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Salmon and Freshwater Fisheries Act 1975
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1(1)Column 2 of the Table below gives a description of the offences against the provisions of this Act specified in column 1 of the Table, and in relation to any such offence—
(a)column 3 shows whether the offence is punishable summarily (that is to say, on summary conviction) or on indictment or either in one way or the other ; and
(b)column 4 shows the maximum punishment by way of fine or imprisonment which may be imposed on a person convicted of the offence in the way specified in column 3 (that is to say, summarily or on indictment), any reference in column 4 to a period of years or months being construed as a reference to a term of imprisonment for that period.
(2)A person guilty of an offence against any provision of this Act not specified in the Table shall be liable on summary conviction to a fine not exceeding £50 or, in the case of a second or subsequent conviction, £100.
TABLE
| Provision of Act creating the offence | Description of offence | Mode of prosecution | Punishment |
|---|---|---|---|
| (1) | (2) | (3) | (4) |
| Section 1 | Fishing with certain instruments for salmon, trout or freshwater fish and possessing certain instruments for fishing for such fish. | (a) If not acting with another, summarily. | £50; or in the case of a second or subsequent conviction £100. |
| (b) If acting with another— | |||
| (i) summarily | £100; or in the case of a second or subsequent conviction £200. | ||
| (ii) on indictment | Two years or a fine or both. | ||
| Section 4 | Discharging poisonous or injurious matter into waters containing fish or spawn. | (a) Summarily | £400 and £40 for each day on which the offence continues after a conviction thereof. |
| (b) On indictment | Two years or a fine or both. | ||
| Section 5(1). | Using explosives, poisons, noxious substances or electrical devices to take or destroy fish. | (a) Summarily | £200; or in the case of a second or subsequent conviction £400. |
| (b) On indictment. | Two years or a fine or both. | ||
| Section 5(3) | Destroying or damaging dams etc., to take or destroy fish. | (a) Summarily | £200; or in the case of a second or subsequent conviction £400. |
| (b) On indictment | Two years or a fine or both. | ||
| Section 19(2) | Fishing for salmon during the annual close season or weekly close time. | Summarily | £100; or in the case of a second or subsequent conviction £200. |
| Section 19(4) | Fishing for trout during the annual close season or weekly close time. | Summarily | £100; or in the case of a second or subsequent conviction £200. |
| Section 19(6) | Fishing for freshwater fish during the annual close season for freshwater fish and fishing for eels by means of a rod and line during that season. | Summarily | £100; or in the case of a second or subsequent conviction £200. |
| Section 19(7) | Fishing for rainbow trout during the annual close season for rainbow trout and fishing for eels by means of a rod and line during that season. | Summarily | £100; or in the case of a second or subsequent conviction £200. |
| Section 21 | Prohibition on use of certain devices at certain times. | Summarily | £100; or in the case of a second or subsequent conviction £200. |
| Section 27 | Fishing for fish otherwise than under the authority of a licence and possessing an unlicensed instrument with intent to use it for fishing. | (a) If not acting with another, summarily. | £50; or in the case of a second or subsequent conviction £100. |
| (b) If acting with another— | |||
| (i) summarily | £100; or in the case of a second or subsequent conviction £200. | ||
| (ii) on indictment | Two years or a fine or both. |
(3)A person shall be treated as acting together with another for the purposes of the above Table if both are engaged in committing an offence against section 1 or 27 above, other than one committed by means of a rod and line or without any instrument, or one is aiding, abetting, counselling or procuring the commission of such an offence by the other.
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