438 FOREIGN STATUTES. 



2. The several Acts liercuiKlcr nientioiied, niid all Acts ]iasse(l in 

 Acts inc.rponite,.! aineiiduieiit thereof respectively, are hereby iucorpo- 

 ■wiMi tills Act. rated with this Act, Tliat is to say — 



"The Oyster Fisheries Act, I860;" 

 "The Fish Protection Act, 1877;" 

 "The Fisheries (Dynamite) Act, 1878;" 

 "The Seals Fisheries Protection Act, 1878." 



3. Nothing contained in this Act shall apply to — 

 Persons, etc ex- n\ Auv pcrson usinft' a LindinQ-net to sccurc fish 



empteil li-om Act. ^ ' ix-j.i i it 



canght with a rod and line, nor to any 

 person using hand siirimp net; uor to 



(2) Any person taking lish in water of which he is the owner; 



nor to 



(3) Any person authorized by such owner to take fish in such 



water; nor to 



(4) Any person with the written permission of the Collector or 



other person duly authorized by the Commissioner of Trade 

 and Customs to grant such permission, taking fish or ova, 

 or oysters or oyster brood, for the bona fide purpose of 

 ascertaining and verifying the existence or increase of 

 such fish or oysters, or of removing them to stock other 

 waters ; nor to 



(5) Any nets, tackle, or boats used, or lish or oysters taken by 



such person ; nor to 



(6) Any person who, having unintentionally taken any fish or 



oysters contrary to the provisions of this Act, shall imme- 

 diately return the same with as little injury as possible to 

 the water. 



4. In this act, if not inconsistent witli the context — 

 luterprotat.on. " Collcctor " iiieaus a Collcctor of Customs or other 



principal officer of Customs at any port. 



"(Commissioner" means the Commissioner of Trade and Customs. 



"Close st'ason" means the time during which it is declared un- 

 lawful to take any species of fish, oysters, or seals; and 

 applies to such season, however the same may be varied or 

 extended. 



"Fish" means and includes all iish and mammalia inhabiting the 

 waters of the colony, whether indigenous or not, their young 

 or fry and spawn. 



"Oysters" means and includes shore oysters, rock oysters, and 

 mud oysters. 



"Prescribed" means ])rescribed by this Act or by regulations. 



"Seals" includes all kind of seals and their young. 



"Take" means and includes "kill," or "catch," or "dredge for," 

 or "raise," or "hunt." 



"This Act" includes the Acts incorporated herewith and all reg- 

 ulations made thereunder. 



" Use " includes " attempt to use" or " assist in the use of." 



" Vessel" includes any ship or Vessel of any tonnage, construc- 

 tion, or descrijjtion. 



" Waters" means any salt, fresh, or brackish waters in the colony, 

 or on the coasts or bays thereof; includes artilicial waters, 

 but does not include waters the property of any private per- 

 son. 



