Fisheries Act · 2024 Revised Edition · Part · Offences and Penalties
31. Fishing with explosives etc.
Official textFrom Attorney General's Chambers, unchanged
Any person who —
uses or attempts to use any explosive, poison, pollutant or other noxious substance, apparatus, prohibited gear or any other thing, for the purpose of killing, stunning, disabling or catching fish, or in any other way rendering such fish more easily caught;
is found in possession of any explosive, poison, pollutant or other noxious substance, apparatus, prohibited gear or any other thing, with the intention of using such explosive, poison, pollutant or other noxious substance, apparatus, prohibited gear or thing, for any of the purposes referred to in paragraph (a);
is found in possession of fish which has been captured with the aid of any explosive or poisonous substance and who does not give a satisfactory account as to how he came to be in possession thereof; or
is found in possession of fish that is a prohibited species under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) has been taken in contravention of
Fisheries the provisions of this Act, knowing or having reasonable cause to believe that it is such a fish, is guilty of an offence.
Any explosive, poison, pollutant or other noxious substance, apparatus or prohibited gear or any other thing referred to in subsection (1)
found in the possession of any person shall be presumed to be intended to be used for any of the purposes referred to in subsection (1)(a) unless the contrary is proved.
Terms defined in s 2
fish
Defined · s 2“fish” means any aquatic animal or plant life, whether sedentary or not, and includes all species of fin fish, crustacean, molluscs, aquatic mammals or their eggs or spawn, fry, fingerling, spat or young, but does not include any species of otters, turtles or their eggs;
fishing
Defined · s 2“fishing” means — (a) the catching, taking or killing of fish by any method; (b) the attempted catching, taking or killing of fish; (c) engaging in any activity which can reasonably be expected to result in the catching, taking or killing of fish; or (d) any operation in support of or in preparation for, any activity described in paragraph (a), (b) or (c), but does not include sportsfishing;
Part
Enforcement
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Jurisdiction and Evidence
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