Salmon and Freshwater Fisheries Act 1975

8 Fishing mill dams

(1) No unauthorised fishing mill dam shall be used for taking or facilitating the taking of salmon or migratory trout.

(2) A fishing mill dam shall not be used for the purpose of taking salmon or migratory trout unless it has attached to it a fish pass of such form and dimensions as may be approved by the Minister, and unless the fish pass is maintained in such a condition and has constantly running through it such a flow of water as will enable salmon and migratory trout to pass up and down the pass.

(3) If any person—

(a) uses an unauthorised fishing mill dam as mentioned in subsection (1) above ; or

(b) uses or attempts to use a dam in contravention of subsection (2) above,

he shall be guilty of an offence.

(4) If a fishing mill dam has not a fish pass attached to it as required by law, the right of using the fishing mill dam for the purpose of taking fish shall be deemed to have ceased and be for ever forfeited, and the water authority for the area may remove from it any cage, crib, trap, box, cruive or other obstruction to the free passage of the fish.

(5) In subsection (1) above " unauthorised fishing mill dam " means any fishing mill dam which was not lawfully in use on 6th August 1861, by virtue of a grant or charter or immemorial usage.