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Penalty for using etc. certain instruments for purpose of taking fish.
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166.—(1) In this section the expression “instrument to which this section applies” means any otter, spear, strokehaul, gaff or other instrument of a similar kind.
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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 lake, river, or estuary or on or near the banks thereof any instrument to which this section applies, such person shall, subject to subsection (3) of this section, be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds or, at the discretion of the court, to imprisonment for any term not exceeding twelve months.
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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) Where a person is convicted of an offence under this section any instrument (being an instrument to which this section applies) in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.
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