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5

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 beyond the limits of the Salmon Extent.
Fishery Acts, 1861 to 1876.
10 4. This Act shall come into operation from and immediately Commence-

after 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, Extension of (which relate to fishing with lights, spears, and other prohibited Salmon Fish15 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.
as used in section sixty-four of the Salmon Fishery Act, 1865, shall

include any such water.
20. 6. (1.) In this section the term “freshwater fish ” includes all Close season

kinds of fish other than trout and char which live in for fresh-
fresh water, except those kinds which migrate to or from

the open sea :
(2.) The period between the first day of March and the thirty-
25

first day of May, both inclusive, shall be a close season

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

attempts to catch or kill any freshwater fish he shall, on

summary conviction before two justices, be liable to a fine 30

not exceeding forty shillings :

trout and

water fish.

A.D. 1878. (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 Secre-
tary 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. Extension of 7. The Fisheries (Dynamite) Act, 1877, which prohibits the use 15 40&

41 Vict. of dynamite or other explosive substance for the catching or dec. 65 to private struction of fish in a public fishery, shall apply to the use of any waters. such substance for the catching or destruction of fish in any

water, whether public or private, within the limits of this Act.

A.D. 1878. (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 Secre-
tary 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. Extension of 7. The Fisheries (Dynamite) Act, 1877, which prohibits the use 15 40& 41 Vict. of dynamite or other explosive substance for the catching or dec. 65 to private

struction 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.

waters.

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