THE FISHERIES ACT.

Lyttelton Times, Volume CXXII, Issue 15533, 6 February 1911, Page 2

THE FISHERIES ACT.

ALLEGED BREACHES AT LAKE ELLESMERE. At the Leeston Magistrate’s Court on Friday, before Mr H. W. Bishop, S.M., Mark Edwards and Robert Wallace were charged with fishing for trout at Lake Ellesmere otherwise than with rod and line and with using a net for taking trout from the lake. Mr G. B. Ritchie appeared for the Canterbury Acclimatisation Society, and'Mr J. A. Cassicly for defendants, who pleaded not guilty. / Mr* Ritchie stated that there were special regulations governing fishing at Lake Ellesmere. The defendants had a right to catch indigenous fish, but not trout. Lake Ellesmere was excepted from the regulations of 1390, but there were special regulations which gave the Acclimatisation Society the sole right to control fishing in the lake. William Cobbledick, ranger for the Acclimatisation Society, said ho saw the defendants fishing in the proper area early on January 5. Later in the day he saw them throwing trout from their boat, and still later fishing within the protected area. They set their nets that night, and next morning, in company with Constable Moriartv, he inspected tho contents of defendants’ cart, finding forty-seven trout, twentyone of which had been cleaned. Many of the trout showed net marks. The cart also contained nine undersized flounders. He saw no rod or line in the trap or boat. Edwards was a fisherman who fished tor flounders. Constable Moriarty gave corroborative evidence. P. J. Delacour said he saw defendants catching flounders ancl trout in their net, but they put the trout back in the water, They had no rod or line. Stephen Archer also gave evidence. Mr Cassidy contended that the regulations under which the charges were laid had been revoked and were overruled by the regulations of 1907. He suggested an adjournment to Christchurch for the production of evidence in support of his contentions and in order that tho proper regulations might be obtained. Tho Magistrate agreed to this course. Mark Edwards was charged with having in his possession flounders under the regulation size ancl with being engaged in fishing while, his boat was unlicensed. Robert Wallace was also charged with having undersized flounders in his possession. Evidence was given by William Cobbledick and Constable Moriarty. On behalf of Wallace it was contended by Mr Cassidy that he was only assisting Edwards in the management of his boat. The Magistrate said he regarded the offence of taking undersized flounders as a serious one. Edwards would he fined £5 on that charge and 10s on the charge of using an unlicensed boat. Wallace would be fined 20s for having undersized flounders in his possession. Defendants were allowed a week in which to pay the fines.