A BILL 5 10 FOR The Protection of Freshwater Fish. BE 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: A.D. 1878. 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 beyond the limits of the Salmon Extent. Fishery Acts, 1861 to 1876. 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. 5. Sections eight and nine of the Salmon Fishery Act, 1861, (which relate to fishing with lights, spears, and other prohibited 15 instruments, and to using roe as a bait,) shall, as amended by the subsequent Salmon Fishery Acts, apply to trout and char in all waters within the limits of this Act, and the term "salmon river," as used in section sixty-four of the Salmon Fishery Act, 1865, shall include any such water. 20. 25 30 Extension of provisions of ery Acts relating to Salmon Fish trout and char. for freshwater fish. 6. (1.) In this section the term "freshwater fish" includes all Close season (2.) The period between the first day of March and the thirty- (3.) If any person during this close season fishes for, catches, or A.D. 1878. Extension of c. 65 to (4.) If any person during this close season buys, sells, or exposes for sale, or has in his possession for sale, any freshwater fish, he shall, on summary conviction before two justices, be liable to a fine not exceeding forty shillings: (5.) On a second or any subsequent conviction under this section 5 (6.) A board of conservators appointed under the Salmon Fishery 7. The Fisheries (Dynamite) Act, 1877, which prohibits the use 15 40 & 41 Vict. of dynamite or other explosive substance for the catching or destruction of fish in a public fishery, shall apply to the use of any such substance for the catching or destruction of fish in any water, whether public or private, within the limits of this Act. private waters. A.D. 1878. Extension of 40 & 41 Vict. c. 65 to private waters. (4.) If any person during this close season buys, sells, or exposes for sale, or has in his possession for sale, any freshwater fish, he shall, on summary conviction before two justices, be liable to a fine not exceeding forty shillings: (5.) On a second or any subsequent conviction under this section 5 the person convicted shall be liable to a fine not exceeding five pounds: (6.) A board of conservators appointed under the Salmon Fishery Acts, 1861 to 1876, may, with the approval of the Secretary of State, exempt the whole or any part of their 10 district from the operation of the first, second, and third sub-sections of this section. The exemption shall be advertised in such manner as the Secretary of State shall direct. 7. The Fisheries (Dynamite) Act, 1877, which prohibits the use 15 of dynamite or other explosive substance for the catching or destruction of fish in a public fishery, shall apply to the use of any such substance for the catching or destruction of fish in any water, whether public or private, within the limits of this Act. |