Fisheries (Consolidation) Act, 1959

Provisions to be observed in relation to salmon fishing weirs and fishing mill dams during weekly close time.

144.—(1) In this section, the expression “salmon weir” means any weir being—

(a) a fishing weir for taking salmon, or

(b) a fishing mill dam for taking salmon.

(2) During the weekly close time the inscales and the heck of each box in a salmon weir shall either—

(a) be removed, or

(b) be opened out in such manner that a clear opening of not less than four feet in width is left open therein from the top to the bottom of the box and a free, direct and uninterrupted space of the said width is effectually secured for the passage of all fish, both up and down, through the box.

(3) If in respect of any salmon weir the provisions of subsection (2) 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 in respect of each box in such salmon weir the inscales and heck whereof are not removed or opened out as required by the said subsection (2).

(4) Where the occupier of a salmon weir is convicted of an offence under this section, the inscales and heck of each box in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.

(5) Nothing in subsection (4) of 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 (2) of this section during the continuance of such prevention.