2 Edw. VII.                      Fisheries Act                                 1902.           1003

No. 119.

ACT No. CXIX., 1902.

An Act to remodel the law relating to the Fisheries of New South Wales ; to substitute for the Commis­sioners of Fisheries a board to be called the Board of Fisheries for New South Wales to repeal the various Acts relating to the fisheries and fishing in tidal and inland waters and to fishing-nets and other instruments for the capture of fish, the promotion of oyster culture and the regulation of oyster-fisheries, and to make better provision in relation thereto ; to provide for the leasing in certain cases of Crown lands below high-water mark and in inland waters for the establishment of.fisheries; for the leasing for oyster-culture of Crown lands in or abutting on tidal waters ; for regulating the weights or dimensions of marketable fishes, including oysters, crayfish, and prawns ; for the improvement of the supply of fish to consumers; the promotion and development of the industry of fishing ; and for other purposes connected with or incidental to the matters aforesaid.   [Assented to, 29th December, 1902.]

BE  it enacted by the  King's Most Excellent Majesty, by and with the advice and con3ent of the Legislative Council and Legislative   Assembly   of   New   South   Wales   in   Parliament assembled, and by the authority of the same, as follows :—

PART I.

Preliminary.

1. (1)   This   Act  may  be  cited as   the "Fisheries   Act, shon title and 1902," and is divided into Parts, as follows:— PART I.—Preliminary—ss. 1-3. PART II.—Administration—ss. 4-10. PART III.—Net and line fishing—ss. 11-32. 2 Edw. VII. …….

22.  The setting of any net, netting, brushwood, or other substance across  or  within   any bay, inlet, river, or   creek, or f across or around any fiat, in tidal  or inland waters, in such a manner that fish enclosed thereby are, or may be left, stranded, or that  immature  fish  may   be   destroyed   thereby, is   hereby declared to be an offence under this Act.

It shall be unlawful to place, set, or use in inland waters an}' trap or device enclosed with wire or wire netting with wings so attached as to impede the free passage of fish on either side of the trap or device, and any person found offending against this section shall be liable to a penal of not exceeding two pounds, and such trap or device and wings shall be forfeited.

23.   (1) If any person shall without lawful authority have : in his possession, or on his premises, or in his boat, or shall sell or consign for sale, any fish of any of the species mentioned  in i the Second Schedule hereto of a less weight or size than that set i opposite the name of such fish in such Schedule, or prescribed by any regulation, he shall be liable to a penalty not exceeding two pounds for the first offence, and for the second or any subsequent offence to a penalty not exceeding five pounds.

(2)   All  such underweight and undersize fish, shall be forfeited and be disposed of in accordance with the regulations.

(3)  Any inspector may  seize any fish which are liable to forfeiture  under this section, and take the same before any justice, or any officer or person authorised by the board in that behalf who, upon test thereof, shall declare whether or not such fish are under weight or under size, and if he declare them to be so, shall order them to be forfeited   and to be disposed of   in accordance with the regulations.

(4) The provisions of this section shall not apply to any curator of a museum or zoological collector holding a permit from the board, or to a member of the board, or any inspector, or to any aboriginal taking or being in possession of fish for his own consumption.

(5) If any person shall at any time either sell, or cause to be sold, or shall cffer or expose for sale, or shall have in his possession or control for purposes of sale any fish known as or called the ' Crayfish " of a size less than that prescribed in the Second Schedule, or any female of such fish of whatsoever size having eggs or spawn attached beneath its body, or which has been captured wit':: eggs or spawn so attached, he shall, upon conviction, forfeit and pay for every such -offence a penalty or sum not exceeding five pounds.