FISHERIES (CONSOLIDATION) ACT, 1959

the expression “the Act of 1935” means the Shannon Fisheries Act, 1935 (No. 4 of 1935);

the expression “the Act of 1956” means the Fisheries (Statute Law Revision) Act, 1956 (No. 28 of 1956).

• (b) If, immediately before the operative date, the provisions of subsection (1) of section 23 of the Act of 1935 (repealed by the Act of 1956) are, by virtue of subsection (5) of section 11 of the Act of 1956 (repealed by this Act), in force, then, those provisions shall, notwithstanding such repeals, continue in force and shall, for the purposes of this section, be deemed to have been made by regulations under paragraphs (a) and (b) of subsection (2) of this section.

• (c) If, immediately before the operative date, the River Shannon Tidal Waters (Issue of Fishing Licences) Regulations, 1935 (S.R. & O. No. 664 of 1935), made under subsection (2) of section 23 of the Act of 1935 (repealed by the Act of 1956) are, by virtue of subsection (6) of section 11 of the Act of 1956 (repealed by this Act) in force, then, those Regulations shall, notwithstanding such repeals, continue in force and shall, for the purposes of this section, be deemed to have been made under paragraph (c) of subsection (2) of this section.

89 Restrictions on issue of licences for nets for fishing in certain fisheries.

89.—(1) The Minister may, in respect of any public fishery, do by order the following things:—

• (a) declare that such period (being not less than three years and not more than ten years) as the Minister thinks proper and specifies in such order shall be the appointed period for the purposes of such order;

• (b) prohibit the issue of licences for any kind of nets for fishing in such fishery other than nets of a kind lawfully used for fishing in such fishery during the standard year;

• (c) in respect of nets of each kind lawfully used for fishing in such fishery during the standard year—

• (i) fix the maximum number of licences for nets of that kind which may be issued for fishing in such fishery during each of the years (other than the last year) falling within the appointed period, and may so fix different numbers in respect of all or any one or more of such years, subject however to the limitation that the number so fixed shall be not more than one hundred per cent and not less than fifty per cent of the number of licences for nets of that kind issued for fishing in such fishery during the standard year.

• (ii) fix the maximum number of licences for nets of that kind which may be issued for fishing in such fishery during the last year of the appointed period and each year commencing after the expiration of the appointed period, and may fix different numbers in respect of all or any one or more of such years, subject however to the limitation that the number so fixed shall be not more than eighty per cent and not less than fifty per cent of the number of licences for nets of that kind issued for fishing in such fishery during the standard year,

• (iii) prohibit the issue of a number of licences for nets of that kind for any year in excess of the maximum number so fixed for that year,

• (iv) prohibit the issue to any one person of more than one licence for a net of that kind for any year;

• (d) appoint a day preceding each year which is to be the last day for making applications for licences for nets for fishing in such fishery during such year.

• (2) Where an order has been made by the Minister under subsection (1) of this section in relation to any public fishery, the following provisions shall have effect in relation to the issue of licences for each kind of net (being nets of a kind the issue of licences in respect of which is not prohibited by such order) for fishing in such fishery for each year to which such order relates:—

• (a) no licence for a net of that kind for fishing in such fishery during such year shall be issued to any person unless an application has been made therefor not later than the date (in this subsection referred to as the last day for making applications) fixed by such order as the last day for making applications for licences for nets for fishing in such fishery during that year;

• (b) no person shall be entitled to apply for more than one licence for that kind of net for fishing in such fishery during that year, and if any person applies for more than one such licence, such application shall be treated as an application for one such licence only;

• (c) if the number of applications for licences for that kind of net for fishing in such fishery during such year duly made by persons (in this subsection referred to as preferred persons) who either—

• (i) held licences for nets of that kind for fishing in such fishery during the standard year and were actually engaged in fishing under such licences in the standard year, or

• (ii) were, during the whole or substantially the whole of each of the three fishing seasons immediately preceding the last day for making applications, constantly and regularly employed in fishing in such fishery,

equals the maximum number of licences of that kind specified in such order for such year, then no such licences shall be granted to any persons other than preferred persons;

• (d) if the number of applications duly made by preferred persons for licences for that kind of net for fishing in such fishery during that year exceeds the said maximum number—

• (i) no such licences shall be granted to any persons other than preferred persons;

• (ii) such licences shall be issued amongst the said preferred persons in such manner as may be determined by lot;

• (e) if the number of applications duly made by preferred persons for licences for that kind of net for fishing in such fishery during that year is less than the said maximum number—

• (i) a licence for that kind of net shall be issued to each of such preferred persons,

• (ii) if the number of such licences remaining over after the issue to preferred persons equals or exceeds the number of applications duly made by persons (in this subsection referred to as non-preferred persons) who are not preferred persons, one licence of that kind shall be issued to each of such non-preferred persons,

• (iii) if the number of such licences so remaining over is less than the number of applications duly made by non-preferred persons, such licences shall be issued amongst such non-preferred persons in such manner as may be determined by lot.

• (3) In this section—

the expression “public fishery” means the tidal portion of any river in which a right of public fishing exists and the estuary thereof and the sea within three miles of the mouth of such estuary or, in case the seaward boundary of the estuary had been defined, the seaward boundary of such estuary, but does not include the tidal portions of the River Shannon or its tributaries above the mouth or mouths thereof;

the expression “the standard year” means—

• (a) in relation to the Rivers Erne and Owenea and the estuaries thereof, the year 1934,

• (b) in relation to any other public fishery, the year 1935.

• (4) Where a person is convicted of an offence under the repealed enactments or an offence under any provision of this Act such person shall not be entitled to any preferential right to obtain a licence under this section.

Chapter V. Forfeiture of Licences.

90 Forfeiture of licences.

90.—(1) Where—

• (a) a person is convicted of an offence under the repealed enactments or an offence under any provision of this Act, and

• (b) such person is the holder of a licence or licences to fish for salmon or trout,

the Court by whom such person is convicted may, in addition to any other penalty, direct such licence or licences to be forfeited.

• (2) Where a licence is directed to be forfeited under this section, such licence shall thereupon cease to be in force.

PART VII. Regulations as to Nets.

91 Restrictions on use of nets.

91.—(1) If any person—

• (a) makes use of or fishes with any net formed with a false bottom (except nets for the taking of eels), or

• (b) places two or more nets one behind the other, or

• (c) uses any nets covered with canvas, hide, or other substance for the purpose of taking undersized fish, or

• (d) affixes or keeps up continued nets stretched across any river,

such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

• (2) Where a person is convicted of an offence under this section, the net in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.

92 Mesh of nets, made of non-rigid material for the taking of salmon in the sea or tideways.

92.—(1) In this section, the expression “net to which this section applies” means any net or other engine which is not formed of a rigid material and which is used for the taking of salmon.

• (2) If, on any part of the coast or within any bay, estuary or tideway thereof, any person (other than the proprietor of the whole of the fishery of the river flowing into such bay, estuary or tideway, from the mouth to the source thereof, including its tributary streams) uses any net to which this section applies with a mesh of less size than one and three-quarter inches from knot to knot, to be measured along the side of the square, or seven inches to be measured all round each such mesh, such measurement being taken in the clear when the net is wet, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

• (3) Where a person is convicted of an offence under this section, the net in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.

• (4) The Minister may by bye-law, alter, in respect of any particular district or locality, the size, specified in subsection (2) of this section, of the mesh of any net to which this section applies and permit the use, in that district or locality, of nets to which this section applies having meshes of a less size than that specified in the said subsection (2).

• (5) Where a bye-law made under subsection (4) of this section alters, in respect of any district or locality, the size, specified in subsection (2) of this section, of the mesh of any net to which this section applies and permits the use, in that district or locality, of a net to which this section applies having a mesh of a less size, subsection (2) of this section shall, in its application to that district or locality, have effect as if, for the reference to a mesh of the size specified in the said subsection (2), there were substituted a reference to a mesh of the size permitted to be used by such bye-law.

93 Meshes or openings of engines made of rigid material for the taking of salmon in the sea and tideways.

93.—(1) In this section the expression “engine to which this section applies” means any engine which is formed of a rigid material and used for the taking of salmon.

• (2) If, on any part of the coast or within any bay, estuary or tideway thereof, any person (other than the proprietor of the whole of the fishery of the river flowing into such bay, estuary or tideway from the mouth to the source thereof, including its tributary streams) uses any engine to which this section applies with meshes or openings of less width than three inches on each side of the square, and, where no meshes or openings of the nature of reticulations are used, of less width between the bars than two inches, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

• (3) Where a person is convicted of an offence under this section, the engine in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.

94 Salmon nets not to be used at mouths of rivers or within half a mile seaward or inwards of mouths of rivers.

94.—(1) It shall not be lawful for any person (other than the owner of a several fishery within the limits thereof) to shoot, draw, or use any net for taking salmon at the mouth of any river or within half a mile seaward or half a mile inwards or along the coast from the mouth of any river.

• (2) It shall not be lawful for any person (other than the owner of a several fishery in the whole of a river and its tributaries within the limits of such several fishery) to shoot, draw, or stretch any net entirely across the mouth or across any other part of a river.

• (3) If any person contravenes any of the preceding subsections 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 of not less than one pound and not more than ten pounds and a further fine of five shillings for every fish taken by means of any net used in the commission of the offence.

• (4) Where a person is convicted of an offence under this section every net in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.

• (5) Where an order under this Act defines the mouth of any tributary river, references in the preceding subsections of this section to the mouth of any river shall be construed as including references to the mouth of such tributary river.

95 Restriction on use of nets in freshwater.

95.—(1) It shall not be lawful for any person to use any net for the capture of fish in the freshwater portion of any river or in any freshwater lake, unless—

• (a) such net is used under and in accordance with bye-laws made under this section, or

• (b) such net is a landing net and is used solely as auxiliary to lawful fishing with rod and line, or

• (c) such net is used solely for the purpose of removing fish from traps in a weir, or

• (d) such net is constructed for the capture of eels.

• (2) If any person uses any net 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 twenty-five pounds.

• (3) The Minister may by bye-law authorise the use, subject to such conditions as he thinks proper, in any specified area in the freshwater portion of any river or in any freshwater lake, of any kind or kinds of net which may be lawfully used for the capture of fish, other than salmon, trout or eels, under this Act.

• (4)
• (a) Where—

• (i) an application is made to the Minister to permit the use of draft nets for the capture of trout in a specified freshwater lake exceeding thirty square miles in area, and

• (ii) the applicant furnishes the Minister with the consent in writing of every owner of a several fishery in the lake, and

• (iii) the applicant satisfies the Minister that within twenty years before the 1st day of January, 1948, nets were used as of right in the lake for the capture of trout by members of the public who depended on such netting as a means of livelihood,

the Minister, if he thinks fit, may make bye-laws permitting the use of draft nets for such capture, subject to such conditions as he thinks proper.

• (b) Where bye-laws under this subsection are for the time being in force in relation to waters vested in the Electricity Supply Board, nothing in any enactment shall be construed as prohibiting the Board from permitting the use of draft nets in such waters in accordance with the bye-laws.

• (c) The Minister may, if he thinks fit, cause a public inquiry to be held into the desirability of making a particular bye-law under this subsection and for this purpose may appoint an officer of the Minister to hold such inquiry.

• (d) The Minister shall cause to be given, in accordance with section 322, notice of the holding of an inquiry under this subsection.

96 Restriction on possession of nets, etc.

96.—(1) If any person has in his possession or control in any waters or on or near the bank of any waters—

• (a) any net, the use of which in such waters for the purpose of taking fish is prohibited by any provision (other than section 95) of this Act or by any bye-law made thereunder, or

• (b) any instrument (other than a net) or lure or bait, the use of which in such waters for the purpose of taking fish is prohibited by any provision of this Act or by any bye-law made thereunder,

such person shall be guilty of an offence under this subsection.

• (2) If any person has in his possession or control in, or in the vicinity of, a freshwater lake or the freshwater portion of any river any net constructed or mounted so as to be capable of being used for the capture of fish with intent to use it in contravention of section 95, such person shall be guilty of an offence under this subsection.

• (3) Any person guilty of an offence under subsection (1) or (2) of this section shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds or, at the discretion of the Court, to imprisonment for any term not exceeding six months.

• (4) Where a person is convicted of an offence under subsection (1) or (2) of this section, the net, other instrument, lure or bait in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.

• (5) Where—

• (a) a person is charged with an offence under subsection (2) of this section in relation to the possession or control of a net, and

• (b) it is proved that he was found in possession or control of such net in, or in the vicinity of, a freshwater lake or the freshwater portion of any river,

it shall be presumed that he had the possession or control of such net with intent to use it in such freshwater lake or the freshwater portion of such river in contravention of section 95, unless and until he satisfies the Court that, at the time the offence is alleged to have been committed,—

• (i) he intended and was entitled to use such net in a manner which comes within one of the matters of exception mentioned, in relation to a net of a similar kind, in subsection (1) of section 95 or, if such net is a draft net, in a manner which is permitted by bye-laws made under subsection (4) of section 95, or

• (ii) if he was found in possession or control of such net in the vicinity of the boundary between the tidal and freshwater portions of such river, he was the holder of a licence to use such net in the fishery district in which such river is situate and intended and was entitled to use such net in the tidal portion of such river.

PART VIII. Fixed Engines, Fishing Weirs, Fishing Mill Dams and Other Obstructions to the Passage of Fish.

Chapter I. Prohibition of Fixed Engines, Fishing Weirs and Fishing Mill Dams with Certain Exceptions.

97 Penalty for using, etc. fixed engine for the capture of salmon not certificated under the Salmon Fishery (Ireland) Act, 1863.

97.—(1) No person shall fish with, make use of, or erect any fixed engine for the capture of salmon unless a certificate in regard to such fixed engine was granted under the Salmon Fishery (Ireland) Act, 1863, before the 31st day of December, 1923, and was subsisting unrevoked on that day.

• (2) Every person who fishes with, makes use of, or erects any fixed engine for the capture of salmon in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds and a further fine not exceeding twenty pounds for every day during which such fixed engine is fished with, made use of, or erected.

• (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.

98 Effect of certificates under section 6 of the Salmon Fishery (Ireland) Act, 1863.

98.—A certificate under section 6 of the Salmon Fishery (Ireland) Act, 1863, shall be conclusive evidence that the person named therein is the person entitled to exercise the right therein given, but it shall not render any fixed engine lawful which would otherwise be unlawful by reason of its being injurious to navigation, a common nuisance to the public right of fishing or otherwise in violation of the common law or any enactment.

99 Restriction on erection of fishing weirs, fishing mill dams or fixed engines in fresh water portion of rivers.

99.—(1) It shall not be lawful for any person to erect in the freshwater portion of any river or lake any fishing weir, fishing mill dam or fixed engine.

• (2) If any person erects a 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.

• (3) Where any fishing weir, fishing mill dam or fixed engine is erected in contravention of this section the Minister may cause such fishing weir, fishing mill dam or fixed engine to be demolished, and any expenses incurred by the Minister under this subsection shall be a debt due to the Minister by the occupier of such fishing weir, fishing mill dam or fixed engine and may be recovered as a simple contract debt in any court of competent jurisdiction.

• (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.

• (5) The Minister may, if he thinks fit, by order authorise a named person to erect, in accordance with plans approved by the Minister, at a specified place in the freshwater portion of a specified river or lake, a specified kind of fishing engine (being a fishing weir, fishing mill dam or fixed engine) for the capture of eels.

• (6) Nothing in this section shall apply to—

• (a) the erection by the Electricity Supply Board of—

• (i) a fishing weir for the capture of eels, or

• (ii) a fishing weir in exercise of the powers conferred on the said Board by section 101, or

• (b) the erection, by a person authorised by an order made under subsection (5) of this section to erect a specified kind of fishing engine (being a fishing weir, a fishing mill dam or fixed engine) for the capture of eels, of that kind of fishing engine under and in accordance with such order.

100 Restriction on use of fishing weirs, fishing mill dams or fixed engines in freshwater.

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.

• (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.

• (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.

• (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.

• (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.

• (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.

• (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.

• (d) The Minister may revoke an eel fishery authorisation—

• (i) if the holder thereof is convicted of an offence under the repealed enactments or an offence under any provision of this Act, or

• (ii) if he is satisfied that there has been a breach of any condition attached to the authorisation.

• (6) The following provisions shall apply in relation to the amendment or revocation of an eel fishery authorisation under this section—

• (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,

• (b) the notice shall also state—

• (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

• (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,

• (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.

• (7) Nothing in this section shall apply to—

• (a) the use by the Electricity Supply Board of—

• (i) a fishing weir for the capture of eels erected by the said Board, or

• (ii) a fishing weir erected by the said Board in exercise of the powers conferred on the said Board by section 101, or

• (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.

101 Construction of fishing weirs by the Electricity Supply Board.

101.—(1) Whenever the Electricity Supply Board acquires under Part III of the Electricity (Supply) (Amendment) Act, 1945 (No. 12 of 1945) every fishery (if any) and every fishing right (if any) in a river, the said Board may, with the consent of the Minister and notwithstanding anything contained in this Act, construct in such river a fishing weir for the purposes of all or any of the fisheries (if any) and fishing rights (if any) so acquired, and may thereafter maintain the fishing weir so constructed.

• (2) Whenever the Electricity Supply Board acquires under or by virtue of the Electricity Supply (Amendment) Act, 1945, a fishing weir, the said Board may, with the consent of the Minister and notwithstanding anything contained in this Act, do either of the following things:—

• (a) maintain such fishing weir and, for the purpose of such maintenance, reconstruct or repair such fishing weir, or

• (b) construct on the site of such fishing weir or on a different site a new fishing weir in lieu of the fishing weir so acquired and thereafter maintain such new fishing weir.

Chapter II. Restrictions on Sites of Fixed Engines.

102 Prohibition of placing or using fixed engines, etc. in narrow part of estuaries.

102.—(1) If in any part of the estuary or the tidal portion of any river where the breadth of the channel at low water of ordinary spring tides is less than three-quarters of a mile any person other than the proprietor of a several fishery in the whole of such estuary and river places, erects, fishes with or uses any fixed engine, then—

• (a) such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding thirty pounds, and

• (b) the Court shall order the stakes thereof to be pulled down or destroyed at the expense of such person.

• (2) 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.

• (3) Subsection (1) of this section shall not apply in respect of—

• (a) any stake nets, and other contrivances for placing nets which had been established for twenty years or upwards before the 10th day of August, 1842, or

• (b) any stake nets, head weirs and other contrivances for placing or erecting nets which had been established for ten years or upwards before the 10th day of August, 1842, within the limits of a several fishery by any person lawfully entitled to such several fishery by charter, grant, patent, prescription, or Act, by which such limits are accurately defined, or

• (c) any head weir, not fished by means of a fixed net.

103 Prohibition of placing or using fixed engines, etc. at mouths of rivers less than one half mile in breadth.

103.—(1) If within one mile seaward, coastward or inward from or on either side of the mouth of any river (being a river the inland portion of which is frequented by salmon and the mouth whereof is at low water of ordinary spring tides less in breadth than half a mile) any person other than the proprietor of a several fishery within the limits thereof, places, erects, fishes with or uses any fixed engine, then—

• (a) such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding thirty pounds, and

• (b) the Court shall order the stakes thereof to be pulled down or destroyed at the expense of such person.

• (2) 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.

• (3) Where an order made under this Act defines the mouth of any tributary river, the reference in subsection (1) of this section to the mouth of any river shall be construed as including a reference to the mouth of such tributary river.

104 Prohibition of bag nets in certain places.

104.—(1) No bag net shall be placed or allowed to continue in any river or estuary or within a distance of three miles from the mouth of any river.

• (2) If any bag net is placed or continued in contravention of this section—

• (a) it shall be deemed a common nuisance and may be taken possession of or destroyed,

• (b) the owner of such bag net shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not less than five pounds and not more than twenty pounds for each day during which the bag net is so placed or continued.

• (3) Where a person is convicted of an offence under this section, the bag net in respect of which the offence was committed and any salmon taken thereby shall, as a statutory consequence of conviction, stand forfeited.

• (4) The provisions of this section shall not apply to the placing or continuance, within three miles of the mouth of a river, of a bag net lawfully existing on the 28th day of July, 1863, if the owner of such bag net has the exclusive right of catching salmon in the whole of that river including all tributary rivers and lakes upon the course of that river.

105 Stake nets not to extend further than from high to low water mark.

105.—(1) If any person—

• (a) places or erects any stake net or any leader, outrigger or other work of any kind or description whatsoever connected therewith or adjacent thereto in such a manner that it will extend to a greater distance than from high water mark to low water mark of ordinary spring tides, or

• (b) maintains or uses any stake net or any such leader, outrigger or other work so placed or erected,

such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine of not less than one pound and not more than ten pounds.

• (2) This section shall not apply in respect of any head weir not fished by means of a fixed net.

Chapter III. Regulations as to the Construction and User of Fixed Engines.

106 Regulations as to construction and user of stake nets and bag nets.

106.—If any person—

• (a) constructs, maintains or uses a stake net which is capable of taking undersized fish or the fry of salmon or of any other fish, or

• (b) maintains or uses any stake net, the meshes of the nets whereof are not stretched to their full opening, or

• (c) maintains or uses a stake net which is so constructed that a clear opening of at least four feet in width cannot be made in the pouches, traps and chambers of such stake net, from the top to the bottom thereof, or

• (d) maintains or uses any bag net, the meshes of the nets of any leader whereof are not stretched to their full opening, or

• (e) maintains or uses any bag net which is so constructed that the leaders thereof cannot be raised and kept out of the water,

such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine of not less than one pound and not more than ten pounds.

Chapter IV. Regulations as to Fishing Weirs and Fishing Mill Dams.

107 Free gaps in fishing weirs.

107.—(1) In every fishing weir there shall be a free gap or opening in accordance with the following provisions:—

• (a) the free gap shall be situate in the deepest part of the stream,

• (b) the sides of the free gap shall be in line with and parallel to the direction of the stream at the weir,

• (c) the bottom (of the free gap shall be level with the natural bed of the stream above and below the gap,

• (d) the width of the free gap in its narrowest part shall not in any case be narrower than three feet, and, subject to that limitation, shall not be narrower than one-tenth part of the width of the stream or fifty feet whichever is the less,

• (e) no existing free gap in any fishing weir shall be reduced in width or a gap of less width substituted therefor or any alteration made therein so as to reduce the flow of water through such gap.

• (2)
• (a) Subsection (1) of this section shall not apply to any fishing weir in respect of which an order has been made under paragraph (b) of this subsection.

• (b) Where the breadth of the river, where there is a chartered or patent fishing weir (being a fishing weir existing on the 28th day of July, 1863), does not exceed forty feet and it might be inexpedient to require a free gap to be made therein, the Minister may, if he thinks fit, instead thereof, direct by his order the extension of the weekly close time for a period of twenty-four hours.

• (3) Where a free gap has been made in a fishing weir but is not maintained in accordance with subsection (1) of this section, the owner of the fishing weir shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds for each day he is in default.

108 Operation of fishing weir by Minister or the Electricity Supply Board without free gap.

108.—(1) The Minister may by order authorise the operation of a specified fishing weir belonging to the Minister or the Electricity Supply Board without a free gap, subject to such conditions as to the release upstream of a sufficient number of fish entering the weir as he thinks proper to impose for the purpose of adequately maintaining stocks of such fish, and may by order amend or revoke any order made by him under this section.

• (2) Before making an order under this section, the Minister shall cause notice of his intention, containing a draft of the proposed order, to be published and circulated in the locality to be affected by the order and shall consider any objections thereto made to him during one month after the publication of the notice.

• (3) For the purposes of this section any contrivance for taking or facilitating the taking of fish associated with hydro-electric works constructed by the Electricity Supply Board shall be deemed to be a fishing weir.

• (4) An order under this section shall have effect notwithstanding anything to the contrary in this Act.

• (5) Every order under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling the order is passed by either House within the next twenty-one days on which that House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

• (6) Notice of the making of every order under this section shall, as soon as may be, be published in the Iris Oifigiúil and in one or more newspapers circulating in the area affected by the order, and a copy of the order shall be deposited with the County Registrar for every county and the District Court Clerk of every district which, or any part of which, is affected thereby, and in every station of the Garda Síochána within the area affected thereby.

• (7) The Minister may, if he thinks fit, cause a public inquiry to be held into the desirability of making a particular order under this section and for this purpose may appoint an officer of the Minister to hold such inquiry.

• (8) The Minister shall cause to be given in accordance with section 322, notice of the holding of an inquiry under this section.

109 Operation of eel fishing weirs without free gap.

109.—(1) The Minister, if he thinks fit, may by order authorise the operation of a specified eel fishing weir without a free gap, subject to such conditions (if any) as the Minister thinks fit and specifies in the order.

• (2)
• (a) The Minister may at any time by order revoke an order under subsection (1) of this section authorising the operation, subject to conditions, of an eel fishing weir without a free gap, if the occupier of such weir—

• (i) is convicted of an offence under the repealed enactments or an offence under any provision of this Act, or

• (ii) has failed to comply with those conditions.

• (b) The following provisions shall apply in relation to the revocation under paragraph (a) of this subsection of an order made under subsection (1) of this section authorising the operation of an eel fishing weir without a free gap—

• (i) the Minister shall not revoke the order unless and until he has given by post to the occupier of such weir at least one fortnight's notice in writing stating that the Minister has under his consideration the revocation of the order and stating the grounds on which the revocation is so under consideration,

• (ii) the Minister shall consider any representations in relation to such revocation made to him by the occupier before the expiration of the said notice.

• (3) Where an order is made under subsection (1) of this section authorising the operation of an eel fishing weir without a free gap, then, so long as the order remains in force, none of the provisions of this Act relating to free gaps in fishing weirs shall apply in respect of such weir in so far as it is used for the capture of eels only.

110 Construction of free gaps in fishing weirs.

110.—(1) Whenever, notwithstanding any decision made by the Special Commissioners under the provisions of the Salmon Fishery (Ireland) Act, 1863, or any court of competent jurisdiction prior to the 14th day of July, 1939, the Minister is satisfied that there is not in a fishing weir a gap in accordance with section 107, the Minister may cause to be served on the occupier of such fishing weir a notice requiring such occupier to construct, in accordance with the said section 107 and within the time (not being less than one month from the service of such notice) specified in such notice, a free gap in such fishing weir.

• (2) Where a notice has been served under subsection (1) of this section on the occupier of a fishing weir, such occupier may, within one month after the service of such notice, apply to the Judge of the Circuit Court within whose jurisdiction such fishing weir is situate for an order quashing such notice on the ground that there is already in such fishing weir a free gap in accordance with section 107, and thereupon the following provisions shall have effect:—

• (a) such occupier shall give notice to the Minister of the application;

• (b) such occupier and the Minister shall be entitled to appear on the hearing of the application and to adduce evidence;

• (c) if such Judge is satisfied that there is already in such fishing weir a free gap in accordance with section 107 he shall quash such notice and direct the Minister to pay to such occupier the costs of the occupier of and incidental to the application, and such notice shall be deemed not to have been served;

• (d) if such Judge is not so satisfied he shall refuse the application and direct such occupier to pay to the Minister the costs of the Minister of and incidental to the application, and may also amend such notice by extending the time specified in such notice for compliance therewith;

• (e) the decision of such Judge on the application shall be final and conclusive and not appealable.

• (3) Where—

• (a) a notice has been served under subsection (1) of this section on the occupier of a fishing weir, and

• (b) either—

• (i) such occupier has not duly made, in relation to the notice, an application under subsection (2) of this section, or

• (ii) such occupier has duly made, in relation to the notice, an application under the said subsection, but the application has been refused, and

• (c) the occupier has not complied with the requirements of the notice,

the following provisions shall have effect:—

• (I) such occupier shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine of not less than fifty pounds and not more than one hundred pounds,

• (II) the Minister may (whether proceedings have or have not been taken against such occupier under paragraph (I) of this subsection) enter on such fishing weir and any land adjoining such fishing weir and construct a free gap in such weir.

• (4) Where the Minister constructs under this section a free gap in a fishing weir he shall be entitled to recover as a simple contract debt in any court of competent jurisdiction from the occupier of such fishing weir the expenses incurred by the Minister in constructing such free gap.

• (5) Where any consequential damages arise out of the construction by the Minister of a free gap in a fishing weir, the occupier of such fishing weir shall be liable for such damages.

• (6) This section shall not apply in respect of any fishing weir which is the subject of an order under subsection (2) of section 107.

111 Penalty for affecting flow of water through free gap by alteration of bed of river.

111.—If any alteration is made in the bed of a river in such manner as to reduce the flow of water through a free gap in a fishing weir, the person making the alteration shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine of not less than five pounds and not more than fifty pounds and a further fine of one pound a day until he restores the bed of the river to its original state.

112 Penalties for fishing in or near free gaps in fishing weirs and obstructing free gaps.

112.—(1) If any person—

• (a) uses any fishing engine in a free gap, or

• (b) uses any fishing engine (not being a rod and line) within fifty yards above or below any part of a fishing weir, or

• (c) places any obstruction in the free gap of a fishing weir, or

• (d) uses any contrivance or does any act whereby fish may be scared, deterred or in any way prevented from freely entering and passing up and down a free gap at all periods of the year, or

• (e) places any bridge, board, cloth or any other thing whatsoever in, over or across a free gap in a fishing weir, except a temporary bridge or board during the time only when the persons engaged in the fishing of the said weir are passing over the free gap,

such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to—

• (i) in the case of a first offence under this section, a fine of not less than five pounds and not more than twenty pounds, and,

• (ii) in the case of a second or any subsequent offence under this section a fine of not less than ten pounds and not more than fifty pounds.

• (2) Where—

• (a) the owner or occupier of a fishing weir is charged under subsection (1) of this section with the offence of placing an obstruction in the free gap in such fishing weir, and

• (b) it is proved that such obstruction was placed in such free gap,

it shall be presumed, until the contrary is shown, that such obstruction was placed in such free gap by him.

• (3) Where a person is convicted of the offence of placing an obstruction in the free gap in a fishing weir, the Minister may cause such obstruction to be removed and any expenses incurred by the Minister under this subsection shall be a debt due by such person to the Minister and may be recovered as a simple contract debt in any court of competent jurisdiction.

113 Rules as to boxes in salmon fishing weirs and fishing mill dams.

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

• (a) a fishing weir used for taking salmon, or

• (b) a fishing mill dam used for taking salmon.

• (2) The following rules shall be observed in relation to the construction and use of boxes in salmon weirs—

• (a) the surface of the floor of the box shall be level with the natural bed of the river,

• (b) the inscales and the heck of the box shall be capable of being removed and opened up,

• (c) the bars of the heck of the box shall be placed perpendicularly,

• (d) the inscales and the heck of the box shall be so constructed that no bar or part of a bar is nearer to any other bar or part of a bar than two inches,

• (e) the box shall not be built over or in any other manner hidden from public inspection.

• (3) Where the Minister is satisfied that sea trout form the principal part of the fish caught in a salmon weir, he may, if he thinks fit, by order declare that paragraph (d) of subsection (2) of this section shall, in relation to such salmon weir, have effect as if the words “one and a quarter inches” were substituted for “two inches”.

• (4) If any person uses or constructs any box in a salmon weir in contravention of subsection (2) 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 twenty pounds.

• (5) Where a person is convicted of an offence under this section in relation to any box in a salmon weir, the Minister may cause the parts of the said box in respect of which the offence was committed to be removed and may recover the expenses incurred in such removal from such person as a simple contract debt in any court of competent jurisdiction.

114 Construction of guiding walls appurtenant to fishing weirs and fishing mill dams.

114.—(1) In this section, the expression “guiding wall” means any spur or tail wall, leader or outrigger.

• (2)
• (a) There shall not be attached to any fishing weir or fishing mill dam in a river any guiding wall (other than one connecting the boxes of such fishing weir or fishing mill dam with the bank of the river) of greater length than twenty feet measured from the upstream or downstream face of such fishing weir or fishing mill dam along the centre line of such guiding wall.

• (b) There shall not be attached to any fishing weir any guiding wall which has the effect of narrowing up or preventing the ingress and discharge of water through or from the free gap in such fishing weir.

• (c) If any fishing weir or fishing mill dam has any guiding wall in contravention of paragraph (a) of this subsection or any fishing weir has any guiding wall in contravention of paragraph (b) of this subsection, the following provisions shall apply—

• (i) the occupier thereof shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds and also a further fine not exceeding five pounds for every day during which such guiding wall is allowed to remain;

• (ii) the Minister may cause such guiding wall to be altered or removed and, if he does so, the expenses incurred by him in so doing shall be recoverable from such occupier as a simple contract debt in any court of competent jurisdiction.

• (3) If the occupier of a fishing weir or fishing mill dam in a river makes such use of any island or natural obstruction in the river as secures to him the advantage he would have obtained by attaching to such fishing weir or fishing mill dam a guiding wall contravening paragraph (a) of subsection (2) of this section, he shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds and a further fine not exceeding five pounds for every day on which he makes use of such island or natural obstruction.

• (4) If any fishing mill dam is used partly for the purpose of sustaining water for a mill or factory or for navigation, nothing contained in this section shall be construed to extend to such fishing mill dam so as to affect injuriously the necessary supply of water to such mill, factory or navigation.

Chapter V. Dams and Natural Obstructions.

115 Construction of fish passages in dams for sustaining water for mill power, navigation, irrigation, etc. in salmon rivers.

115.—(1) In this section, the word “dam” means any dam, weir, dyke or other erection placed in or across a salmon river for sustaining the water of such river for mill power, navigation, irrigation or other purposes.

• (2) Every dam constructed on or after the 10th day of August, 1842, in or across any salmon river shall be so built or constructed as to permit and allow, in one or more parts thereof, the free run or migration of all fish at all periods of the year and such provision for the free passage of fish through such dam shall be made at the expense of the person constructing such dam and in such manner as the Minister may approve.

• (3) With respect to any dam erected before the 10th day of August, 1842, in or across any salmon river, the Minister, if he thinks it necessary for the benefit of the fisheries thereof, on the application of one or more of the persons interested in the fishery of such river and at the proper costs and charges of the persons interested in such fishery, may cause a survey of the said dam to be made and direct such alterations to be made therein or such additional work to be added thereto as shall in the opinion of the Minister be necessary and desirable for the purpose of affording a free and uninterrupted passage to the fish frequenting such river, without impairing the navigation or lessening or impairing the effective working power of the mill or factory to which such dam belongs.

• (4) The board of conservators of a fishery district may from time to time apply any portion of its funds which it thinks fit for the purpose of making passes in or over dams in any river of its fishery district subject to the sanction of the Minister, under subsection (3) of this section, and upon obtaining such sanction the said board may place to the credit of the Minister such sum of money as has been for that purpose approved and sanctioned by him and thereupon it shall be lawful for the Minister to direct and cause such alterations to be made in any dam erected in or across any salmon river for affording a free and uninterrupted passage for fish, pursuant to powers and provisions of subsection (3) of this section.

116 Fish passes in dams and repair of dams.

116.—(1) Whenever the Minister is satisfied that any dam constructed or placed (whether before, on or after the operative date) in or across any salmon river is so constructed or maintained as not to permit and allow of, in one or more parts thereof, the free run or migration of all fish at all periods of the year, the Minister may cause to be served on the occupier of such dam, a notice requiring such occupier to execute within the time (not being less than one month from the service of such notice) specified in such notice such repairs (including alterations or additions) to such dam as shall appear to the Minister to be necessary or desirable for the purpose of affording a free and uninterrupted passage to the fish frequenting such river.

• (2) Where a notice has been served under subsection (1) of this section on the occupier of a dam used in connection with a mill or factory and such occupier, within one month after such service, represents in writing to the Minister that compliance with such notice would adversely affect the operation of such mill or factory, the Minister shall cause a fit and proper person to inquire into and report to him upon such representation and upon the making of the report the following provisions shall apply:—

• (a) if the report discloses that the execution of the repairs specified in such notice would involve a reduction of more than five per cent in the working horsepower which was available to such mill or factory up to the date of the service of such notice (as measured when the level of the water at such dam is at the average level of the crest of such dam), the Minister shall withdraw such notice and inform such occupier accordingly.

• (b) if the report discloses that the execution of the said repairs would not involve such a reduction, the following provisions shall have effect:—

• (i) the Minister shall serve a copy of such report on such occupier,

• (ii) such occupier may, within fourteen days after the service of such copy, send to the Minister a statement in writing objecting to the report and specifying the grounds of his objection,

• (iii) if an objection is so sent to the Minister, then—

• (I) the Minister shall refer the matter to the President of the Institute of Civil Engineers in Ireland or some person appointed by the said President who may, after investigating the matter, either, as he thinks fit, agree or disagree with the report,

• (II) if the person investigating the matter agrees with the report, the Minister shall serve on such occupier a statement informing him accordingly, and such notice shall have effect as if, for the period specified therein for compliance therewith, there were substituted a period of one month, commencing on the day on which such statement was served,

• (III) if the person investigating the matter disagrees with the report, the Minister shall withdraw such notice,

• (IV) there shall be paid to the person investigating the matter such fee as the Minister, with the consent of the Minister for Finance, may fix, and there shall, in case such person agrees with the report, be paid to the Minister by such occupier a sum equal to the said fee and such sum shall be recoverable by the Minister as a simple contract debt in a court of competent jurisdiction, and when so paid to, or recovered by, the Minister shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct,

• (iv) if an objection is not so sent to the Minister, such notice shall have effect as if, for the period specified therein for compliance therewith, there were substituted a period of six weeks commencing on the date on which a copy of the report was served on such occupier.

• (3) Whenever the Minister is satisfied that any dam constructed or placed (whether before, on or after the operative date) in any river is so constructed or is so maintained that water which would otherwise be available for the free passage and migration of fish over or past such dam leaks or escapes through or past such dam (otherwise than by being used for the purpose for which it is sustained by such dam) and is thereby not available for such free passage and migration, the Minister may cause to be served on the occupier of such dam a notice requiring such occupier to execute within the time (not being less than one month from the service of such notice) specified in such notice such repairs (including renewals and reconstruction) to such dam as shall appear to the Minister to be requisite and shall be specified in such notice.

• (4) Where a notice served under subsection (1) of this section has been withdrawn under subsection (2) of this section such notice shall be deemed not to have been served.

• (5) Where a notice has been served under either subsection (1) or subsection (3) of this section on the occupier of a dam, and such occupier has not complied with the requirements of such notice, the following provisions shall have effect, that is to say:—

• (a) such occupier shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine of not less than fifty pounds and not more than one hundred pounds,

• (b) the Minister may (whether proceedings have or have not been taken against such occupier under paragraph (a) of this subsection) enter on such dam and any land adjoining such dam and execute on such dam the repairs specified in such notice.

• (6) Where the Minister executes under this section any repairs to a dam he shall be entitled to recover as a simple contract debt in any court of competent jurisdiction from the occupier of such dam the expenses incurred by the Minister in the execution of such repairs.

• (7) The Minister shall not be liable for any consequential damages to any property or person arising out of the execution by him of any repairs to a dam under this section.

• (8) Whenever the Minister is entitled under this section to serve a notice requiring repairs to a dam to be executed, the Minister may, before serving such notice, cause such dam to be inspected and examined, and any officer of the Minister or any other person appointed by the Minister to make such inspection and examination shall be entitled to enter for that purpose at all reasonable times on such dam and any land adjoining thereto.

• (9) The powers conferred on the Minister by this section shall be in addition to and not in substitution for the powers of the Minister under section 115.

117 Alteration of abandoned and disused dams.

117.—(1) Whenever the Minister is satisfied that any dam constructed or placed in any river has been abandoned or disused for not less than five years or has not during that period effectively been used for the purpose for which it was constructed and directly or indirectly obstructs or contributes to the obstruction of the free passage and migration of fish or affords facilities for the unlawful destruction of fish, the Minister may cause to be served on any person who appears to him to be the owner or the occupier of such dam a notice requiring such person to execute within the time (not being less than one month from the service of such notice) specified in such notice such alterations (including additions and complete or partial removal) of such dam as shall appear to the Minister to be requisite for securing the free passage and migration of fish or removing the facilities for the unlawful destruction of fish (as the case may be) and shall be specified in such notice.

• (2) Where a notice has been served under subsection (1) of this section and the alterations specified in such notice are not executed within the time specified in that behalf in such notice, the Minister may enter on the dam to which such notice relates and any land adjoining such dam and execute the said alterations of such dam.

• (3) Where the Minister executes under this section any alterations of a dam and is satisfied that such alterations became necessary by reason of the wilful neglect of the owner or the occupier of such dam, the Minister may recover as a simple contract debt in any court of competent jurisdiction from such owner or occupier the expenses incurred by the Minister in the execution of such alterations.

• (4) Whenever the Minister is entitled under this section to serve a notice requiring alterations of a dam to be executed, the Minister may, before serving such notice, cause such dam to be inspected and examined, and any officer of the Minister or other person appointed by the Minister to make such inspection and examination shall be entitled for that purpose to enter at all reasonable times on such dam and any land adjoining thereto.

• (5) The Minister shall not be liable for any charges for the maintenance of any dam required by him to be altered or altered by him under this section, or for any consequential damages to any property or person arising out of such alteration or the carrying out thereof.

• (6) Whenever the Minister proposes, in relation to any abandoned or disused dam which was constructed or placed in a river for or in connection with the sustaining of water for navigation, to serve a notice or execute any alterations under this section, he shall consult with the Minister for Industry and Commerce before serving such notice or executing such alterations.

118 Alteration or removal of natural obstructions in rivers to allow free migration of fish.

118.—(1) If in any river, reefs or ledges of rocks, shoals or other natural obstructions prevent or impede the free passage and migration of fish, and hinder the approach of fish to the upper parts of the said river or any lakes communicating therewith and depositing their spawn therein, the Minister, if he so thinks fit, may, upon the application of any person who is interested in the fishery of such river or lake and who deposits or secures a sum of money sufficient for the purpose, construct, authorise or contract with any person interested in the fisheries in the said river to construct such works and make such alterations in the bed of such river as shall effectually secure a free and uninterrupted passage at all seasons of the year for fish.

• (2) The plans, sections, specifications and contracts for all works or alterations authorised under this section shall be subject to the previous sanction of the Minister.

• (3) For the purpose of executing any work under this section and ascertaining all compensation for damage and other matters in relation thereto, the Minister and his officers and servants shall have the powers and authorities vested in the Commissioners of Public Works in Ireland under and by virtue of the statutes in that behalf made and provided.

• (4) No work or alteration under this section in the bed of any river shall be made in such a manner as to injure the effective power of any mill or factory or in any way to impede or interrupt the drainage of lands adjoining such river.

• (5) Reasonable compensation shall be made by the parties on whose application any works are authorised under this section for any damage or injury done or to be done or suffered consequently or otherwise in the execution of such works.

• (6) The board of conservators of a fishery district may from time to time apply any portion of its funds which it thinks fit for the purpose of removing or making passes in or over natural obstructions in any river in its fishery district, subject to the sanction of the Minister, under the preceding subsections of this section, and upon obtaining the sanction of the Minister the said board may place to the credit of the Minister such sum of money as has been for that purpose approved and sanctioned by him and thereupon it shall be lawful for the Minister to construct such works and make such alterations in the bed of any river as shall effectually secure a free and uninterrupted passage for fish, pursuant to the powers and provisions of the preceding subsections of this section.

119 Offences in relation to fish passes made under section 62 or 63 of the Fisheries (Ireland) Act, 1842, or section 115 or 118.

119.—(1) In this section “fish pass” means a fish pass made under section 62 or 63 of the Fisheries (Ireland) Act, 1842 or section 115 or 118.

• (2) If any person—

• (a) takes, kills or destroys any fish in a fish pass, or

• (b) hangs, fixes, uses or sets in a fish pass any fishing engine, or

• (c) places any obstruction, uses any contrivance or does any act whereby fish may be scared, deterred or in any way prevented from freely passing up and down through a fish pass at all periods of the year, or

• (d) fails to preserve a fish pass free from every obstruction,

such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds, and, if the offence is that of placing any obstruction or contrivance in a fish pass, the Court shall order the removal thereof at the expense of the offender.

• (3) Where—

• (a) it is alleged in a complaint and proved that an offence under this section was committed in such circumstances as to afford reasonable grounds for believing that the offence was committed—

• (i) by some person in the employment or under the control of the owner or occupier of a mill or factory, or

• (ii) with the knowledge or connivance of such owner or occupier or of the person in charge of such mill or factory, or

• (iii) through the default of reasonable precaution on the part of such owner or occupier to prevent such offence, and

• (b) it is alleged in the complaint and proved that the offence was committed, but that the person who committed the offence is unknown or cannot be found, and

• (c) the owner or occupier of the mill or factory is charged with such offence,

such owner or occupier shall be deemed to be guilty of such offence and shall be punishable accordingly.

120 Penalty for using fishing engine within hundred yards of certain dams.

120.—(1) If any person uses any fishing engine (except rod and line) for taking fish within two hundred yards above or below any dam used for supplying water to mills or factories or for navigation, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine of not less than two pounds and not more than ten pounds.

• (2) Where a person is convicted of an offence under this section, the fishing engine in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited.

• (3) Subsection (1) of this section shall not apply in respect of the use of any fishing engine in any place within two hundred yards of any such dam as is mentioned in the said subsection where the right to use such fishing engine was exercised in that place by any person lawfully possessed of a several fishery therein for twenty years next before the 14th day of August, 1850.

121 Penalty for using fishing engine at or within fifty yards of a mill dam to which there is no fish pass.

121.—(1) Notwithstanding anything contained in section 120 it shall not be lawful for any person, though possessed of a several fishery in respect of which a right to use a fishing engine at any place within two hundred yards of a mill dam was exercised for twenty years next before the 14th day of August, 1850, to use any fishing engine (except rod and line) at or within fifty yards above or below such mill dam unless—

• (a) there is attached to such mill dam a fish pass of such form and dimensions as may be approved of by the Minister, and

• (b) such fish pass has constantly running through it such flow of water as will enable salmon to pass up and down it.

• (2) If any person contravenes subsection (1) 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 of not less than five pounds and not more than twenty pounds.

122 Provisions in relation to wheel sluices, etc., of mills, etc., deriving water from salmon rivers.

122.—(1) In this section—

the word “mill” includes any factory, machine, building or other work by or for which water is taken or used for any purpose, but does not include any work for the generation, by means of hydraulic power, of electricity, for distribution and supply to the public;

the expression “wheel sluices”, in relation to a mill, means the sluices which admit water to the wheels of such mill.

• (2) The following provisions shall apply in relation to every mill which derives its supply of water from a salmon river—

• (a) in case there is a fish pass in the dam belonging to the mill, the wheel sluices and the waste gates or over-falls shall be kept shut,—

• (i) for twenty-four consecutive hours in each week between the hour of 6 o'clock p.m. on Saturday and the hour of 6 o'clock a.m. on the next following Monday, and

• (ii) during any other period when the mill is not being worked;

• (b) in case there is no fish pass in the dam belonging to the mill and the waste gate on the upstream side of the wheel sluices is erected in a channel suitable for the passage of fish, the wheel sluices shall be kept shut and the said waste gate kept open—

• (i) for twenty-four consecutive hours in each week between the hour of 6 o'clock p.m. on Saturday and the hour of 6 o'clock a.m. on the next following Monday, and

• (ii) during any other period when the mill is not being worked;

• (c) if the provisions of paragraph (a) or paragraph (b) of this subsection are not complied with, the occupier of the mill shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine of not less than three pounds and not more than ten pounds.