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Restriction on use of certain weirs in freshwater.
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34.—(1) It shall not be lawful for any person to use in the freshwater portion of any river or in any lake any weir or other fixed engine for the capture of fish unless such weir or other fixed engine was in existence and was lawfully used during the open fishing season of one or more of the three years ending next before the commencement of this section.
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(2) Where one or more cribs or boxes in a weir or fishing mill dam was lawfully used during the open fishing season of one or more of the three years ending next before the commencement of this section, such weir or fishing mill dam shall, for the purposes of sub-section (1) of this section, be deemed to have been lawfully used during such open fishing season.
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(3) If any person uses any weir or other fixed engine in contravention 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 not exceeding one hundred pounds and in the case of a continuing offence a further fine not exceeding fifty pounds for every day during which such offence continues after conviction thereof.
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(4) Nothing in this section shall be construed as precluding the use by the Minister of traps for the capture of fish for the purpose of artificial propagation.
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(5) The provisions of this section shall not apply to long lines used solely for the capture of eels or to engines used for the capture of fish other than salmon, trout or eels.
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Use of Nets in Fresh Water and Tidal Waters.
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