(1)Any person who takes or kills, or attempts to take or kill, except with rod and line, or scares or disturbs any salmon or trout—
(a)at any place above or below any dam or any obstruction, whether artificial or natural, which hinders or retards the passage of salmon or trout, being within 50 yards above or 100 yards below the dam or obstruction, or within such other distance from the dam or obstruction as may be prescribed by byelaw; or
(b)in any waters under or adjacent to any mill, or in the head race or tail race of any mill, or in any waste race or pool communicating with a mill; or
(c)in any artificial channel connected with any such dam or obstruction,
shall be guilty of an offence.
(2)Nothing in this section shall apply to any legal fishing mill dam not having a crib, box or cruive, or to any fishing box, coop, apparatus, net or mode of fishing in connection with and forming part of such a dam or obstruction for purposes of fishing.
(3)Where a fish pass
[F1(a)approved by the Agency, or
(b)constructed and maintained by the Agency in accordance with section 10(1) above,]
is for the time being attached to a dam or obstruction, this section shall not be enforced in respect of the dam or obstruction until compensation has been made by the water authority to the persons entitled to fish in the waters for that right of fishery.
Textual Amendments
F1S. 17(3)(a)(b) substituted for words (1.4.1996) by 1995 c. 25, s. 105, Sch. 15 para. 15 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3