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40.—(1) The annual close time for trout shall extend from 7th October to 14th March, both inclusive.
(2) Subject to paragraphs (3) and (4), any person who, during the annual close time—
(a)fishes for or takes trout in any inland waters; or
(b)is in possession of trout from any inland water,
shall be guilty of an offence, and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(3) It shall not be an offence under this article for the owner or occupier of any water where trout are kept in captivity or artificially reared or fed, or any person employed by such an owner or occupier, to take trout from such water during the annual close time—
(a)for scientific or breeding purposes; or
(b)for the purpose of removing them or having them removed, alive, to other waters.
(4) It shall not be an offence under this article for a person to whom trout are consigned, whether by sale or otherwise, for the purpose mentioned in paragraph (3)(b), to be in possession of such trout.
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