(1)If any person places or hangs any fishing engine for taking eels in an eye or gap of any fishing weir during—
(a)the annual close season for eels taken by means of a fishing engine to which section 107( a) applies; or
(b)the daytime, within any period that is not the annual close season for eels taken by a fishing engine to which section 107( a) applies,
he shall be guilty of an offence and shall be liable on summary conviction [F1 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)Where a person is charged with an offence under this section and it is proved that at a particular time a fishing engine for taking eels was placed or was hanging in an eye or gap of a fishing weir, and that that person was at that time the occupier of the fishing weir, then it shall, until the contrary is proved, be presumed that the fishing engine was so placed or hung by him.