FISH RESOURCES MANAGEMENT ACT 1994 - SECT 210

FISH RESOURCES MANAGEMENT ACT 1994 - SECT 210

210 .         Fish on fishing boats and commercial premises etc. presumed to be for sale

        (1)         In any proceedings for an offence against this Act, if it is proved that —

            (a)         any fish were on a fishing boat; and

            (b)         the fish were taken by, or in the possession of, any person on that boat,

                it must be presumed that the fish were taken by, or in the possession of, the person for the purpose of sale unless the contrary is proved.

        (2)         In any proceedings for an offence against this Act, if it is proved that —

            (a)         any fish were at a place in, on or from which fish were ordinarily sold (whether as meals or otherwise); and

            (b)         the fish were in the possession of any person (other than a customer),

                it must be presumed that the fish were in the person’s possession for the purpose of sale unless the contrary is proved.

        (3)         In any proceedings for an offence against this Act, if it is proved that —

            (a)         any fish were at a place specified in a fish processor’s licence as the place at which fish may be processed under the licence; and

            (b)         the fish were in the possession of any person,

                it must be presumed that the fish were in the person’s possession for the purpose of sale unless the contrary is proved.