Prohibited fishing methods

(1) A person who– (a) permits to be used, uses, or attempts to use any explosive, poison, or other noxious substance for the purpose of killing, stunning, disabling, or catching fish, or in any way rendering fish more easily caught; or (b) permits to be carried, carries or has in his possession or control any explosive, poison, or other noxious substance in circumstances evidencing an intention of using the explosive, poison, other noxious substance for any of the purposes referred to in paragraph (a), commits an offence and is liable on summary conviction to a fine not less than five thousand nor more than one hundred thousand dollars or imprisonment for a term not exceeding five years or both. (2) An explosive, poison, or other noxious substance found on board any fishing vessel shall be presumed, unless the contrary is proved, to be intended for the purposes referred to in sub-section (l)(a). (3) A person who lands, sells, receives, or is found in possession of any fish taken by any means which is in contravention of sub-section (1)(a), commits an offence and is liable on summary conviction to a fine not less than five thousand dollars nor more than one hundred thousand dollars or 48 Fisheries Resources to imprisonment for term not less than six months nor more than two years, or to both fine and imprisonment. (4) In any proceedings for any offence against this section, a certificate as to the cause and manner of death or injury of any fish, signed by the Fisheries Administrator, or by a person authorized by him in writing, shall, until the contrary is proved, be sufficient evidence as to the matters stated in the certificate. (5) In any proceedings for any offence against this section, the defendant shall be given not less than fourteen days’ notice in writing of the prosecution's intention to adduce a certificate under sub-section (4).