CLOSE TIMES. 227 



char, and the mere attempt to take them is also punishable. 

 The punishments are fine up to 5, and separate fines up to 

 1 for each fish unlawfully dealt with, and on a third 

 conviction imprisonment up to six months (which may be 

 with hard labour) at the discretion of the court. 1 There is 

 an exception in favour of scientific purposes, and it is provided 

 (perhaps superfluously) that a fisherman taking unseasonable 

 fish by accident incurs no penalty if he forthwith puts them 

 back in the water. It has also been judicially decided that 

 it is not an offence under the Acts to catch young salmon 

 in fishing for trout, and keep them in the mistaken belief 

 that they are trout. 



All salmon fishing is prohibited between the 1st of 

 November and the 1st of February ; between the 1st of 

 September and the 1st of November angling, but no other 

 kind of fishing, is allowed. 2 The close time may be varied 

 by the local conservators, but must begin not later than the 

 1st of November for nets, or the 1st of December for rods. 3 

 For putts and putchers a longer close time is fixed without 

 power of variation, from September 1st to May 1st 

 inclusive. 4 There are similar provisions as to trout and 

 char, 5 with similar power to the conservators to vary 

 the close time within the limits of September 2 and 

 November 2 for its beginning : 6 if they do not fix it 

 by any by-law, the close time is from October 2 to 



caught, even if during the open season ; thus a kelt would be an 

 unclean salmon, a clean run fish caught in December an unseasonable 

 fish." Willis Bund, Law of Salmon Fisheries, p. 336. 



1 1861, ss. 14, 15; 1873, s - l8 > sub-ss. (3) and (8); and (as to 

 penalties) 1865,5. 56. 2 1861, s. 17. 



3 1873, s. 39, (i). 4 1879 (42 & 43 Viet. c. 26). 



5 1865, s. 64, extended to char, 1873, s. 18, (7), and to all English 

 waters, whether salmon rivers or not, by the Freshwater Fisheries Act, 

 1878. 8 1876 (39 & 40 Viet. c. 19) ; 1878, s. 10. 



Q 2 



