Section 43 Defences to charges under section 41.

Where a person is charged under section 41 with an offence which consists of taking fish which he is not licensed to take, it shall be a good defence for him to prove that, at the time when that fish was taken, he was engaged in lawfully fishing for another kind of fish and that the first-mentioned fish was taken unintentionally and, immediately upon being taken, was returned to the water without any avoidable injury.

Where a person is charged under section 41 with an offence which consists of having a fishing engine in his possession as mentioned in subsection (2) of that section, it shall be a good defence for him to prove that he had the fishing engine in his possession as manufacturer or seller thereof and not for the purpose of using it.