SEA FISHERIES ACT.

Otago Daily Times, Issue 13875, 12 April 1907, Page 7

SEA FISHERIES ACT.

'A CONVICTION SUSTAINED. ■Ih tho Magistrate's Court on January 15 F. W. Leslie was clmrgcd on the information of Willi™ Frederick Beck, Iho Otago Acclimatisation Society's ranger, that, on Dcceinbsr_ 1, he did unlawfully place a net within half a mil© of tho mouth of tlio "Water of Leith, being u stream in the Southern Acclimatisation Society's district, in which trout existed, contrary to tho provisions of " Tho Conservation Act, 1884." Mr \v; C. MocGregor, who appeared for tho socicty, paid the information was kid under regulations mado in 1901. Those regulations, however, had not always been enforced, hs, owing to' certain decisions by southern magistrates, it had been considered questionable whether thoy wero valid as far as salt water was concerned, hut, with a view lo Raping £ho matter beyond dispute* a Validation Act was passed last session. Mr Irwin submitted that the act of 1694 repealed by implication the Fisheries Conservation Act ox Ifi&l, so far as it applied to sea fishing, that tlio Statutes Repeal Act of 1902 did the samo thing in express terms, and that tho act of 1006 ropoalcd the effect of tho act of 1902, so as to leavo tho definition cit waters as it was bofore tho act of 1902, l'ho word "wators" was limited strictly to fresh waters. The Magiatrato (Mr Widdowson) convicted the accused on March 26. Mr Irwin moved in tlio Supremo Court, baforo Mr Justice Williams, .for a rule absolute restraining tho society and tho • magistrate from procoedim; in tho matter. His Honor's judgment, which v?as road in tho Supremo Court yesterday by tho registrar, upholds tho conviction against Leslie. Tho judgmont was as follows:—" Tho only way in which a meaning can be given to section 4 of •' Tho Fisheries Conservation Acta Amendment Act, 1900/ j B lo hold that tho definition of 'waters' as set out in tho principal act of 1891 is to bo reinstated, and that thonccforlh tlmt definition in tq form part of tho act. Tho fifth .section of tho act nf 190G provides that all regulations made under tho principal act shall be deemed to bo as valid and effectual as if made after the passing of tho act of 1906. 'l'ho accused was conyictoa under regulations niado in 1901, and tho effect of section 5 was to validafo three regulations. It might bo contended, however, that although the dofmitioa is restored, yet, as section 7!l of ' Tho Sea Fisheries Act, 1K14,' ropeals * Tho Fisheries Conservation Act, ISB'l, so far as it rolatea to sea fishing, this rcgulatioiris ultra vires as relating to tea fishing. Iho regulation, however, is not for regulating sea fishing, but for the purpose qE protecting fish which havo their 'habitat in Mi wators from being netted at tho mouths of rivors. I do not think soction 73 repeals tlio powers given by tho act of 18S4 for tho protection, of fresh water fish in salt or brackish waters. No doubt the Fisheries Conservation Acts and' tho Sea Fisheries Acts overlap to somo oxtcnt, and havo been mado to overlap still inoro by 'Tho Sea Fisheries Ac, 199u, which makes tho definition of waters in the Sea Fisheries Act extend to fresh water Rule discharged, with costs (£8 mj and disbursements."