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Dismantlement of salmon fishing weirs and fishing mill dams during the annual close season for salmon and trout.
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129.—(1) In this section—
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the expression “salmon weir” means any weir being—
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(a) a fishing weir for taking salmon, or
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(b) a fishing mill dam for taking salmon;
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the expression “moveable parts” means, in relation to a salmon weir,—
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(a) the inscales and heck of every box in such salmon weir, and
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(b) all other fittings and articles used in connection with the boxes in such salmon weir which are capable of removal;
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the expression “the annual close season” means the annual close season for salmon and trout.
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(2) Within thirty-six hours of the commencement of the annual close season, all the moveable parts of a salmon weir shall be removed and carried away therefrom.
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(3) The moveable parts of a salmon weir shall not be placed therein or thereon earlier than thirty-six hours before the expiration of the annual close season.
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(4) During the annual close season (except the first and the last thirty-six hours thereof) the moveable parts of a salmon weir shall not be allowed to remain therein or thereon.
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(5) If in respect of any salmon weir the provisions of subsection (2), (3) or (4) of this section are contravened (by act or omission) the occupier thereof shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds and, in the case of a continuing offence, a further fine not exceeding five pounds for every day during which the offence is continued.
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(6) Where the occupier of a salmon weir is convicted of an offence under this section, every moveable part in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.
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(7) Nothing in subsection (5) of this section shall be construed as rendering liable to any penalty any occupier of a salmon weir who was prevented by floods, storm or stress of weather from complying with subsection (2) of this section during the continuance of such prevention.
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(8) Where the occupier of a salmon weir is convicted of an offence under this section—
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(a) the Minister may cause to be removed from such salmon weir the moveable parts in respect of which such offence was committed,
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(b) where the Minister removes the said moveable parts he shall be entitled to recover as a simple contract debt in any court of competent jurisdiction from the said occupier the expenses incurred in so doing.
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(9) Where—
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(a) the predecessor in title of an owner of a salmon weir was, on the 10th day of August, 1842, entitled by patent charter or otherwise to a right of fishing for eels therein, and
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(b) the said predecessor exercised such right before the said date,
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the owner of such salmon weir shall not be liable to any penalty under subsection (5) of this section by reason of his placing, hanging or using eel nets or other engines for taking eels in the eyes or gaps of such salmon weir, if such eel nets or engines are used only in conformity with the Acts and are hung only in four-fifths in number of the eyes or gaps of such salmon weir, and the other one-fifth of such eyes or gaps, in addition to the free gap (if any) therein, are kept free and unobstructed for the free passage of fish, but this provision shall not exempt such owner from liability under section 127 if any salmon or trout are taken in such salmon weir during the annual close season.
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