Fisheries (Consolidation) Act, 1959

Penalty for using fishing engine at or within fifty yards of a mill dam to which there is no fish pass.

121.—(1) Notwithstanding anything contained in section 120 it shall not be lawful for any person, though possessed of a several fishery in respect of which a right to use a fishing engine at any place within two hundred yards of a mill dam was exercised for twenty years next before the 14th day of August, 1850, to use any fishing engine (except rod and line) at or within fifty yards above or below such mill dam unless—

(a) there is attached to such mill dam a fish pass of such form and dimensions as may be approved of by the Minister, and

(b) such fish pass has constantly running through it such flow of water as will enable salmon to pass up and down it.

(2) If any person contravenes subsection (1) of this section, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine of not less than five pounds and not more than twenty pounds.