth Day ofSeptemberand the Thirtieth Day ofNovember, both Days inclusive, or between the First and Fourteenth Days ofFebruary, both Days inclusive, or which have been taken for the Purpose of artificial Propagation, under the Authority of the Commissioners, as herein-before provided), or who sells or offers or exposes for Sale or Exchange any Salmon known by such Person to have been caught in the River between the Fifteenth Day ofSeptemberin any Year and the Fourteenth Day ofFebruaryin the Year following, both Days inclusive, shall for every such Offence be liable to a Penalty of not less than [F150p] and not exceeding [F2F3£25][F3level 1 on the standard scale] for each Salmon so had in his Possession, or sold or offered or exposed for Sale or Exchange as aforesaid, and every such Salmon, and every Boat, Cart, Basket, or Package in which the same may be found, may be seized and forfeited; and the Proof that such Salmon was not taken contrary to the Provisions of this Act shall lie upon the Person in whose Custody the same is found.
Textual Amendments
F1Words substituted by virtue of Decimal Currency Act 1969 (c. 19), s. 10(1)
F2Words substituted by virtue of (S.) Criminal Procedure (Scotland) Act 1975 (c. 21), s. 289C(4)(5)(8) and (E.W.) Criminal Law Act 1977 (c. 45), s. 31.(5)(6)(9)
F3Words “level 1 on the standard scale” substituted (E.W.S.) for words “£25” by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G
Modifications etc. (not altering text)
C1S. X amended by Freshwater and Salmon Fisheries (Scotland) Act 1976 (c. 22), s. 7, Sch. 3 Pt. I para. 3
C2S. X amended by Fisheries Act 1981 (c. 29, SIF 52:1), s. 33(5), Sch. 4 Pt.II para. 20
C3S. X: power to amend conferred by Salmon Act 1986 (c. 62, SIF 52:2), ss. 8, 10(6)