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FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 42

Penalty for using, etc., certain devices for taking fish.

42.(1) If, for the purpose of taking any fish, any person uses or has in his
possession or control in any river or on or near the banks thereof any light
or fire of any kind, he shall be guilty of an offence against this Act.

(2) If, for the purpose of taking any fish, any person uses or has in his
possession or control in any river or on or near the banks thereof, any otter,
[tailer or snare,] spear, strokehaul, gaff or other instrument of a similar
kind, he shall, subject to sub-section (3) of this section, be guilty of an
offence against this Act.

(3) Sub-section (2) of this section shall not apply to the use, possession or
control of

(a)a gaff [or tailer] used or to be used solely as an auxiliary to lawful
angling between sunrise and one hour after sunset, or

(b)a gaff [or tailer] used or to be used by the holder of a fishing licence in
respect of any box in a fishing weir or fishing mill dam solely for the
purpose of lawfully removing fish therefrom, or

(c)an eel spear used for taking eels.

(4) Every person guilty of an offence under sub-section (1) or (2) of this
section shall be liable on summary conviction thereof to a fine not exceeding
one hundred pounds or to imprisonment for any term not exceeding [six] months
or to both such fine and such imprisonment.


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© 1952 Crown Copyright

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