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Offences in relation to fish passes made under section 62 or 63 of the Fisheries (Ireland) Act, 1842, or section 115 or 118.
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119.—(1) In this section “fish pass” means a fish pass made under section 62 or 63 of the Fisheries (Ireland) Act, 1842 or section 115 or 118.
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(2) If any person—
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(a) takes, kills or destroys any fish in a fish pass, or
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(b) hangs, fixes, uses or sets in a fish pass any fishing engine, or
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(c) places any obstruction, uses any contrivance or does any act whereby fish may be scared, deterred or in any way prevented from freely passing up and down through a fish pass at all periods of the year, or
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(d) fails to preserve a fish pass free from every obstruction,
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such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds, and, if the offence is that of placing any obstruction or contrivance in a fish pass, the Court shall order the removal thereof at the expense of the offender.
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(3) Where—
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(a) it is alleged in a complaint and proved that an offence under this section was committed in such circumstances as to afford reasonable grounds for believing that the offence was committed—
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(i) by some person in the employment or under the control of the owner or occupier of a mill or factory, or
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(ii) with the knowledge or connivance of such owner or occupier or of the person in charge of such mill or factory, or
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(iii) through the default of reasonable precaution on the part of such owner or occupier to prevent such offence, and
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(b) it is alleged in the complaint and proved that the offence was committed, but that the person who committed the offence is unknown or cannot be found, and
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(c) the owner or occupier of the mill or factory is charged with such offence,
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such owner or occupier shall be deemed to be guilty of such offence and shall be punishable accordingly.
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