Foyle Fisheries Act (Northern Ireland) 1952

PART III N.I. THE FOYLE FISHERIES COMMISSION

10

Commencement

N.I. Constitution and Functions

11 Establishment of Foyle Fisheries Commission. N.I.

Subs. (1) rep. by SI 1999/859

(2) The functions of the Commission shall be—

(a) the management of the property vested in the Ministry and the Minister under section eight;

(b) the conservation, protection and improvement of the fisheries of the Foyle Area[F1 and the Carlingford Area] generally.

(3) The provisions of the Third Schedule to this Act shall apply to the Commission.

F1 SI 1999/859

12 Exemption from rates and taxes. N.I.

(1) The Commission shall not be liable for any tax whatsoever in respect of the property in or occupation of any lands, tenements and hereditaments or in respect of any of its income.

(2) The Commission shall, in respect of any hereditament …F2 used or occupied by the Commission, be exempt from liability for [F3 regional rate and district rate].

Subs. (3) rep. by 1972 NI 22

F2 1972 NI 16

F3 1977 NI 28

13 Regulations. N.I.

(1) The Commission may, with the approval of[F4 NSMC], make such regulations as appear to the Commission to be expedient for the management, conservation, protection and improvement of the fisheries of the Foyle Area[F4 and the Carlingford Area] and, without prejudice to the generality of the foregoing, may make regulations in relation to all or any of the following matters:—

(a) the regulation of fishing and preservation of good order amongst persons fishing;

(b) the times and seasons for the taking of fish or any kind of fish or for any mode of taking fish or any kind of fish and the conditions subject to which fish or any kind of fish may be taken;

(c) prohibiting any mode of taking or destroying fish or any kind of fish;

(d) the times and places or the mode at or in which any fishing engine may be used;

(e) the description and form of nets to be used and the size of the meshes of those nets;

(f) the prohibition, either absolutely or otherwise than under and in accordance with a licence issued by the Commission, of the use of any fishing engine;

(g) the making of applications for, and the issue, alteration, renewal, and revocation of licences, whether generally or in specified cases;

(h) the protection of waters from poisoning and pollution by any deleterious or poisonous matter, or from any predatory fish or animals;

(i) the prohibition of any practice whatsoever tending in the opinion of the Commission to impede the lawful capture of fish or to be in any manner detrimental to the fisheries;

(j) defining, by reference to a map or otherwise, the mouth of any river in the Foyle Area[F4 or the Carlingford Area], the mouth of any tributary river at its entrance into any other river therein, the boundary between the tidal and freshwater portions of any river therein, the point or points to or from which distances are to be measured under this Act, or the space within which it is prohibited by this Act or by regulations under this section to use or practise certain methods of fishing;

(k) anything referred to in this Act as prescribed;

(l) anything relating in any manner to the management and protection of the fisheries.

(2) Regulations made by the Commission under this section may provide for charging in respect of any licence or other document issued or varied by the Commission such fees, payable at such time and in such manner, as may be prescribed.

(3) Regulations made by the Commission under this section …F5 shall be published in one or more newspapers circulating in the Foyle Area[F4 and the Carlingford Area].

Subs. (4) spent

(5) The Ministry shall cause every regulation made under this Act to be laid before each House of Parliament as soon as may be after it is made and, if a resolution annulling the regulation is passed by either House, within the statutory period next after the day on which the regulation has been laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

[F6 (5A) Nothing in regulations made under paragraph (f) of subsection (1) shall make it an offence for a person, who is not the holder of a licence issued by the Commission, to fish lawfully by rod and line in a production pond at a fish farm operated by the holder of a fish culture licence granted under section 11 of the Fisheries Act (Northern Ireland) 1966.

(5B) In subsection (5A) “production pond” means a pond—

(a) used for the artificial propagation and culture of fish; and

(b) designated for the purposes of this subsection as a production pond in a fish culture licence granted under the said section 11.]

(6) If any person contravenes (whether by act or omission) any regulations under this section, he shall be guilty of an offence against this Act.

F4 SI 1999/859

F5 SLR 1980

F6 1991 NI 13

14 Restriction on number of licences. N.I.

(1) The number of licences for fishing with fishing engines of any kind (other than rod and line) in the tidal waters of the Foyle Area[F7 or the Carlingford Area] which may be issued by the Commission in any year shall not exceed such number as may be for the time being prescribed.

(2) If the number of applications duly made for licences in any year exceeds the maximum number provided for under this section, the licences shall be allocated in such manner as may be prescribed.

F7 SI 1999/859

Valid from 01/06/2008

[F8 14A Acquisition and development of waters for angling N.I.

(1) The Commission may, for the purpose of developing or improving facilities for angling, acquire by agreement—

(a) fishing rights in any waters in the Foyle Area or the Carlingford Area;

(b) any estate in land by virtue of which such rights are exercisable;

(c) any estate in any other land which the Commission is satisfied it is expedient to acquire for the safeguarding or the full enjoyment or exploitation of those rights.

(2) Where fishing rights in respect of any waters have been acquired by the Commission under subsection (1)(a), the Commission may do all such things as are necessary or expedient—

(a) for the proper development of those waters, and of any land acquired under subsection (1)(b) or (c), for angling; or

(b) for the provision of facilities or amenities for persons authorised by the Commission to enter such land.]

F8 S. 14A inserted (1.6.2008) by Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 (S.I. 2007/915 (N.I. 9)), arts. 1(3), 8 (with art. 32); S.R. 2008/232, art. 2, Sch.

Valid from 01/06/2008

[F9 14B Permits to fish in Commission's waters N.I.

(1) Where the Commission owns or manages the fishing rights in any waters—

(a) the Commission may issue permits, or make arrangements for their issue through agents, authorising the holder of such a permit to use a rod and line in the waters to which the permit relates; and

(b) may, subject to subsection (2), charge for the issue of such permits such sums as may be prescribed.

(2) The Commission may under subsection (1)(a) issue complimentary permits to such persons as may be prescribed in such circumstances as may be prescribed and nothing in this Act shall require such persons to make any payment in respect of such a permit.

(3) A permit issued under subsection (1)(a) shall be granted for such period, and subject to such conditions, as may be specified in the permit.

(4) Where a permit is issued under subsection (1)(a) in relation to any waters, any person who—

(a) without obtaining such a permit, uses a rod and line in those waters;

(b) contravenes any condition to which a permit is subject;

(c) uses or, with intent to deceive, presents a permit for any time, date, period, place or purpose other than that for which that permit is valid;

(d) uses or presents, as being a permit of which he is the holder, a permit issued in the name of any other person; or

(e) uses or presents a permit that has been to his knowledge either in any manner altered (otherwise than by a person duly authorised by the Commission) or fraudulently counterfeited,

shall be guilty of an offence against this Act.]

F9 S. 14B inserted (1.6.2008) by Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 (S.I. 2007/915 (N.I. 9)), arts. 1(3), 9 (with art. 32); S.R. 2008/232, art. 2, Sch.

Ss. 15‐18 rep. by SI 1999/859

N.I. Dissolution of Londonderry Board

19 Dissolution of Londonderry Board. N.I.

(1) The Londonderry Board is hereby dissolved.

(2) All property, rights and liabilities of the Londonderry Board are hereby transferred to the Commission.

S. 20 rep. by SLR 1976

S. 21 rep. by SI 1999/859