FISHERIES ACT (NORTHERN IRELAND) 1966 - SECT 83 Fishing in or near or obstructing free gaps.

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FISHERIES ACT (NORTHERN IRELAND) 1966 - SECT 83

Fishing in or near or obstructing free gaps.

83.(1) Subject to subsection (4), if any person

(a)uses any fishing engine in a free gap in a fishing weir; or

(b)uses any fishing engine (not being a rod and line) within fifty yards above
or below any part of a fishing weir or the free gap in a fishing weir; or

(c)places any obstruction in a free gap; or

(d)uses any contrivance or does any act whereby fish may be scared, deterred
or in any way prevented from freely entering and passing up and down a
free gap at all times; or

(e)places any thing whatsoever in, over or across a free gap in a
fishing weir, except a temporary bridge or board during the time only when the
persons engaged in the fishing of that weir are passing over the free gap; or

(f)in any manner prevents the free and uninterrupted passage of fish through
the free gap at any time; or

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

(2) Where the owner or occupier of a fishing weir is charged under subsection
(1) with the offence of placing an obstruction in the free gap in that weir,
and it is proved that the obstruction was placed in the free gap, it shall be
presumed, until the contrary is shown, that the obstruction was placed in the
free gap by him.

(3) Where a person is convicted of an offence under this section in respect of
an obstruction in the free gap of a fishing weir, the Board or, failing
the Board, the Ministry, may cause the obstruction to be removed and may
recover from that person any expenses reasonably incurred in so doing.

(4) Where a licence granted by the Ministry under section 84 with respect to
an eel weir is for the time being in force, this section shall not operate to
penalise any act or thing authorised by the licence.

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Northern Irish Legislation

FISHERIES ACT (NORTHERN IRELAND) 1966 - SECT 83