(1)Subject to subsection (2), if any person at any time in any pool, work or watercourse appurtenant to a mill either wilfully takes or kills any fish or uses a fishing engine for the purpose of taking or obstructing fish, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [F1 £500] or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.
(2)Subsection (1) shall not apply to the lawful use of a rod and line for the taking of fish of any kind otherwise than during the annual close season for angling for fish of that kind.
(3)Where—
(a)an offence under this section has been committed by means of shutting down or closing any gate or sluice which is under the exclusive power of the occupier of the mill; and
(b)the person who committed the offence is unknown or cannot be found; and
(c)the occupier of the mill is charged with the offence;
the occupier shall be deemed to be guilty of the offence and shall be punishable accordingly.
(4)Where—
(a)an offence under this section has been committed in such circumstances as to appear to the court 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 the mill; or
(ii)with the knowledge or connivance of the owner or occupier or of the person in charge of the mill; or
(iii)throught the default of reasonable precaution on the part of the owner or occupier to prevent the offence; and
(b)the person who committed the offence is unknown or cannot be found; and
(c)the owner or occupier of the mill is charged with the offence;
the owner or occupier shall be deemed to be guilty of the offence and shall be punishable accordingly.