Ordered, by The House of Commons, to be Printed,

[Bill 51]

Penalties.

A

BILL

TO

:

Amend the Law with respect to penalties for
illegal fishing by trawl Vessels.

BE

E it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, 5 as follows:

A.D. 1928.

1.-(1) Any person who uses any method of fishing Penalties in contravention of the sixth section of the Herring for contraFishery (Scotland) Act, 1889, or of any byelaw of the vention of 52 & 53 Vict. Fishery Board for Scotland duly confirmed proc. 23. ss. 6, 10 hibiting beam and otter trawling, shall be liable on or of byeconviction under the Summary Jurisdiction (Scotland) laws of the Acts to a fine not exceeding one hundred pounds Fishery for the first offence and, failing payment of the fine, Board to imprisonment for a period not exceeding sixty days; prohibiting

beam and

15 and for the second and any subsequent offence to a otter
fine not exceeding two hundred and fifty pounds, trawling.
and, failing payment of the fine, to imprisonment
for a period not exceeding one hundred and twenty
days, without prejudice in either case to diligence by

20 poinding or arrestment, if no imprisonment has followed
on the conviction; and every net set or attempted to be
set in contravention of the said enactment or of any such
byelaw and any fish found on board the offending vessel
or boat shall be forfeited and may be seized and sold
25 or otherwise disposed of by any superintendent of the
herring fishery or other officers employed in the execution

Penalties.

A.D. 1928. of the Herring Fisheries (Scotland) Acts, 1771 to 1890; provided always that if no conviction shall follow, any net so seized shall be forthwith returned and due compensation shall be made for any damage occasioned thereto by such seizure, and the price realised of any 5 fish sold as above provided shall be paid over to the owner or owners of such vessel or boat.

9 Edw. 7.

0.8.

Penalties for contravention of

under
Merchant
Shipping
Act, 1894,

(2) It shall be lawful for the sheriff in addition to the penalties provided under subsection (1) hereof in the case of a second or subsequent offence to suspend for 10 such period as he may think fit, or cancel the certificate of competency of any master or other person convicted of such offence and to suspend or cancel the certificate of registry of the offending vessel.

(3) The proviso contained in section four of the 15 Trawling in Prohibited Areas Prevention Act, 1909, shall not apply in the case of any proceedings taken under the Herring Fishery (Scotland) Act, 1889, for trawling within the prohibited areas defined in section five subsection (1) of the first-named Act or for con- 20 travention of section six of the Herring Fishery (Scotland) Act, 1889, or of any byelaw of the Fishery Board prohibiting beam and otter trawling.

2. It shall be lawful for the sheriff in the event of a conviction being obtained against any person on board 25 a trawl vessel, while within an area in which trawling is regulations prohibited, for contravention of the regulations for the registering, lettering and numbering of British seafishing boats made by Order in Council under the Merchant Shipping Act, 1894, and the Sea Fisheries 30 Act, 1868, or of the regulations for preventing collisions at sea made by Order in Council under the Merchant Shipping Act, 1894, in addition to the penalties therein provided to suspend for such period as he may think fit, or cancel the certificate of competency of any master or 35 other person so convicted and to suspend or cancel the certificate of registry of the offending vessel.

and Sea Fisheries Act, 1868.

3.-(1) The sheriff shall cause particulars of the conviction of any person under sections one and two and made under of any order made under subsection (2) of section one 40 and under section two suspending or cancelling the certificate of competency held by the person so convicted to be endorsed upon such certificate, and shall also cause a copy of these particulars to be sent to

Penalties.

the Board of Trade and to the Registrar General of A.D. 1928 Shipping and Seamen, who shall enter same in the register of certificates of competency kept by him.

to be

entered in

(2) The sheriff shall cause particulars of the con- registers.

5 viction of any person under sections one and two and of any order made under subsection (2) of section one and under section two, suspending or cancelling the certificate of registry of the offending vessel to be endorsed on such certificate of registry, and shall also

10 cause a copy of these particulars to be sent to the Board of Trade and to the Registrar of Shipping at the port of registry at which such vessel was registered, who shall enter same in the register book kept by him.

(3) Where an order has been made by the sheriff 15 under subsection (2) of section one or under section two, any person so convicted shall produce his certificate of competency, and the owner of the offending vessel shall produce the certificate of registry of such vessel, within a reasonable time, for the purposes of endorsement, 20 and on failure to do so, shall be liable on summary conviction to a fine not exceeding twenty pounds.

4.-(1) The trawling gear on board any trawler Penalties while within an area in which trawling is prohibited for failure shall be stowed away on board as follows: The otter to stow 25 boards of the trawl shall be made fast in their usual trawling gear while place within the gunwale of the boat and the nets shall in in probe detached from the boards, emptied of fish and made hibited fast either on or below deck.

(2) Any person convicted of an offence under this 30 section shall be liable to the penalties provided in section one hereof.

areas.

5. Section fourteen (2) of the Sea Fisheries Act, Amendment 1883, which relates to the punishment for obstructing of 46 & 47 sea-fisheries officers, shall have effect as if the words Vict. c. 22, 35 "two hundred pounds" were substituted for " fifty s. 14 (2). pounds."

6. The Herring Fishery (Scotland) Act Amendment Repeal. Act, 1890, and the Sea Fisheries Regulation (Scotland) Act, 1895, are hereby repealed to the extent specified 40 in the third column of the Schedule appended to this Act.

A.D. 1928.

Commence

Penalties.

7. This Act shall come into force on the first day of January, nineteen hundred and twenty-nine, and ment of Act may be cited as the Illegal Trawling (Scotland) Penalties Act, 1928.

and short
title.

[Bill 93]

To amend the Law with respect to
penalties for illegal fishing by trawl
Vessels.

Presented by Mr. MacKenzie Livingstone,
supported by

Sir Robert Hamilton, Sir Godfrey Collins,
Sir Robert Hutchison, Mr. Macpherson,
Sir Murdoch Macdonald, Mr. Morris,
Mr. Runciman, Mrs. Runciman,
and Major Sir Archibald Sinclair.

Ordered, by The House of Commons, to be Printed, 29 March 1928.

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