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Penalties for fishing in or near free gaps in fishing weirs and obstructing free gaps.
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17.—(1) If any person—
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(a) uses any fishing engine in a free gap, or
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(b) uses any fishing engine (not being a rod and line) within fifty yards above or below any part of a fishing weir, or
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(c) places any obstruction in the free gap of a fishing weir, or
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(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 periods of the year, or
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(e) places any bridge, board, cloth or any other 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 the said weir are passing over the free gap,
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such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to—
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(i) in the case of a first offence under this section, a fine of not less than five pounds and not more than twenty pounds, and,
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(ii) in the case of a second or any subsequent offence under this section a fine of not less than ten pounds and not more than fifty pounds.
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(2) Where—
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(a) the owner or occupier of a fishing weir is charged under subsection (1) of this section with the offence of placing an obstruction in the free gap in such fishing weir, and
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(b) it is proved that such obstruction was placed in such free gap,
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it shall be presumed, until the contrary is shown, that such obstruction was placed in such free gap by him.
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(3) Where a person is convicted of the offence of placing an obstruction in the free gap in a fishing weir, the Minister may cause such obstruction to be removed and any expenses incurred by the Minister under this subsection shall be a debt due by such person to the Minister and may be recovered as a simple contract debt in any court of competent jurisdiction.
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