Fisheries Offences

It is an offence to use, in any water, any deleterious material or matter for the capture, destruction, or injury of fish.A person who has any such matter under their control, on the bank or near any waters, is guilty of an offence. It is a defence for the person to prove that the deleterious matter was in their possession or control for an innocent purpose.

The offences are subject to summary conviction for a fine of up to £500 and six months’ imprisonment or, on conviction on indictment, up to two years’ imprisonment and an unlimited fine. Any person who causes or knowingly permits any deleterious material to enter waters is guilty of an offence.

This is subject to the statutory maximum fine on summary conviction or to a fine or imprisonment on conviction on indictment. In each of the above cases, there may be a continuing offence at a daily rate of one-twentieth of level five on the standard scale.

A person convicted may be ordered to reinstate the waters as is reasonable in the circumstances, or an order may be made for the recovery of the costs thereof. Questions as to the reasonableness of reinstatement or costs to be recovered may be referred to arbitration.

None of the above prejudices the right of the owner of fishing rights to bring civil proceedings against the person convicted, provided that account is taken of any reinstatement carried out.

Any person who wilfully takes, sells, or purchases, or has in their possession, the spawn or fry of any salmon, trout, or eels; or wilfully obstructs the passage of any fry of salmon, trout, or eels; or injures or disturbs the spawn or fry of salmon, trout, or eels; or injures or disturbs any spawning bed, bank, or shallow where the spawn or fry of salmon, trout, or eels may be, is guilty of an offence.

There are defences for owners of an eel or several fishery in transporting fish upstream, removal from a system of waters for the purpose of preserving them from some danger, real, actual, or reasonably apprehended, provided they are returned to an adjacent safer part of the same system of waters without avoidable injury, as soon as practicable.

It is an offence to remove material from the bed of any river without the consent of the Department or otherwise under the conditions of consent granted by the Department. There is provision for the application for consent with provision for appeals to the Appeals Commission.

Any person who chases, injures, or disturbs spawning fish or fish on the spawning beds or attempts otherwise than by means of lawful angling with rod and line to catch fish thereof is guilty of an offence. Any person who at any time wilfully takes or kills or who knowingly buys, sells, or exposes for sale or has in their custody or possession any unseasonable salmon or trout is guilty of an offence.

It is subject to summary conviction to a fine of up to £500 plus £50 for each salmon and £10 for each trout or up to six months’ imprisonment. It is subject to conviction to an unlimited fine and imprisonment up to two years.

A person who buys, sells, or offers for sale or has in their possession for sale any salmon or trout which is immature is guilty of an offence subject to summary conviction to a fine of up to £500 or up to six months’ imprisonment. Immature means that the fish is of a length less than that prescribed by regulations or, if none is prescribed, 20 centimetres.

A person who wilfully takes, kills, or destroys or buys, sells, offers, or exposes for sale or has in their custody any undersized pollen is guilty of an offence. Size is once again prescribed by regulations or is no less than 19 centimetres. Where a natural obstruction in a river prevents or impedes the free passage of fish, the Department may, on application by a person interested in the fishery in the river, authorise construction of works or the making of alterations in the bed of the river so as to secure the free passage of fish at all times or construct such works or alterations, if the works will not impair the effective working of any mill or the drainage of any land.

The works may only be exercised in accordance with plans and specifications approved by the Department. Where the works are authorised, the Department may, by agreement with a person who makes the application, cause the works to be done. The Department may do such things as are authorised under drainage legislation, including clearing, widening, and deepening of watercourses. There is provision for the costs of the works.