IMPORTANT TO FISHERMEN.

Manawatu Herald, Volume XXIX, Issue 3763, 13 April 1907, Page 4

IMPORTANT TO FISHERMEN.

Net Fishing. A Legal Decision. Dunedin, April n. The question of the legality or otherwise of net fishing at the mouths of streams has been in dispute for some time. Early this year the Otago Acclimatisation Society, through one of its rangers (Mr Beck), proceeded against one F. W. Leslie for placing a net at the mouth ol the Water o’ Leith, and the defendant was convicted by the Magistrate (Mr Widdowson). On March 26th last Mr Irwin, on behalf ol Leslie, moved in the Supreme Court before Mr Justice Williams for a rule absolute restraining the Acclimatisation Society and Mr Widdowson from proceeding in the matter of this conviction, on the ground that the regulation under which it was secured were ultra vires, the Act authorising them having been repealed. His Honor’s judgement stated ” the only way in which a meaning oan be given to section 4 of the Fisheries Conservation Acts Amendment Act 1906, is to hold that the definition of ‘waters’ as set out in the principal Act of 1884 is to be reinstated, and thence-forth that the definition is to form part of the Act- The fifth section of the Act of 1906 provides that all regulations made under the principal Act shall be deemed to be as valid and effectual as if made after the passing of the Act of 1906. Accused'was convicted under regulations made in 1904, and the effect of section 5 was to validate these regulations. It might be contended, however, that although the definition is restored, yet as section 73 of the Sea Fisheries Act, 1894, repeals the Fisheries Conservation Act of 1884, so far as it relates to sea-fishing, this regulation is ultra vires as relating to sea fishing. The regulation, however, is not for regulating sea fisniug, but for the purpose of protecting fish which have their habits in fresh water from being netted at the mouths of rivers. Ido not think that section 73 repeals the powers given by the Act of 1884 for the protection of fresh water fish in salt or brackish waters. No doubt the Fisheries Conservation Acts and Sea Fisheries Acts overlap to some extent, and have been made to overlap still more by the Sea Fisheries Act, 1906, which makes the definition of waters in the Sea Fisheries Act extend to fresh water. Rule to discharge with costs {£6 6s) and disbursement.”