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Restriction on use of fishing weirs, fishing mill dams or fixed engines in freshwater.
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100.—(1) It shall not be lawful for any person to use in the freshwater portion of any river or in any lake any fishing weir, fishing mill dam or fixed engine for the capture of fish unless such fishing weir, fishing mill dam or fixed engine was in existence and was lawfully used during the open fishing season of one or more of the three years 1936, 1937 and 1938.
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(2) Where one or more boxes in a fishing weir or fishing mill dam was lawfully used during the open fishing season of one or more of the three years 1936, 1937 and 1938, such fishing weir or fishing mill dam shall, for the purposes of subsection (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 fishing weir, fishing mill dam or 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) 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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(5) (a) The Minister may, if he thinks fit, grant to the occupier of a fishing engine (being a fishing weir, fishing mill dam or fixed engine) for the capture of eels, an authorisation (in this section referred to as an eel fishery authorisation) to use such fishing engine for the capture of eels.
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(b) The Minister may attach to an eel fishery authorisation such conditions (including a condition limiting the period during which the authorisation is to remain in force) as he thinks fit.
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(c) The Minister, if he so thinks fit, may amend an eel fishery authorisation within ten years from the date on which the authorisation was granted.
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(d) The Minister may revoke an eel fishery authorisation—
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(i) if the holder thereof is convicted of an offence under the repealed enactments or an offence under any provision of this Act, or
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(ii) if he is satisfied that there has been a breach of any condition attached to the authorisation.
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(6) The following provisions shall apply in relation to the amendment or revocation of an eel fishery authorisation under this section—
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(a) the Minister shall not amend or revoke the authorisation unless and until he has given by post to the holder thereof at least one fortnight's notice in writing stating that the Minister has under consideration, as the case may be, the amendment or revocation of the authorisation,
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(b) the notice shall also state—
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(i) in case it states that the Minister has under consideration the amendment of the authorisation—the specific amendment under consideration and the grounds on which it is so under consideration, or
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(ii) in case it states that the Minister has under consideration the revocation of the authorisation—the grounds on which such revocation is so under consideration,
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(c) the Minister shall consider any representations in relation to such amendment or revocation, as the case may be, made to him by the holder of the authorisation before the expiration of the notice.
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(7) Nothing in this section shall apply to—
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(a) the use by the Electricity Supply Board of—
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(i) a fishing weir for the capture of eels erected by the said Board, or
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(ii) a fishing weir erected by the said Board in exercise of the powers conferred on the said Board by section 101, or
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(b) the use of a fishing engine (being a fishing weir, fishing mill dam or fixed engine) in respect of which there is for the time being in force an eel fishery authorisation, so long as it is used in accordance with such authorisation.
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