FISHERIES ACT (NORTHERN IRELAND) 1966 - SECT 57 Penalty for taking fish in works or watercourses appurtenant to mills.

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FISHERIES ACT (NORTHERN IRELAND) 1966 - SECT 57

Penalty for taking fish in works or watercourses appurtenant to mills.

57.(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 [#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;

(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;

Provisions in relation to sluices, etc., of mills deriving water from rivers.

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Northern Irish Legislation

FISHERIES ACT (NORTHERN IRELAND) 1966 - SECT 57