Fisheries (Amendment) Act, 1994

Amendment of section 100 of Principal Act.

19.—(1) Section 100 of the Principal Act is hereby amended by—

(a) the substitution of the following subsection for subsection (3) thereof:

“(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 and shall be liable on summary conviction to a fine not exceeding £1,000, and if after conviction the contravention is continued, that person shall be guilty of a further offence on each day during which the contravention continues and shall be liable on summary conviction to a fine not exceeding £500.”;

(b) the substitution of the following subsection for subsection (4) thereof:

“(4) The provisions of this section shall not apply to engines used for the capture of fish other than salmon, trout or eels.”;

and

(c) the insertion of the following two paragraphs after paragraph

(d) of subsection (5) thereof:

“(e) If the holder of an eel fishery authorisation fails to comply with the conditions attached to that authorisation he shall be guilty of an offence under this subsection and shall be liable on summary conviction to a fine not exceeding £1,000.

(f) Where a person is convicted of an offence under this subsection, any fish and any fixed engine in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.”.

(2) Subsection (1) of section 100 of the Principal Act shall not apply, and shall be deemed never to have applied, to a fishing engine used in accordance with an authorisation purporting to have been issued by the Minister under the section.