Page images
PDF
EPUB

Freshwater Fish Pro

tection.

A

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.

[Bill 131.]

Under 1 oz.

[ocr errors][ocr errors][merged small][merged small]
[ocr errors]

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

any

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.

trout and

Formation

char rivers.

[ocr errors]

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
Salmon Fishery Act, 1865, and of the twenty-first, twenty-second, 5
twenty-fourth, and twenty-fifth sections of the Salmon Fishery Act,
1873, (relative to licenses,) shall be construed as if the words“ trout
or char” were inserted throughout after the word “salmon.”

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
live in fresh water, except those kinds which migrate to 30

or from the open sea :
(2.) The period between the fifteenth day of March and the

fifteenth day of June, both inclusive, shall be a close

season for freshwater fish:
(3.) If any person during this close season fishes for, catches, or 35

attempts to catch or kill any freshwater fish in any river,
lake, tributary, stream, or other water connected or com-
municating with such river, he shall, on summary convic-
tion before two justices, be liable to a fine not exceeding
forty shillings:

40

[ocr errors]

Nothing in this sub-section shall apply

A.D. 1878.
(a.) To the owner of any several fishery where trout,
char, or grayling are specially preserved destroying

within such fishery any freshwater fish other than 5

grayling;

(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

bait :
(4.) If any person during this close season buys, sells, or exposes
15

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

the person convicted shail be liable to a fine not exceeding 20

five pounds;
(6.) After every conviction under this section the person or

persons convicted shall forfeit all fish so caught, bought,
sold, exposed for sale, or in possession for sale, and shall

be liable, at the discretion of the convicting justices, to the 25

forfeiture of all instruments used in the taking of such

fish :
(7.) A board of conservators appointed under the Salmon Fishery

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
their 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.
35 12. The Fisheries (Dynamite) Act, 1877, which prohibits the use Extension of

of dynamite or other explosive substance for the catching or de- 408 41 Vict.
struction of fish in a public fishery, shall apply to the use of any private
such substance for the catching or destruction of fish in any
water, whether public or private, within the limits of this Act.

waters.

[blocks in formation]

Ordered, by The House of Commons, to be Printed,

2 July 1878.

[Bill 235.]

Under 1 oz.

« EelmineJätka »