Fisheries (Consolidation) Act, 1959

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Prohibition of placing or using fixed engines, etc. at mouths of rivers less than one half mile in breadth.

103.—(1) If within one mile seaward, coastward or inward from or on either side of the mouth of any river (being a river the inland portion of which is frequented by salmon and the mouth whereof is at low water of ordinary spring tides less in breadth than half a mile) any person other than the proprietor of a several fishery within the limits thereof, places, erects, fishes with or uses any fixed engine, then—

(a) such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding thirty pounds, and

(b) the Court shall order the stakes thereof to be pulled down or destroyed at the expense of such person.

(2) Where a person is convicted of an offence under this section, the fixed engine in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.

(3) Where an order made under this Act defines the mouth of any tributary river, the reference in subsection (1) of this section to the mouth of any river shall be construed as including a reference to the mouth of such tributary river.