Section 48 Penalties for taking, buying, etc., unseasonable salmon or trout.

Every person who at any time wilfully takes, kills, destroys, buys, sells, exposes for sale or has in his custody or possession any unclean or unseasonable salmon or trout, shall be guilty of an offence against this Act and shall be liable on summary conviction thereof to a fine not exceedingF1 level 3 on the standard scale or to imprisonment for any term not exceeding [F2 six] months or to both such fine and such imprisonment.

Where a person is charged with taking a salmon or trout in contravention of this section it shall be a good defence to prove that such salmon or trout was taken accidentally, and was returned without injury to the water immediately upon being taken.