A BILL [AS AMENDED IN COMMITTEE] ΤΟ 5 Amend the Law relating to the Fisheries of Oysters, Crabs, A.D. 1877. and Lobsters, and other Sea Fisheries. 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: Preliminary. 1. This Act may be cited as the Fisheries (Oyster, Crab, and Short title. Lobster) Act, 1877. ment of Act. 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). PART I. 3. This part of this Act shall not apply to Ireland or to any Application oyster bed or bank within the jurisdiction of the Inspectors of of part of 15 Irish Fisheries. 20 Act. on sale of oysters 4. A person shall not sell, expose for sale, consign for sale, or Prohibition buy for sale,(1.) Any oysters known at the passing of this Act in the oyster between trade as " deep-sea oysters," between the fifteenth day of certain dates. June in any year and the following fourth day of August; or (2.) Any description of oysters other than those aforesaid, between A.D. 1877. Power to Board of Trade on local appli cation to 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 or any subsequent offence, and also to forfeit all oysters exposed for sale, consigned for sale, or bought for sale, in contravention of this section; 5 Provided that a person shall not be guilty of an offence under this section if he satisfies the court that the oysters alleged to have been sold, exposed for sale, consigned for sale, or bought for sale,(1.) Were taken within the waters of some foreign state; or (2.) Were preserved in tins or otherwise cured; or 10 (3.) Were intended for the purpose of oyster cultivation within 5. The Board of Trade, on such application as is in this part of 20 this Act mentioned, and after such public inquiry and notice as they think expedient, may, if they think fit, by order restrict or prohibit temporarily during a limited period not exceeding one year, either entirely or subject to any exceptions and regulations, the dredging for and taking of oysters on any oyster bank or bed, and may by 25 such order provide for enforcing the order, and any prohibition, restriction, or regulation contained therein, by fines not exceeding twenty pounds for each offence. prohibit or restrict dredging for oysters on certain banks. Persons entitled to apply to Board of 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 30 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. 6. An application to the Board of Trade for an order under this part of this Act may be made by any persons appearing to the 35 Board of Trade to represent the fishermen of any locality, or by any Trade under of the following authorities, if they appear to the Board of Trade part of Act. to be locally interested in the fisheries; namely, (1.) The justices of a county in general or quarter sessions assembled ; (2.) A town council or other urban sanitary authority; (3.) A rural sanitary authority; and 40 5 (4.) Any body corporate, persons or person being or claiming to A.D. 1877. of improving, managing, maintaining, or regulating any oyster fish c. 45. when to take effect on confirma 7. Where an order of the Board of Trade, under Part III. of Order relating to the Sea Fisheries Act, 1868, either is limited to the grant of a right of fishery for a period not exceeding twenty-one years over an ery under area not exceeding five acres, or amends a previous order without 31 & 32 Vict. extending the area to which that order applies, and a petition unobjected to 10 against the order by any local authority or persons affected thereby, is not within one month after the first publication of the order tion by 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 confirmation to Her Majesty in Council, and every such order, if confirmed 15 by Her Majesty in Council, shall have full operation as if it had been 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 20 in respect of such cancellation, or of any expenses they may have incurred in acting or with a view to act under the order. PART II. Crabs and Lobsters. in Council. 8. A person shall not sell, expose for sale, consign for sale, or Prohibition 25 buy for sale, 30 35 on sale of edible crabs (1.) Any edible crab which measures less than four inches and a under a (2.) Any edible crab carrying any spawn attached to the tail or (3.) Any edible crab which has recently cast its shell, whether 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 forfeit all edible crabs exposed for sale, consigned for sale, or bought 40 for sale, in contravention of this section ; ; certain size. A.D. 1877. Prohibition on sale of lobsters under a certain size. Power on cation to prohibit or restrict the taking of crabs and lobsters in certain areas. Provided that a person shall not be guilty of an offence under this section if he satisfies the court that the edible crabs alleged to have been sold, exposed for sale, consigned for sale, or bought for sale, were intended for bait for fishing. 9. A person shall not sell, expose for sale, consign for sale, or 5 buy for sale any lobster which measures less than seven inches from the tip of the 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 liable to a fine not exceeding two pounds for the first offence, and 10 ten pounds for the second and every subsequent offence, and to forfeit all lobsters sold, exposed for sale, consigned for sale, or bought for sale in contravention of this section. 10. The Board of Trade, on application from the justices of a local appli- county in general or quarter sessions assembled appearing to the 15 Board of Trade to be locally interested in the fisheries, and after such public inquiry and notice as they think expedient, may, if they think fit, from time to time, by order restrict or prohibit, either entirely or subject to any exceptions and regulations, the fishing for and taking of edible crabs and lobsters, or either of them, or 20 any description of them or either of them, within the area named in the order, during such period of years or during such period, either in every year or in such number of years, as may be limited by the order, and may by the order provide for enforcing the order and any prohibition restriction or regulation contained therein, by fines 25 not exceeding twenty pounds for each offence. The Board of Trade by order may from time to time vary, and at any time revoke, an order under this section. Nothing in such order shall apply to a several right of fishery. The powers of the Board of Trade under this section shall, as 30 regards any area within the jurisdiction of the Inspectors of Irish Fisheries, be vested in and exercised by those Inspectors with the approval of the Lord Lieutenant or other chief governor or governors of Ireland. Prosecution of offences and recovery of fines. 11. All offences against this Act, or against any order made in pursuance of this Act, may be prosecuted, and all fines under this Act or any such order may be recovered on summary conviction before a court of summary jurisdiction in manner provided by the 40 Summary Jurisdiction Acts. For all purposes of and incidental to the prosecution of any such A.D. 1877. 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 5 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. All fines recovered under this Act in any of the Channel Islands 10 shall be paid to the receiver general of the island in which they are recovered. 12. All oysters, crabs, and lobsters of which the exposure for Search for sale, consignment for sale, or purchase for sale is prohibited by and seizure of oysters, this Act, may be searched for, seized, condemned, destroyed, and crabs, and 15 disposed of by any authority lawfully acting under any Act, charter, lobsters or byelaw, or by any persons appointed by that authority, in like posed for manner as if such oysters, crabs, and lobsters respectively were sale. found to be diseased, unsound, unwholesome, corrupt, unfit to be sold, or unfit for the food of man. 25 30 35 40 The expression "Summary Jurisdiction Acts" means: (2.) As regards Scotland, the Summary Procedure (Scotland) Act, (3.) As regards Ireland, with reference to any matter or proceed- (4.) As regards the Isle of Man and the Channel Islands, the illegally ex Definitions. |