1

A

B I L L

INTITULED

An Act to amend the Law relating to the Fisheries of A.D. 1877.

Oysters, Crabs, and Lobsters, and other Sea Fisheries.

1

ment of Act.

E it enacted by the Queen's most Excellent Majesty, by and

with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by

the authority of the same, as follows: 5

Preliminary. 1. This Act may be cited as the Fisheries (Oyster, Crab, and Short title. Lobster) Act, 1877.

2. This Act shall come into operation on the first day of Sep- Commencetember one thousand eight hundred and seventy-seven (which day 10 is in this Act referred to as the commencement of this Act).

Oysters. 3. A person shall not, between the fourteenth day of May and Prohibition the fourth day of August in any year, sell, expose for sale, buy for on sale of

oysters
sale, or have in his possession for sale, any oysters.
15 Every person who acts in contravention of this section shall be certain dates.

liable to a fine not exceeding two pounds for the first offence, and
ten pounds for the second or any subsequent offence, and also to
forfeit all oysters exposed for sale, bought for sale, or in his posses-

sion for sale in contravention of this section;
20 Provided that a person shall not be liable to a fine or forfeiture

under this section if he satisfies the court that the oysters alleged
to have been sold, exposed for sale, or bought for sale, or to be in
his possession for sale,-

(1.) Were intended for the purpose of oyster cultivation, or of
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being sold on or after the said fourth day of August; or
(2.) Were lawfully taken within the waters of some foreign

between

Board of

restrict

certain banks.

A.D. 1877. (3.) Were preserved in tins or otherwise cured.

The exportation of oysters and the buying of oysters for exportation shall be deemed to be respectively an exposing for sale and

buying for sale of oysters within the meaning of this section. Power to 4. The Board of Trade, on such application as is in this Act 5 Trade on

mentioned, and after such inquiry and notice as they think local appli- expedient, may, if they think fit, by order restrict or prohibit temporarily during a limited period not exceeding one year, either entirely prohibit or or subject to any exceptions and regulations, the dredging for dredging for

and taking of oysters on any oyster bank or bed, and may by 10 oysters on such order provide for enforcing the order, and any prohibition,

restriction, or regulation contained therein, by fines not exceeding twenty pounds for each offence.

The Board of Trade by order may from time to time renew, for a period not exceeding one year, or vary, an order under this 15 section, and

may

at
any

time revoke the same.
Nothing in such order shall apply to a several right of fishery
in any oyster bed or bank, or to any oyster bed or bank within the

jurisdiction of the Irish Fishery Commissioners. Order re

5. Where an order of the Board of Trade, under Part III. of 20 lating to

the Sea Fisheries Act, 1868, either is limited to the grant of a right oyster fish

of fishery for a period not exceeding twenty-one years over an 31 & 32 Vict. area not exceeding five acres, or amends a previous order without unobjected to extending the area to which that order applies, and a petition to take effect against the order by any local authority or persons affected thereby, 25 tion by Order is not within one month after the first publication of the order

received by the Board of Trade, or if received is withdrawn, the
Board of Trade may, if they think fit, submit the scheme for confirma-
tion to Her Majesty in Council, and every such order, if confirmed
by Her Majesty in Council, shall have full operation as if it had been 30
confirmed by Parliament as provided by the Sea Fisheries Act, 1868;

Provided that Her Majesty in Council may at any time, on the
representation of the Board of Trade, cancel the order, and the
grantees under the order shall not be entitled to any compensation
in respect of such cancellation, or of any expenses they may have 35
incurred in acting or with a view to act under the order.

ery under

on confirma

in Council.

Prohibition on sale of crabs under a certain size.

Crabs and Lobsters. 6. A person shall not sell, expose for sale, or buy for sale, (1.) Any crab which measures less than four inches and a quarter across the broadest part of the back; or

40 (2.) Any crab carrying any spawn attached to the tail or other

exterior part of the crab, whether known as “berried

crab,” “ seed crab," “ spawn crab,” or “ran crab," or by A.D. 1877.

any other name; or
(3.) Any crab which has recently cast its shell, whether known

as “caster," " white crab," " white-footed crab," " white-
livered crab, "“ soft crab,” “ glass crab,” or by any other

5

name.

under a

Every person who acts in contravention of this section shall be liable to a fine not exceeding two pounds for the first offence, and

ten pounds for the second and every subsequent offence, and to 10 forfeit all crabs exposed for sale or bought for sale in contravention of this section;

Provided that a person shall not be liable to a fine or forfeiture under this section if he satisfies the court that the crabs alleged to

have been sold, exposed for sale, or bought for sale, were intended 15 for bait for fishing.

The exportation of crabs and the buying of crabs for exportation shall be deemed to be respectively an exposing for sale and buying for sale of crabs within the meaning of this section.

7. A person shall not sell, expose for sale, or buy for sale any Prohibition 20 lobster which measures less than seven inches from the tip of the on sale of beak to the end of the tail when spread as far as possible flat.

Every person who acts in contravention of this section shall be certain size. liable to a fine not exceeding two pounds for the first offence, and

ten pounds for the second and every subsequent offence, and to 25 forfeit all lobsters sold, exposed for sale, or bought for sale in contravention of this section ;

Provided that a person shall not be liable to a fine or forfeiture under this section if he satisfies the court that the lobsters alleged

to have been sold, exposed for sale, or bought for sale were lawfully 30 taken in the waters of some foreign state.

The exportation of lobsters, and the buying of lobsters for exportation, shall be deemed to be respectively an exposing for sale and buying for sale of lobsters within the meaning of this section.

8. The Board of Trade, on such application as is in this Act Power to 35

mentioned, and after such inquiry and notice as they think Board of expedient, may, if they think fit, by order restrict or prohibit local appliduring a limited period not exceeding one year, either entirely

temporarily or subject to any exceptions and regulations, the fishing for and prohibit or

taking of crabs and lobsters, or either of them, or any description of restrict the 40 them or either of them, within the area named in the order, and may crabs and

by such order provide for enforcing the order and any prohibition lobsters in restriction or regulation contained therein, by fines not exceeding twenty pounds for each offence.

cation to

A.D. 1877.

The Board of Trade by order may from time to time renew for a period not exceeding one year, or vary, an order under this section, and may at any time revoke the same.

Nothing in such order shall apply to a several right of fishery or to any area within the jurisdiction of the Irish Fishery Commis- 5 sioners.

Miscellaneous. Persons 9. An application to the Board of Trade for an order under this entitled to

Act in relation to oysters, or to crabs and lobsters, or any of
apply to
Board of them, may be made by any persons appearing to the Board of Trade 10
Trade under to represent the fishermen of any locality, or by any of the following
Act.

authorities, if they appear to the Board of Trade to be locally
interested in the fisheries ; namely,--
(1.) The justices of a county in general or quarter sessions
assembled ;

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(2.) A town council or other urban sanitary authority:
(3.) A rural sanitary authority; and
(4.) Any body corporate, persons or person being or claiming to

be proprietors or proprietor of or intrusted with the duty
of improving, managing, maintaining, or regulating any 20

harbour. Prosecution 10. All offences against this Act, or against any order made in of offences

pursuance of this Act, may be prosecuted, and all fines under this and recovery of fines. Act or any such order may be recovered on summary conviction

before a court of summary jurisdiction in manner provided by the 25 Summary Jurisdiction Acts.

For all purposes of and incidental to the prosecution of any such offence, or the recovery of any such fine, and the proceedings and matters preliminary and incidental thereto, and consequential thereon, and for all purposes of and incidental to the jurisdiction 30 of any court or of any constable or officer with reference to such offence, the offence shall be deemed to have been committed either in the place in which it was actually committed, or in any place in

which the offender may for the time being be found. Definitions. 11. In this Act

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The expression “Summary Jurisdiction Acts”
(1.) As regards England, the Act of the session of the eleventh

and twelfth years of the reign of Her present Majesty,
chapter forty-three, intituled “An Act to facilitate the
“ performance of the duties of Justices of the Peace out 40
“ of sessions within England and Wales, with respect
“ to Summary Convictions and Orders," and any Act
amending the same; and

means :