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Penalty for using etc., certain devices for taking fish.
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43.—(1) If, for the purpose of taking any fish, any person uses or has in his possession or control in any river or on or near the banks thereof any light or fire of any kind, he shall be guilty of an offence against this Act.
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(2) If, for the purpose of taking any fish, any person uses or has in his possession or control in any river or on or near the banks thereof, any otter, spear, strokehaul, gaff or other instrument of a similar kind, he shall, subject to subsection (3) of this section, be guilty of an offence against this Act.
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(3) Subsection (2) of this section shall not apply to the use, possession or control of—
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(a) a gaff used or to be used solely as an auxiliary to lawful angling between sunrise and one hour after sunset, or
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(b) a gaff used or to be used by the holder of a fishing licence in respect of any box in a fishing weir or fishing mill dam solely for the purpose of lawfully removing fish therefrom, or
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(c) an eel spear used for taking eels.
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(4) Every person guilty of an offence under subsection (1) or (2) of this section shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds or to imprisonment for any term not exceeding twelve months or to both such fine and such imprisonment.
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