Section 2 Persons unlawfully fishing or trespassing in any mussel fishery deemed guilty of an attempt to commit theft.

If any person shall unlawfully use any dredge, or any net or instrument or engine whatsoever, or shall trespass within the limits of any mussel bed, scalp laying, or fishery in Scotland, being the property and in the lawful occupation of any other person or persons or body corporate or politic, and sufficiently marked out or known as such, for the purpose of taking mussels or mussel brood, though none shall be actually taken, or shall, with any net, instrument, or engine, or with the hand or otherwise, drag or fish upon the ground or soil of any such mussel bed, scalp laying, or fishery, every such person shall be deemed guilty of an attempt to commit theft, and being convicted thereof before the F1sheriff principal of the sheriffdomshall be liable to be punished by fine or imprisonment, or both, as the court shall award, such fine not to exceed F2level 1 on the standard scale, and such imprisonment not to exceed three calendar months.