PART IVPROTECTION OF FISHERIES
Obstructions to passage of fish
57Penalty for taking fish in works or watercourses appurtenant to mills.
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.