Section 88 Taking salmon or trout unlawfully killed or found dead.

Northern Ireland

(1)

A person who by any means removes or causes to be removed from any waters—

(a)

any salmon or trout which has been injured or killed otherwise than by lawful means; or

(b)

any salmon or trout which has been found dead, from any cause whatever, by that person;

shall be guilty of an offence.

(2)

Subsection (1) shall not apply to any of the following persons—

(a)

any person acting under the authority of the Ministry; or

(b)

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

any owner of a fishery in those waters; or

(d)

any agent of the owner of a fishery in those waters; or

(e)

any member of the Royal Ulster Constabulary; or

(f)

[F2 any person acting under the authority of a district council].F3 or

(g)

any private water bailiff appointed to protect those waters.

(3)

Where a person is charged with an offence under this section in respect of any fish it shall be a good defence to prove that he removed the fish from any waters, or caused it to be so removed, solely for the purpose of delivering it to a person designated in any of paragraphs ( a) to ( f) of subsection (2), and that he did so deliver it before being required to do so by any such person.

Annotations

Textual amendments

F1: S. 88(2)(b) repealed (1.6.2009) by Public Authorities (Reform) Act (Northern Ireland) 2009 (c. 3), ss. 1(3)(b), 6, 7(1), Sch. 1 Pt. 2 para. 3(23), Sch. 3 (with Sch. 1 Pt. 1 para. 4(3)); S.R. 2009/172, art. 2(b)(e)
F2: SRO (NI) 1973/343
F3: 1991 NI 13

Notes on the whole Act

Textual amendments

F1: App. (hovercraft), SI 1972/971