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Freshwater Fish Pro
B I L L
For the Protection of Freshwater Fish.
(Prepared and brought in by
Mr. Mundelia, Mr. James Duft, Mr. M. T. Bass, and Mr. W. Stanhope.)
Ordered, by The House of Commons, to be Printed
19 March 1878.
Under 1 oz.
The Protection of Freshwater Fish.
A.D. 1878. 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:
1. This Act may be cited as the Freshwater Fisheries Act, 1878. Short title.
2. This Act shall, so far as is consistent with the tenour thereof, Construction. be read as one with the Salmon Fishery Acts, 1861 to 1876.
3. This Act shall not extend to Scotland or Ireland, nor, except Extent. as regards sub-sections four and five of section twelve, and as 10 regards section thirteen, to the counties of Norfolk and Suffolk, and the county of the city of Norwich.
4. This Act shall come into operation from and immediately Commenceafter the thirty-first day of December one thousand eight hundred ment.
and seventy-eight. 15 5. Sections eight and nine of the Salmon Fishery Act, 1861, Extension of
(which relate to fishing with lights, spears, and other prohibited provisions of instruments, and to using roe as a bait,) shall, as amended by the ery Acts subsequent Salmon Fishery Acts, apply to trout and char in all relating to
waters within the limits of this Act; and the term “salmon river," char. 20 as used in section sixty-four of the Salmon Fishery Act, 1865, shall include
such water. 6. The provisions of the Salmon Fishery Acts, 1865 and 1873, and dissoluwhich relate to the formation, alteration, combination, and dissolu- tion of tion of fishery districts, and to the appointment, qualification, tricts in
fishery dis25 proceedings, and powers of conservators, shall extend and apply to trout and
all waters within the limits of this Act frequented by trout or char; and the term " salmon river " in the fourth section of the Salmon Fishery Act, 1865, and in the twenty-sixth section of the Salmon
Fishery Act, 1873, shall mean any river frequented by salmon, 30 trout, or char.
A.D. 1878. 7. In any fishery district subject to a board of conservators, the Provisions as conservators shall have power to issue licenses to all persons fishing to licenses. for trout or char, and the provisions of the thirty-third, thirty
fourth, thirty-fifth, thirty-sixth, and thirty-seventh sections of the
Powers of water bailiffs.
8. The provisions of the thirty-first section of the Salmon Fishery Act, 1865, and of the thirty-sixth, thirty-seventh, and thirty-eighth 10 sections of the Salmon Fishery Act, 1873, relative to the powers of water bailiffs, shall extend and apply to all waters within the limits of this Act, as if the words “salmon river," wherever they occur in such sections, included all waters frequented by salmon, trout, or char.
15 9. The provisions of the thirty-fourth section of the Salmon Fishery Act, 1861, which empower any justice of the peace upon information on oath to authorise the search of any premises, shall extend to all offences committed or alleged to have been committed under this Act, and that section shall be construed and have effect as if the 20 word “salmon” included trout, char, and all freshwater fish.
Justice may grant warrant to enter suspected places.
Power to extend close season to char.
10. The provisions of the Salmon Fishery Act, 1876," which empower a board of conservators to alter the period during which it shall be illegal to take or kill trout in any fishery district, shall extend to char, and the fourth section of that Act shall be construed 25 and have effect as if the words “or char" followed the word "trout" in that section.
Close season for freshwater fish,
11. (1.) In this section the term “freshwater fish” includes all
kinds of fish (other than pollan, trout, and char) which
or from the open sea :
fifteenth day of June, both inclusive, shall be a close
season for freshwater fish:
attempts to catch or kill any freshwater fish in any river,
Nothing in this sub-section shall apply
within such fishery any freshwater fish other than 5
(6.) To any person angling in any several fishery with the leave of the owner of such fishery or in any public fishery under the jurisdiction of a board of
conservators with the leave of said board; 10
(c.) To any person taking freshwater fish for scientific purposes ;
(a.) To any person taking freshwater fish for use as
for sale, or has in his possession for sale, any freshwater
be liable to a fine not exceeding forty shillings:
the person convicted shail be liable to a fine not exceeding 20
persons convicted shall forfeit all fish so caught, bought,
be liable, at the discretion of the convicting justices, to the 25
forfeiture of all instruments used in the taking of such
Acts, 1861 to 1876, or under this Act, may, as regards
any or all kinds of freshwater fish, with the approval of 30
the Secretary of State, exempt the whole or any part of
of dynamite or other explosive substance for the catching or de- 408 41 Vict.