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14 1959

FISHERIES (CONSOLIDATION) ACT, 1959

Chapter II.

Restrictions on Sites of Fixed Engines.

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.

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.

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.

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.