Advice on Protection of Sea Life act?

[jack29091989]

I am an amateur fisherman and i have accidentally caught a small shark in a net and I am not sure whether i have committed an offence under the act. Can anyone advise me please?

[Stu Dent]

Jack, my advice would be to spend more time in the law library and less time in the pub or in front of the telly.

You are no fisherman, and you have slightly less interest in fishing than you do for the rules of statutory interpretation.

Do your own work!!

[Nether Edge]

What an unhelpful post from Stu Dent. The forum's whole point is to trawl - sory - for others' advice!

I assume that you are raising a question under English law. The Act mentioned by you does not exist.

Much will depend whether your shark was in UK waters or external (international) waters. If UK, there might also be local authority bye-laws for the area concerned.

I cannot trace any legislation specific to sharks. However, try the "Fisheries" title of Halsbury's Statutes- volume 19. Also scan for "sharks" on ask.com or google.

Or, if all else fails, contact Stephen Spielberg?

[auzzie]

How can you "accidently" catch a shark in a net. If you are using a net to fish you will surely catch things other than fish, wouldn't you? So how can it be an accident?

[teag1rl]

I think Stu dent has a point actually! Dont blame you for trying though Jack-best of luck!

[Stu Dent]

Thank you, teag1rl. The point of the forum is for people to find the answers to any questions they may have, yes. Is it here to help lazy law students to pass exams, or more likely, gain a pass from an assignment? Surely not!

Jack asks quite a few legal questions on a variety of topics - so if he's not a fly law student, then he must be a serial criminal, or just incredibly unlucky. Personally, I think he's just a cheat, and that's put genuine students at a disadvantage, and increases the risk of universities placing more emphasis on exams in place of continuous assessment due to internet cheating. So if your not happy, Nether, tough!

If the Act is genuine, the questioner, (the law school) is asking Jack to go find legislation. Once found, is it current? If so, interpret the statute and apply the known facts to the law, deciding if an offence was committed. If the Act is fictitious then it would appear the questioner is asking you to treat the Act as if it were real for the purposes of the assignment (I'd imagine you'd be told this). If so, Jack may wish to consider issues like Mens Rea, Strict Liability, the Reverse Burden of Proof, and possibly Human Rights issues. Because the word 'accidentally' provides a clue - but interestingly, so does 'Aussies' question!

It is impossible to tell whether the 'Protection of Sea Life Act' exists or not without visiting the law library. Just cos it's not on the OPSI website doesn't mean it's not current law. So in fact Nether, the "advice" I gave Jack was much more helpful than your's. You might pass an exam or two by cheating, but in the end, a lawyer has to know how to find the law for his/herself. Jack is far more likely to be a good student or future practitioner if he does his own work, instead of getting you, or I, to do the work for him. It's hard work, but it's supposed to be.
:-)

[jack29091989]

thankyou stu dent but i am only lookin for hints and tips with my assignments as i have never covered the topic, statutes before. thankyou anyway.