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14 1959

FISHERIES (CONSOLIDATION) ACT, 1959

Chapter II.

Pollen.

Annual close season for pollen.

148. —(1) In this Act, the expression “the annual close season for pollen” means, in relation to any locality,

(a) in case any bye-law under this Act is for the time being in force, fixing the period during which it is unlawful to take pollen in that locality, the period so fixed,

(b) in any other case, the period commencing on the 1st day of November in any year and ending on the 31st day of January in the next following year.

(2) The provisions set out in the Fifth Schedule to this Act shall apply in relation to bye-laws altering the annual close season for pollen.

Penalties for fishing for, etc. pollen during the annual close season for pollen.

149. —(1) if any person wilfully fishes for or takes or aids or assists in taking or fishing for pollen during the annual close season for pollen, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine of not less than two pounds and not more than twenty-five pounds, together with a further fine of two pounds for every pollen so taken by him.

(2) Where a person is convicted of an offence under this section, every pollen taken by him and the fishing engine used in the commission of the offence shall, as a statutory consequence of conviction, stand forfeited.

Penalties for buying, etc. pollen during the annual close season for pollen.

150. —(1) If any person buys, sells, exposes for sale, or has in his custody or possession any pollen taken from any waters, during the period which is, in relation to those waters, the annual close season for pollen, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine of not less than two pounds and not more than twenty-five pounds, together with a further fine of two pounds for every such pollen so bought, sold or exposed for sale by him or so in his custody or possession.

(2) Where a person is convicted of an offence under this section, every pollen in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.

(3) In any proceedings under subsection (1) of this section, proof that a person bought, sold or exposed for sale or had in his custody or possession any pollen during the period which is, in relation to any waters, the annual close season for pollen shall be prima facie evidence that such pollen was taken during the period which is the annual close season for pollen in the waters from or in which such pollen may have been taken.

(4) In this section the word “waters” includes any river, lake, estuary or any part of the sea adjacent to the coast.