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Penalties for purchasing, selling, etc., or being in possession of unseasonable or unlawfully captured salmon, trout, eels or molluscan shellfish.
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21.—The Principal Act is hereby amended by the substitution of the following section for section 182 thereof:
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“182—(1) (a) If any person purchases, sells, exposes for sale, keeps for sale or has in his possession or control any unseasonable salmon or trout such person shall be guilty of an offence under this subsection.
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(b) Where a person, being a common carrier, is charged under this subsection with the offence of having in his possession or control any unseasonable salmon or trout it shall be a good defence to such charge to prove that he had such salmon or trout in his possession as a common carrier and not otherwise.
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(2) (a) If any person purchases, sells, exposes for sale, keeps for sale or has in his possession or control any salmon, trout, eel or molluscan shellfish unlawfully captured, such person shall be guilty of an offence under this subsection.
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(b) In any proceedings under this subsection against a person, the onus of proving that the salmon, trout, eel or molluscan shellfish, the subject of such proceedings, was lawfully captured shall lie on such person.
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(c) Where a person being a common carrier, is charged under this subsection with the offence of having in his possession or control any salmon, trout, eel or molluscan shellfish unlawfully captured, it shall be a good defence to such charge for such person to prove—
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(i) that he had such salmon, trout, eel or molluscan shellfish in his possession or control as a common carrier and not otherwise, and
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(ii) that at the time when such salmon, trout, eel or molluscan shellfish was accepted by him for carriage, the consignor thereof delivered to him a certificate, in such form as the Minister may from time to time direct, signed by such consignor or by a person authorised by him in that behalf to the effect that such salmon, trout, eel or molluscan shellfish was lawfully captured.
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(d) Where—
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(i) a person is charged with an offence under this subsection in relation to a salmon, and
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(ii) he proves that the salmon was captured by rod and line at a particular place during a period other than the annual close season for angling for salmon at that place, and
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(iii) he proves that the salmon was captured by the holder of a licence to fish with rod and line for salmon, and
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(iv) he proves that otherwise the salmon was lawfully captured,
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the charge against that person shall be dismissed.
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(e) Where—
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(i) a person is charged with an offence under this subsection in relation to a trout, and
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(ii) he proves that the trout was captured by rod and line at a particular place during a period other than the annual close season for angling for trout at that place, and
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(iii) he proves that otherwise the trout was lawfully captured,
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the charge against him shall be dismissed.
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(f) Where—
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(i) a person is charged with an offence under this subsection in relation to an eel, and
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(ii) he proves that the eel was captured by rod and line, and
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(iii) he proves that otherwise the eel was lawfully captured,
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the charge against that person shall be dismissed.
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(g) Where—
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(i) a person is charged with the offence under this subsection of purchasing or having in his possession or control any salmon, trout, eel or molluscan shellfish unlawfully captured, and
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(ii) he proves that the salmon, trout, eel or molluscan shellfish was purchased by him from the holder of a licence (whether original or renewed) for the sale of salmon and trout, eels or molluscan shellfish issued under subsection (1) of section 159 and in force at the date of purchase and was so purchased at the place specified in the licence,
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the charge against that person shall be dismissed.
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(3) If any person in a certificate signed by him and delivered to a common carrier under subparagraph (ii) of paragraph (c) of subsection (2) of this section makes any statement which is false, he shall be guilty of an offence under this subsection.
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(4) Every person guilty of an offence under subsection (1), (2) or (3) of this section shall be liable on summary conviction thereof to a fine not exceeding £500 together with an amount not exceeding £50 for each salmon, £50 for each kilogram of eels or molluscan shellfish and £10 for each trout in respect of which the offence under the section is committed, provided that the total amount of the said fine shall not exceed £1,000 or, at the discretion of the Court, imprisonment for a term not exceeding 6 months or to both such fine and such imprisonment.
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(5) Where a person is convicted of an offence under subsection (1) or (2) of this section, any salmon, trout, eel or molluscan shellfish in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.”.
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