IN BANCO.

Dominion, Volume 4, Issue 960, 29 October 1910, Page 14

IN BANCO.

CATCHING HERRINGS. , AN IMPOSSIBLE REGULATION. ' Tho validity of a fishing regulation was discussed before Mr. Justice Cooper yesterday on an appeal from a decision of Mr. A. D. Thomson, S.M. The plaintiff, Joseph Smith, of Upper Hutt,. ranger for tho Wellington Accli-, matisation -Society, had charged Charles' Crabbe, of Otaki, settler, with having, on March 17, 1910, fished in the Otaki River without having obtained a. license, contrary to Regulation 13, under the Fisheries Act. Defendant had pleaded not guitly, and the' magistrate had dismissed tho case. It was proved at the hearing that the defendant was fishing with a rod and lino and caught' two herring. The magistrate held that the regulation absolutely prohibited the taking of _ herring in the Otaki River, and that in so doing it was ultra vires, the statute not giving the Governor power to make such a regulation. . . His Honour said that the regulations wero not confined to fresh or brackish rivers, but applied also to every saltwater river in New Zealand. If it were enforced all mullet-canning works on different rivers would have, to be abandoned. There could be no catching of any native fish in such rivers. In the Auckland district a large proportion of the flounders takon were caught from the banks of salt-water rivers. Yet the intention of the regulation wa-s solely to protect trout and perch. If tho appeal succeeded, it would be illegal to catch almost any kind of fish in any river at any time of the year. Tho Maoris would not be able to fish for eels.

Mr. A. Gray appeared for the Acclimatisation Society. 'Hie respondent was not represented by counsel. His Honour, without asking' the respondent to argue, held that the regulation was ultra vires, and dismissed tho appeal without costs. In /doing so, lie said that tho enforcing of, the regulation would be to close the/fish markets throughout the Dominion, except for ocean fishing. . It would prohibit the taking of any nativt. fish, without respect of season for all time, except

in the ocean. Tho only fish that could bo taken in the rivers would be Balmpn, salmon-trout, and perch. Placing such a regulation was outside the scope of the Act, and ultra vires of the Governor.