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.