PART IVPROTECTION OF FISHERIES

Obstructions to passage of fish

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

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.