Fisheries Act (Northern Ireland) 1966

55 Offence of taking fish in a fish pass, using fishing engines in a fish pass or placing obstacles in a fish pass. N.I.

(1) If any person—

(a) takes or kills any fish in a fish pass; or

(b) uses any fishing engine in a fish pass; or

(c) places any obstacle or contrivance of any kind or does any thing in or near a fish pass in order to deter or prevent fish from freely entering or passing through the fish pass at all times; or

(d) authorises or permits any other person to do any of the acts referred to in the foregoing paragraphs;

he shall be guilty of an offence …F1 .

(2) Where a person is convicted under subsection (1)( c) of the offence of placing an obstacle or contrivance in a fish pass,F2 . . . the Ministry may cause the obstacle or contrivance to be removed and may recover from that person any expenses reasonably incurred in so doing.

(3) Where—

(a) an offence under this section has been committed in relation to a fish pass provided in connection with a mill dam 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) through 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.

F1 1981 NI 7

F2 Words in s. 55(2) repealed (1.6.2009) by Public Authorities (Reform) Act (Northern Ireland) 2009 (c. 3), ss. 1(3)(b), 6, 7(1), Sch. 1 Pt. 2 para. 3(17), Sch. 3 (with Sch. 1 Pt. 1 para. 4(3)); S.R. 2009/172, art. 2(b)(e)