(1) A person shall not

(a) permit to be used, use or attempt to use an explosive, a poison or any other noxious substance for the purpose of killing, stunning, disabling or catching fish, or in any way rendering fish more easily caught, or

(b) carryon board or possess or control without lawful authority at a place within a two kilometre radius from a shore or river, an explosive, a poison or any other noxious substance in circumstances indicating an intention of using that substance for any of the purposes referred to in paragraph (a).

(2) An explosive, a poison or any other noxious substance found on board a fishing vessel shall be presumed, unless the contrary is proved, to be intended for the purposes referred to in subsection (1) (a).

(3) A person who lands, sells, receives or possesses fish taken by a means which contravenes subsection (1) (a) and who knows or has reasonable cause to believe that the fish has been so taken, commits an offence and is liable on summary conviction to a fine of not less than

(a) $250,000 and no semi-industrial fishing vessel or a foreign fishing vessel, or more than $2 million in respect of a local industrial or

(b) twenty-five penalty units and not more than five hundred penalty units in any other case, and in addition, the catch, fishing gear or any other apparatus or any combination of them used in the commission of the offence shall be forfeited to the Republic.

(4) In proceedings for an offence under this section, a certificate as to the cause and manner of death or injury of a fish, signed by an authorised person or observer is, until the contrary is proved, sufficient evidence as to the matters stated in the certificate.

(5) In proceedings for an offence under this section, the defendant shall be given not less than fourteen days' notice in writing of the prosecution's intention to produce a certificate under subsection (4).