Fisheries (Consolidation) Act, 1959

Provisions to be observed in relation to certain fixed engines during the weekly close time.

143.—(1) During the weekly close time—

(a) a clear opening of at least four feet in width shall be made and kept free from obstruction in the traps or heads of each stake net used for catching salmon and in the eyes or gaps of each head weir used for catching salmon from the top to the bottom thereof, so as to allow the free passage of fish through them and effectually to prevent the taking of fish therein,

(b) the netting of the leader of every bag net used for catching salmon shall be raised and kept out of the water.

(2) If, in respect of any stake net, head weir or bag net the provisions of subsection (1) of this section are not complied with, the occupier thereof shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine of not less than ten pounds and not more than fifty pounds.

(3) 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.

(4) Nothing in this section shall be construed as rendering liable to any penalty any person who was prevented by floods, storm or stress of weather from complying with subsection (1) of this section during the continuance of such prevention.