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Fisheries Act (Northern Ireland) 1966

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N.I.

Fisheries Act (Northern Ireland) 1966 F1

1966 CHAPTER 17

An Act to extend the functions of the Ministry of Agriculture in relation to fisheries and to make provision for the development and improvement of fisheries by, or with the assistance of, that Ministry; to establish the Fisheries Conservancy Board for Northern Ireland, and to define their functions; to provide for the transfer to that Board of the property, rights and liabilities of, and to dissolve, the existing boards of conservators; to consolidate with amendments the Fisheries Acts (Northern Ireland) 1842 to 1954 and certain other enactments relating to fisheries; otherwise to amend the law with respect to fisheries; and for purposes connected with those matters.

[21st June 1966]

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F1App. (hovercraft), SI 1972/971

PART IN.I.FUNCTIONS OF THE MINISTRY OF AGRICULTURE

N.I.Preliminary

1Responsibility of the Ministry for fisheries in Northern Ireland.N.I.

(1)Subject to the provisions of this Act, the Ministry of Agriculture (in this Act referred to as “the Ministry” ) shall be responsible in Northern Ireland for the supervision and protection of fisheries and for fostering the establishment and development of fisheries, and for those purposes shall exercise the functions conferred on the Ministry by this Act.

(2)Subsection (1) shall have effect without prejudice to any provision of the Foyle Fisheries Acts.

N.I.Development and improvement of facilities for angling

[F21APromotion of angling.N.I.

The Department may promote angling and for that purpose may—

(a)exercise any of the functions conferred on it by sections 2 to 7;

(b)encourage and advise bodies interested in angling; and

(c)take such other steps as appear to it appropriate to secure the furtherance and development of angling.]

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2Acquisition and development of waters for angling.N.I.

(1)The Ministry shall have power to acquire by agreement fishing rights in any inland waters, for the purpose of developing or improving facilities for angling, and accordingly may, so far as is reasonably necessary for or is incidental to that purpose, so acquire—

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

(b)any estate in any other land which the Ministry 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 Ministry under subsection (1), the Ministry may do all such things as are necessary or expedient for the proper development of those waters, and of any land acquired under that subsection, for angling or for the provision of facilities or amenities for persons authorised by the Ministry to enter thereon.

(3)Without prejudice to the generality of the provisions of subsection (2), the things that may be done in exercise of the powers conferred by that subsection shall include—

(a)the provision of proper means of access to waters used or capable of being used for angling, including the provision of roads, stiles, jetties, quays or boats;

(b)the removal or exclusion from any such waters of any predatory animal or of either any other animal or any plant, organism or substance which is harmful to fish of a particular kind or the food of fish; and

(c)the stocking of any such waters with fish in pursuance of section 10.

[F33Development of derelict waters for angling.N.I.

(1)This section applies where—

(a)the Department is of the opinion that any inland waters should be developed for angling; and

(b)the person who is entitled to the fishing rights in those waters is unknown or cannot be found.

(2)The Department may—

(a)undertake the development of those waters for angling; or

(b)authorise an approved developer to undertake such development in accordance with an approved scheme submitted to the Department by that developer.

(3)Before undertaking or authorising the development of any waters in pursuance of subsection (2), the Department shall on at least two occasions and at intervals of not less than 14 days publish in one or more than one newspaper circulating in the locality in which the waters are situated and in the Belfast Gazette, a notice—

(a)containing particulars sufficient to identify the waters;

(b)stating that the Department proposes to develop those waters or, as the case may be, that the Department proposes to authorise their development in accordance with a scheme;

(c)indicating in a general manner the Department's proposals for such development or, as the case may be, the nature of the scheme;

(d)specifying, where the Department proposes to authorise such development in accordance with a scheme, the name and address of the approved developer who has submitted the scheme and the name and address of a place at which copies of the scheme may be inspected at reasonable times; and

(e)calling upon any person who claims any right of fishing in those waters or who objects to their development, to notify the Department of his claim, or of his objection and of the grounds thereof, within such period as may be specified in the notice, being a period expiring no earlier than 28 days from the date of the second notice so published.

(4)The Department shall serve a copy of any notice published under subsection (3) upon every person who appears to the Department to be an owner of land adjoining the waters in question.

(5)Where—

(a)a notice has been published under subsection (3) with respect to any waters; and

(b)any person notifies the Department of his claim to fishing rights in those waters or any part thereof and produces to the Department prima facie evidence of his title,

the Department shall not, with respect to those waters or, as the case may be, any such part thereof, take any further action under this section.

(6)Where—

(a)a notice has been published under subsection (3) with respect to any waters; and

(b)any person notifies the Department of his objection and of the grounds thereof,

the Department shall consider that objection unless, in its opinion, the objection is vexatious, frivolous or insubstantial.

(7)Nothing in subsection (5) or (6) shall prejudice the power of the Department to provide assistance under section 5 for the development or improvement of such waters for angling in accordance with a programme agreed upon under section 6 by the Department and such a person as is mentioned in either of those subsections, or any other power conferred by this Part.

(8)If, in relation to the waters referred to in a notice published by the Department under subsection (3) or in relation to any part of those waters—

(a)no claim to fishing rights is notified to the Department under subsection (5) or no objection is so notified under subsection (6); or

(b)all claims and objections so notified are withdrawn or disposed of;

the Department—

(i)may, in accordance with the proposals referred to in the notice, execute such works and do such things as the Department is by section 2(2) and (3) empowered to execute or do in the case of waters the fishing rights in respect of which are owned by the Department; or

(ii)may authorise the approved developer to implement the approved scheme.

(9)In relation to waters to which subsection (8) applies—

(a)the Department or, as the case may be, the approved developer may, to the exclusion of any other person, exercise in all respects the rights of the owner of a several fishery;

(b)the Department may, in particular, issue permits in respect of such waters in accordance with section 7A, or

(c)the approved developer may, in particular, issue to persons making application therefor permits for periods not exceeding one year authorising them to fish in any such waters, and charge such reasonable sums for the issue of such permits as the approved developer may determine.

(10)Where, under subsection (2), the Department undertakes the development of any waters for angling, those waters shall for the purposes of section 24(b) and of any provision of this Act relating to the protection of waters the fishing rights in which are owned by the Department be deemed to be such waters.

(11)Where, under subsection (2), the Department undertakes the development of any waters for angling, the Department may acquire by agreement any estate in land which the Department is satisfied it is expedient to acquire for the exploitation of those waters.

(12)In this section and in sections 3A and 4—

  • “approved developer” means—

    (a)

    any person intending to develop any waters for angling, or

    (b)

    any body or association of persons established for or having among its objects such development;

    and approved by the Department for the purposes of this section;

  • “scheme” means a scheme submitted to the Department under section 3A, and “approved scheme” means such a scheme which has been approved by the Department under that section; and

  • “waters” include any part thereof.

(13)The Department shall not approve a developer for the purposes of this section unless it is satisfied that the development will provide—

(a)angling for members of the public or a section thereof, or

(b)angling associated with a catering establishment registered in a register maintained under paragraph (a), (b) or (c) of section 10(1) of the Development of Tourist Traffic Act (Northern Ireland) 1948.

(14)In this section (except subsection (7)) and in sections 3A and 4 references to the development of waters shall be construed as including references to the improvement, maintenance and management of waters.

(15)Nothing in this section shall be taken to prejudice the title of any person (including the Department) in relation to fishing rights in waters to which it applies.]

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[F43ASchemes for development of derelict waters.N.I.

(1)A scheme submitted to the Department for the purposes of section 3 shall be—

(a)in such form and contain such particulars as may be prescribed by regulations; and

(b)accompanied by such documents as may be so prescribed.

(2)A fee of such amount as may be prescribed by regulations, made with the approval of the Department of Finance and Personnel, shall be payable by the approved developer on submitting a scheme.

(3)The Department may approve a scheme with or without amendments.

(4)In considering whether to give its approval to a scheme, the Department shall take into account such matters as are in its opinion appropriate and, in particular—

(a)the nature of the scheme and its potential effect on other fisheries;

(b)the financial and other resources available to the developer proposing the scheme;

(c)the arrangements made by the developer with owners of land to facilitate access to the waters to which the scheme relates; and

(d)the extent to which those waters, are already open to the public for angling.

(5)Approval of a scheme shall be expressed to expire after the specified period.

(6)Approval of a scheme may be—

(a)given subject to conditions; and

(b)withdrawn on failure to comply with those conditions.

(7)The Department, on the application of the developer who proposed a scheme or otherwise, may vary an approval so as to—

(a)restrict the specified period; or

(b)add, remove or vary conditions to which the approval is subject.

(8)On the expiration of the specified period the approved developer shall cease to occupy the waters forthwith.

(9)Nothing in this section shall preclude an approved developer, who has in consequence of subsection (8) ceased to occupy waters, from submitting to the Department a further scheme in respect of those waters.

(10)In this section and in section 4 “the specified period” means, subject to subsection (11) and section 4(3), such period as the Department may specify in relation to an approved scheme, being a period which expires no less than 5 years and no more than 15 years from the date on which the Department under section 3(2)(b) authorises the approved developer to undertake development of the waters in accordance with the scheme.

(11)Where, under subsection (6), the Department withdraws its approval of a scheme, the specified period shall come to an end on the expiration of 30 days from the date on which the Department notifies the approved developer of that withdrawal, and subsection (8) and section 4 shall apply accordingly.]

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[F54Provisions supplemental to sections 3 and 3A.N.I.

(1)The following provisions of this section shall have effect where—

(a)the Department has under section 3—

(i)undertaken the development of any waters for angling, or

(ii)authorised an approved developer to undertake such development in accordance with an approved scheme; and

(b)a person claiming to be entitled to fishing rights in respect of those waters (in this section referred to as "the owner") thereafter produces to the Department proof of his title to the rights.

(2)Where the Department is the occupier of the waters, the Department shall be entitled to remain in occupation for the period of 5 years from the date on which the owner produces to the Department proof of his title to the fishing rights in respect of the waters.

(3)Where an approved developer is the occupier of the waters, that developer shall be entitled to remain in occupation until the expiration of—

(a)the period of 5 years from the date on which the owner produces to the Department proof of his title to the fishing rights in respect of the waters, or

(b)the specified period,

whichever is the earlier.

(4)On the expiration of the period for which the occupier is by virtue of subsection (2) or (3) entitled to remain in occupation of the waters, the occupier shall cease to occupy the waters forthwith; but nothing in this subsection or in subsection (3) shall prejudice the Department's powers under section 3A(6) and (7).

(5)The occupier shall pay compensation to the owner in respect of its occupation of the waters for the period beginning—

(a)if the occupier is the Department, on the date when the Department first began to undertake the development of the waters; or

(b)if the occupier is an approved developer, on the date when the Department authorised that developer to undertake the development of the waters in accordance with an approved scheme;

and ending on the date when, in accordance with subsection (2) or (3), the occupier ceases to be entitled to occupy the waters.

(6)Any question as to—

(a)the sufficiency of any evidence tendered by the owner in proof of his title to the fishing rights;

(b)whether compensation is payable under subsection (5); or

(c)the amount of such compensation;

shall, in default of agreement, be referred to and determined by the Lands Tribunal.

(7)No proceedings shall be brought under subsection (6) after the expiration of the period of one year from the date on which the occupier is obliged by virtue of section 3A(8) or subsection (4) of this section to cease to occupy the waters.

(8)When assessing compensation under subsection (6), the Lands Tribunal shall have regard to—

(a)the extent to which fishing rights in the waters were exercised by the owner during the 10 years immediately preceding the date when the Department first began to undertake the development of the waters or, as the case may be, authorised the approved developer to undertake such development in accordance with an approved scheme; and

(b)the value of any development of the waters for angling, undertaken by the occupier.

(9)Occupation of any waters such as are mentioned in subsection (1) shall not confer on the occupier any rights in respect of such waters other than those mentioned in section 3 or this section.

(10)In this section—

  • “the occupier” means—

    (a)

    where the Department has undertaken the development of waters for angling, the Department, and

    (b)

    where the Department has authorised an approved developer to undertake such development in accordance with an approved scheme, that developer;

  • “the owner” has the meaning given in subsection (1)(b).]

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5Payment of grants and execution of works for the development, etc., of waters for angling.N.I.

(1)The Ministry, upon the application of—

(a)any person who is, by virtue of his ownership of any fishing rights, for the time being entitled to take fish in any inland waters; or

(b)any association of persons established for the purpose of developing or improving any waters for angling,

may, in accordance with the terms of a programme approved by the Ministry under section 6,—

(i)make grants to that person or association towards any expenditure reasonably incurred by him or them for the purposes of developing or improving any such waters for angling or of providing or improving facilities or amenities for anglers on or in connection with such waters;

(ii)cause such works to be executed and do such things as are expedient for any such purposes.

(2)Without prejudice to the generality of paragraph (i) of subsection (1), the purposes for which grants may be made under that paragraph or for which works may be executed or any thing done under paragraph (ii) of that subsection shall include the doing of any thing which may, under section 2(2) and (3), be done by the Ministry in the case of waters the fishing rights in respect of which are owned by the Ministry.

6Programme for the development, etc., of waters for angling.N.I.

(1)A person applying to the Ministry under subsection (1) of section 5 for any assistance such as is described in paragraph (i) or (ii) of that subsection, or a person so applying on behalf of any association, shall submit to the Ministry a programme for the development or improvement of the waters with respect to which the application is made, and the Ministry may approve the programme without modification or subject to any modfication that may be agreed upon between the Ministry and the applicant, or may refuse to approve the programme.

(2)In determining the amount of any grant for which application is made under section 5(1)(i) or the nature or extent of any works proposed to be executed or thing to be done under section 5(1)(ii), the Ministry shall have regard to—

(a)the security of tenure of the applicant or, as the case may be, the association or any of their members of any estate in land by virtue of which any right of taking fish in those waters is exercisable by him or them;

(b)any representations made to the Ministry by any other person who has such an estate in land, and the willingness of any such other person to enter into an agreement with the Ministry or the applicant for the futherance of the purposes of the programme;

(c)the provisions of the programme with respect to the amount of any financial contribution to be made or work to be done for the purposes of the programme by the person making the application or, as the case may be, the association or any of their members;

(d)the amount of any contribution to be made for the purposes of the programme by a district councilF6 under section 37 of the Local Government (Ireland) Act 1898 [1898 c.37] ;

(e)any other sources of financial assistance available to the applicant; and

(f)the extent to and the terms on which facilities for angling in the waters to which the programme relates will be made available to members of the public or any section thereof.

(3)A programme approved by the Ministry under subsection (1) may be modified with the Ministry's approval, and thereafter shall have effect for the purposes of this section as so modified.

(4)Subject to subsection (5), where the Ministry has approved a programme under this section, the Ministry may revoke its approval if, at any time before the carrying out of the programme is completed, it appears to the Ministry—

(a)that any term of the programme or any condition imposed in connection with the payment of a grant or instalments thereof, or the execution of any works, or the doing of any thing, under section 5 in relation to the programme has not been, or is not likely to be, complied with; or

(b)that in connection with an application for approval of the programme or of any modification of the programme the applicant gave information which was false or misleading in a material respect;

and if before the revocation any payment is made by way of grant in respect of the programme, the Ministry may recover the payment, or so much thereof as it thinks fair, as a simple contract debt in any court of competent jurisdiction.

(5)Before revoking an approval under subsection (4), the Ministry shall—

(a)give to the applicant or any other person to whom any grant would be payable by the Ministry under the programme, or from whom any payment of such a grant would be recoverable, a written notification of the reasons for the proposed revocation; and

(b)afford to each such person an opportunity of appearing before and being heard by a person appointed for the purpose by the Ministry; and

(c)consider the report of the person so appointed and supply a copy of the report to each person who was entitled to appear before the person submitting it.

(6)For the purpose of giving effect to the provisions of a programme to which the Ministry has given its approval under this section, or of securing the observance by any person of conditions attached to such approval, the Ministry may enter into an agreement with any person or association, by or on behalf of whom the programme was submitted, or with any person acting on behalf of such an association, or with any other person such as is referred to in subsection (2)( b), on such terms and conditions as the Ministry thinks fit; and without prejudice to the generality of the foregoing provisions of this subsection, the agreement may include provisions for ensuring that any disposition by any such person or association of fishing rights over the waters to which the programme relates or of any land held in connection therewith shall be made on such terms as may be appropriate for securing the continued observance of the conditions by his or their successors in title.

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F61972 c.9 (NI) see s.133(2) of that Act

7Compilation and publication of angling guide.N.I.

(1)The Ministry may enter into arrangements with persons claiming to be entitled to fishing rights in any waters for such persons to supply to the Ministry—

(a)particulars as to—

(i)the availability or otherwise of any such waters for angling by members of the public; and

(ii)the terms upon which waters are made so available; and

(b)such other information in relation to those waters as may appear to the Ministry to be of interest to persons wishing to engage in angling therein.

(2)The Ministry may publish, or may enter into arrangements with any body established under any enactment for the promotion of the development of tourist traffic in Northern Ireland for the publication of, any particulars or information supplied to the Ministry under subsection (1), in the form of an angling guide.

(3)Where the Ministry supplies to any persons copies of an angling guide published by the Ministry under this section, it may make such reasonable charges therefor as will defray any expenses incurred by the Ministry in relation to the preparation and publication of the guide.

N.I.[F7Permits to fish in Department's waters

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7APermits.N.I.

(1)Where the Department owns the fishing rights in any waters—

(a)the Department may issue permits, or make arrangements for their issue through agents, for periods not exceeding one year, authorising the holder of such a permit to use a fishing engine in the waters to which the permit relates; and

(b)may, subject to subsection (2), charge for the issue of such permits such reasonable sums as the[F9 Department may determine].

(2)The Department may under subsection (1)(a) issue complimentary permits to persons not ordinarily resident in Northern Ireland and nothing in this Act shall require such persons to make any payment in respect of such permits.

(3)Where permits are issued under subsection (1) in relation to any waters, any person who, without obtaining such a permit, uses a fishing engine in those waters, shall be guilty of an offence.

(4)Section 45 (offence of falsifying, etc. licences) shall apply in relation to any permit issued under subsection (1) as if—

(a)for any reference in that section to a fishing licence there were substituted a reference to such a permit, F10. . .

(b)F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]]

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N.I.Other provisions for the improvement and protection of fisheries

8General power for stocking of waters.N.I.

Where the Ministry is satisfied—

(a)that for the purpose of developing or improving the fishery of any waters it is expedient to introduce into those or any other waters fish of any kind; and

(b)that the introducing of fish of that kind will not interfere with the reasonable and legitimate interests of any other person,

the Ministry may acquire, and may do such things as are necessary to establish in any such waters, any fish of that kind, or any eggs or young thereof.

9Power of Ministry to improve fisheries at expense of other persons.N.I.

(1)For the purpose of improving any fishery, the Ministry may by agreement with and at the expense of any other person either execute any works or do any thing which that person is entitled to execute or do.

(2)Without prejudice to the generality of subsection (1), the things which may be done by the Ministry in pursuance of an agreement under that subsection shall include any of the things referred to in paragraphs ( a), ( b) and ( c) of section 2(3).

(3)The execution of any works or the doing of any thing by the Ministry by agreement with any other person under subsection (1) shall not diminish in any respect any responsibility of that other person for any act or thing done in pursuance of the agreement.

10Power of Ministry to establish a fish farm.N.I.

(1)The Ministry may establish and operate an undertaking for the culture of fish (in this Act referred to as a “fish farm” ) for the purposes—

(a)of providing yearling or other fish, or fry or ova, for the stocking or restocking of any waters under section 8, or of any waters the fishing rights in which are owned by, or which are under the control of,—

(i)the Ministry, or

(ii)any other person, or

(iii)any association of persons interested in the fishery of any waters; and

(b)in so far as any fish reared in such a fish farm are not required for the purposes mentioned in paragraph ( a), of providing fish for human consumption.

(2)Where, under subsection (1)( a), the Ministry provides fish for the purposes of any other person or any association, the Ministry may do so on such terms as it thinks fit, and may in particular do so in consideration of the payment to the Ministry of a sum of money less than the market value of the fish, or without payment, regard being had to—

(a)any undertaking given to the Ministry by that person or association as to the provision by him or them of facilities for angling by members of the public or any section thereof; or

(b)any proposals of that person or association (whether or not contained in a programme of angling development under section 6) for the development or improvement of any waters for fishing and for the care and protection of such waters after such development or improvement has been carried out.

[F1111 F12Fish culture licences.N.I.

(1)Subject to the following provisions of this section and sections 11A and 11C, the Department may by licence (referred to as "a fish culture licence") authorise any person—

(a)to operate a fish farm at a place specified in the licence, and

(b)to carry on in connection therewith such operations in relation to the culture of fish of any kind specified in the licence as may be so specified.

(2)A fish culture licence—

(a)may contain such conditions as the Department considers appropriate; and

(b)shall include, in particular, conditions as to the times and seasons at and the manner in which fish may be taken.

(3)A fish culture licence may, in so far as is expedient for the purpose of giving effect to any such conditions, exempt—

(a)the holder of the licence and any person acting under his directions, and

(b)a person who acquires fish of any kind taken in accordance with such conditions,

from the restrictions imposed by section 111 in so far as those restrictions apply to fish of that kind.

(4)Without prejudice to subsections (2) and (3), and notwithstanding anything contained in this Act or any regulation F13. . . made under this Act, a person to whom a fish culture licence is granted and any person acting under his directions may, subject to the conditions contained in the licence, do any of the things authorised by the licence.

(5)If any person—

(a)operates a fish farm with respect to which a fish culture licence is not for the time being in force; or

(b)operates a fish farm with respect to which such a licence is in force, otherwise than in accordance with any conditions attached to the licence,

he shall be guilty of an offence.

(6)In this section and in sections 11A and 11B references to the operation of a fish farm include references to such operation in inland or tidal waters or within the seaward limits of the territorial sea adjacent to Northern Ireland.]

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F12funcions transf. by SR 2003/163

[F14F1511AApplications for fish culture licences.N.I.

(1)An application for a fish culture licence—

(a)shall be made to the Department in such form and manner, and

(b)shall include such particulars and shall be accompanied by such documents,

as the Department may direct.

(2)If, on considering an application for a fish culture licence, the Department is minded to grant the licence, the Department shall, except in relation to such classes of applications as it may direct, publish, at the applicant's expense, notice of the application in such two or more newspapers as it considers appropriate, stating the address where and the period (not being less than one month from the date of publication) within which objections in writing to the granting of the licence may be sent to it.

(3)If—

(a)within the period mentioned in subsection (2), the Department receives any objections (not being in the opinion of the Department vexatious, frivolous or insubstantial) which are not withdrawn; and

(b)those objections are not such as to cause the Department to become minded not to grant the fish culture licence,

the Department shall cause a local public inquiry to be held by the Water Appeals Commission for Northern Ireland (in this Act referred to as “the Appeals Commission”) for the purpose of considering those objections.

(4)If, otherwise than after the holding of such an inquiry, the Department is minded not to grant the licence or grants the licence subject to conditions—

(a)the Department shall give to the applicant a written notification of the reasons why it is minded not to grant the licence or has granted it subject to conditions; and

(b)the applicant may, within 28 days from the day on which such notification is given, appeal to the Appeals Commission.

(5)Where, under[F16[F17Article 7A(3)(a)] of the Water (Northern Ireland) Order 1999], the consent of the Department of the Environment is required to the discharge of effluent into a waterway in connection with the operation of a fish farm, a fish culture licence shall not be issued in respect of that operation unless such consent is granted.

[F18(5A)Where, under Part 2 of the Aquatic Animal Health Regulations (Northern Ireland) 2009, the authorisation of the Department is required in connection with the operation of a fish farm, a fish culture licence shall not be issued in respect of that operation unless such authorisation is granted.]

(6)Nothing in this section applies to an application for a fish culture licence which is received by the Department before the date of the coming into operation of Article 6 of the Fisheries (Amendment) (Northern Ireland) Order 1991.]

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F15funcions transf. by SR 2003/163

[F1911B F20Discharge of effluent.N.I.

(1)Where—

(a)an application is made to the Department of the Environment under[F21 paragraph 1 of Schedule 1 to the Water (Northern Ireland) Order 1999 ( “the 1999 Order”)], and

(b)in the opinion of that Department, the purpose of the application is to obtain its consent to the discharge into a waterway of effluent or matter in connection with the operation of a fish farm,

the Department of the Environment may, with the approval of the Department, make a direction—

(i)that a local public inquiry to be held under section 11A(3) shall also consider any objection (other than one which is withdrawn or is, in the opinion of the Department of the Environment, vexatious, frivolous or insubstantial) received in response to[F21 the advertisment of the application under paragraph 1 of Schedule 1 to 1999 Order], and

(ii)that the report on the inquiry shall be delivered to each Department.

(2)The Department of the Environment shall give notice of any direction made under subsection (1) to—

(a)the person making the application;

[F22(b)the Foyle, Carlingford and Irish Lights Commission, where the discharge is to be made in the Londonderry Area or the Newry area;]

(c)F23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and (without prejudice to section 23 of the Interpretation Act (Northern Ireland) 1954) that person and the Foyle Fisheries Commission F24. . . shall be entitled to appear and be heard at the inquiry.

(3)[F21Article 13(1) of the 1999 Order] shall not apply to such an application where the Department of the Environment makes a direction under subsection (1) of this section.

(4)[F21Paragraph 2(2) of Schedule 1 to the 1999 Order shall not apply to any application under paragraph 1 of Schedule 1 to that Order] for the purpose mentioned in paragraph (b) of subsection (1) of this section.

Subs. (5) rep. by 1999 NI 6]

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F20funcions transf. by SR 2003/163

F22SI 1999/859

[F2511C F26Amendment, suspension and revocation of fish culture licences.N.I.

(1)The Department may at any time amend any fish culture licence, either on its own motion or on the application of the holder of the licence.

(2)Where the Department proposes to amend any fish culture licence on its own motion, the Department shall—

(a)give to the holder of the licence a written notification of its intention to do so; and

(b)state in that notification—

(i)the specific amendment under consideration, and

(ii)the grounds upon which it is proposed to be made.

(3)If the holder of the licence objects to the proposed amendment, he may, within 28 days from the day on which notification is given to him under subsection (2), appeal to the Appeals Commission.

(4)A fish culture licence may be suspended or revoked in accordance with the provisions of Schedule 1; and in the application of those provisions for the purposes of this section—

(a)“licence” means a fish culture licence; and

(b)the references in paragraphs 1 and 3 to the fishery with respect to which the licence was issued shall be construed as references to the fish farm to which the licence relates.]

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F26funcions transf. by SR 2003/163

12Power of Ministry to conduct or assist research.N.I.

The Ministry may, with the approval of the Ministry of Finance, conduct or promote, or assist (by grants or otherwise) any person in conducting, research or investigations into any matter relating to fish or any fishery.

13Prohibition of introduction of fish of certain kinds.N.I.

(1)Where the Ministry is satisfied that the introduction into any waters of fish of any particular kind would be detrimental to the fishery of those waters, the Ministry may make an order prohibiting the introduction into such waters of any live fish of that kind or any eggs or young thereof.

(2)If any person introduces any thing into any waters in contravention of an order made under subsection (1) he shall be guilty of an offence.

(3)Where an order has been made under subsection (1) with respect to any waters, the Ministry may, on the application of any person, issue to that person a permit to introduce into those waters any thing of a kind the introduction of which into those waters is prohibited by the order, and may attach to the permit such conditions as the Ministry thinks proper and specifies in the permit; and a person to whom such a permit has been granted, or any other person acting under his directions, may, subject to the conditions specified in the permit, do anything authorised by the permit without incurring any penalty under this section.

(4)An order made under this section shall be subject to negative resolution.

14Exemptions for artificial propagation and scientific purposes.N.I.

(1)The Ministry may, by permit in writing and subject to any conditions specified in the permit, authorise any named person to do, at any season of the year, such things as may be specified in the permit for the purpose of the artificial propagation of fish, for some scientific purpose or for the improvement of any fishery, and in particular, without prejudice to the generality of the foregoing,—

(a)to catch fish of any kind specified in the permit and to have in his possession fish of that kind or their ova for the purpose of artificial propagation, transplantation, the stocking, restocking or improvement of any fishery or for any scientific purpose, and for the purpose of so catching to have in his possession, erect and use any fishing engine of a kind specified in the permit or to have in his possession and use any substance of a kind so specified;

(b)to buy or sell ova or fry of fish of any kind specified in the permit for the purpose of stocking or restocking, or for any scientific purpose;

(c)to dispose of fish taken in accordance with the terms of the permit in such manner and on such terms as may be so authorised.

(2)A permit under subsection (1) shall not authorise anything to be done in relation to a several fishery otherwise than with the consent of the owner of that fishery.

(3)Notwithstanding anything contained in this Act or any instrument made thereunder, a person to whom a permit is issued under subsection (1) or any other person acting under the directions of such first-mentioned person may, subject to any conditions specified in the permit, do any of the things authorised by the permit without incurring any penalty under this Act.

(4)A person to whom a permit has been given by the Ministry under this section shall, if when doing anything pursuant to the permit he is so requested by an authorised person, produce the permit to that person.

(5)In subsection (4), “authorised person” has the same meaning as in section 166(1) and (2).

15Regulations with respect to eel fishing.N.I.

(1)The Ministry may make such regulations as appear to the Ministry expedient for the management (other than financial), conservation, protection and improvement of the eel fisheries of Northern Ireland, other than the eel fisheries of the Londonderry Area [F27or the Newry Area], and, without prejudice to the generality of the foregoing provisions may by such regulations do the following things:—

(a)regulate the establishment and use of eel weirs and the manner of erecting or hanging fishing engines therein;

(b)fix and alter the close seasons for eels;

(c)prescribe—

(i)the amounts of licence duties payable to [F28the Department] in respect of licences for the use of fishing engines (other than rod and line) for the taking of eels;

(ii)the description and form of any fishing engine to be used for the taking of eels;

(iii)the minimum sizes of the meshes of nets, or the apertures in other fishing engines, used for taking eels;

(iv)the minimum sizes or weight of eels which may be taken;

(v)the times and places or the mode at or in which any fishing engine may be used for taking eels;

(d)F29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)F30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)If any person contravenes a regulation made under this section, he shall be guilty of an offence.

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N.I.Protection of quality of fish

F3115ARegulations for protection of quality of fish.N.I.

(1)With a view to reducing the risk of deterioration of or damage to fish after capture and before they are brought onto retail premises or, if not so brought, are sold by retail, the Ministry, with the concurrence of the Ministry of Health and Social Services, may make regulations imposing a duty on persons engaged in the business of fishing or of handling, processing, storing, transporting or selling fish, and persons acting on their behalf, to comply with such requirements (including requirements relating to processing, hygiene or temperature; or as to the stowage or exposure of fish; or as to the construction, lay out and equipping of holds in fishing boats or of the parts of such boats, or of premises, used for processing fish; or as to the size, form and material of containers and the manner of packing) as may be prescribed by the regulations.

(2)Regulations made under this section may prescribe standards of quality for fish and may limit the purposes for which fish of any of the standards may be used.

(3)If any person contravenes a provision of regulations made under this section he shall be guilty of an offence, and if in the case of any fishing boat [F32 there is a contravention of any such provision,—

(a)the master of the boat, and

(b)the charterer, if any, of the boat, or, if there is no charterer, the owner, and

(c)where there is a charterer and the offence relates to the construction or lay out of any part of the boat, also the owner of the boat,]

shall each be guilty of an offence.

(4)In this section “processing” in relation to fish includes preserving or preparing the fish, or producing any substance or article from it, by any method for human or animal consumption and “retail premises” means any separate and distinct premises, or part of any premises, used solely for the purposes of sale by retail or any vehicle so used.]

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N.I.Definitions of mouths of rivers, etc.

16Definitions of mouths of rivers, etc.N.I.

(1)For the purposes of this Act, the Ministry may by order define, by reference to a map or otherwise,—

(a)the mouth of any river at its entrance into any lake or the sea;

(b)the mouth of any tributary river at its entrance into any other river;

(c)the boundary between the tidal and freshwater portions of any river;

(d)the point or points to or from which distances are to be measured under this Act;

(e)the areas within which it is prohibited under this Act to use or practise certain methods of fishing;

F33[(f)the boundary between so much of[F34 the Northern Ireland zone] as is within, and so much thereof as is without, the Londonderry Area [F35or the Newry Area].]

(2)Where several rivers flow into a common mouth or estuary, an order under this section may declare that the outlets of such rivers form separate mouths.

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F34SI 2002/790

N.I.Records and returns

17Records and returns by holders of fishing licences and dealers' licences and persons engaged in the sea-fish industry.N.I.

(1)The Ministry may make regulations with respect to—

(a)the records to be kept and the returns to be made by—

(i)holders of fishing licences;

(ii)holders of dealers' licences;

(iii)persons engaged in business in connection with the wholesale distribution or the processing of sea-fish;

F36[(iv)sea-fishermen;

(v)fish-salesmen;]

(b)the persons to whom, the times at which, and the forms in which the returns are to be made;

(c)the heads under which particulars are to be included in such records or returns; and

(d)such other matters with respect to the records or returns (including the inspection, verification and copying of records by an officer of the Ministry) as may seem expedient.

(2)Every person required by regulations made under this section to keep any record or to make any return, who—

F37[(a)acts in contravention of any provision of the regulations; or]

(b)makes in a record or return any statement which to his knowledge is false or misleading in any material respect,

shall be guilty of an offence.

F38[(3)In subsection (1)( a) in sub-paragraph (i) “fishing licence” does not include a licence to fish with rod and line and in sub-paragraph (iii) “processing” has the same meaning as in section 15A(4).]

F36[(4)In this section—

(a)“sea-fishermen” includes the master, charterer or owner of a sea-fishing boat;

(b)“fish-salesmen” includes an auctioneer or dealer in fish at the point of landing (as defined by regulations) of the fish.]

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18Disclosure of returns and information.N.I.

(1)Subject to subsection (2), returns or any information contained in returns furnished pursuant to section 17 shall not, without the consent of the person by whom any return was made, or, as the case may be, the person to whose business the returns relate, be disclosed otherwise than to the Ministry or an officer of the Ministry.

(2)Subsection (1) shall not apply to—

(a)the disclosure of returns or information in the form of a summary of similar returns or information furnished by or obtained from a number of persons, if the summary is so framed as not to enable particulars relating to any individual or any individual business to be ascertained from it; or

(b)any disclosure of information made for the purposes of any legal proceedings pursuant to this Act, or for the purposes of any report of any such proceedings; or

(c)the disclosure of any such returns or information in so far as the disclosure is required or authorised by or under this Act.

(3)If any person discloses any information in contravention of this section, he shall be guilty of an offence.

N.I.Regulations

19Regulations.N.I.

(1)The Ministry may make regulations prescribing anything which, under this Act, may be prescribed by regulations, and providing for any matter in respect of which regulations may be made under this Act.

(2)Regulations made under this Act shall be subject to negative resolution.

N.I.Inquiries

20Power of Ministry to hold inquiries and investigations.N.I.

(1)The Ministry may cause local or other inquiries to be held or investigations to be made in relation to the fisheries of Northern Ireland or any of them and the best means to be adopted for the management, conservation, protection or improvement thereof, or in relation to the operation of this Act.

(2)This section shall not be construed as empowering the Ministry to cause inquiries to be held or investigations to be made in any case in relation to which the Foyle[F39 Carlingford and Irish Lights] Commission is authorised to hold inquiries under section 80 of the Foyle Fisheries Act (Northern Ireland) 1952 [1952 c.5] .

F40[(3)Without prejudice to subsection (1), the Department may, with respect to any fish farm for which a fish culture licence under section 11 is in force (including any fishery for which a shell-fish fishery licence is also in force), make such inquiries and examination by an inspector or otherwise, and require from the holder of the licence such information, as the Department considers necessary or proper, and the holder of the licence shall afford all facilities for such inquiries and examination, and give such information, accordingly.

(4)Without prejudice to any provision of Part XI, for the purpose of an examination under subsection (3) an officer authorised in writing in that behalf by the Department, on production if so required of his credentials, may at any reasonable time—

(a)enter any place specified in a fish culture licence under section 11 authorising the operation of a fish farm and any area specified in a shell-fish fishery licence; and

(b)examine that place or land within that area and all fish, buildings, structures, rafts, trays, devices and things found there; and

(c)obtain, take away and dispose of samples (which shall be marked, labelled or otherwise made capable of identification) of any fish, or of any water or other substance, found there;

and the holder of the licence shall afford to such an officer facilities for the exercise by him of any right conferred by this subsection.]

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F39SI 1999/859

21Notice of meetings and inquiries.N.I.

Where the Ministry is required under any provision of this Act to cause a public inquiry or public meeting to be held, sufficient notice of that inquiry or meeting shall be deemed to be given if, not less than fourteen days before the holding of the inquiry or meeting, notice of the time and place at which the inquiry or meeting is to be held, and of the matters to be inquired into or considered thereat, is given by advertisement inserted in one or more than one newspaper circulating in the district where the inquiry or meeting is to be held.

N.I.Report

22Annual report by the Ministry.N.I.

[F41(1)]The Ministry shall cause to be prepared and laid before Parliament an annual report containing for the year to which it relates—

(a)particulars of the Ministry's proceedings under this Act; and

(b)so far as is practicable, a statistical account of the fisheries of Northern Ireland, arranged and classified under such different heads as appear to the Ministry to be most suited for the purpose; and

(c)particulars of the receipt and payment of any sums of money which the Ministry, under the provisions of this Act, receives or pays.

[F41(2)The report under subsection (1) may be made and laid before the Assembly as part of the yearly report required by section 26 of the Agriculture and Technical Instruction (Ireland) Act 1899.]

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N.I.Financial provisions

23Expenses.N.I.

(1)Subject to the succeeding provisions of this Part and without prejudice to section 29(1), there shall be defrayed out of moneys provided by Parliament—

(a)any expenditure incurred by the Ministry under this Act, including, in particular,—

(i)any sums expended in acquiring fishing rights under section 2 or in developing or improving any waters for angling or any land under that section or section 3;

(ii)any sums paid under section 4 to a person claiming fishing rights in waters developed or improved by the Ministry under section 3;

(iii)any grants paid, or the cost of any works executed or things done, under section 5 in pursuance of a programme of angling development approved by the Ministry under section 6;

(iv)any expenditure incurred in publishing an angling guide under section 7;

(v)any expenditure incurred in relation to the stocking of any waters under section 8;

(vi)subject to subsection (2), the cost of executing any works or doing any thing which the Ministry is by this Act authorised to execute or do at the expense of any other person;

(vii)any expenses incurred in relation to a fish farm established under section 10; and

(viii)any sums expended for the purposes of research or investigations carried out by the Ministry under section 12 or of any grants or other assistance provided for other persons under that section; and

(b)any increase attributable to any provision of this Act in the sums which are authorised or required to be so defrayed under any other enactment.

(2)The payment under subsection (1) of the amount of any expenses incurred by the Ministry in executing any works or doing any thing that may be so executed or done under this Act at the expense of any other person shall be subject to the reimbursement of the Ministry in the like amount by the person at whose expense the works are executed or the thing is done.

(3)There shall be paid into the Exchequer any sums received by the Ministry under subsection (2) in reimbursement of any payment such as is described in that subsection.

24Appropriations in aid.N.I.

There shall be appropriated in aid of moneys provided by Parliament for defraying the expenses incurred by the Ministry under this Act any sums received by the Ministry under this Act (other than sums to which sections 23(3) and 29(2) apply), including, in particular,—

(a)any sum paid to the Ministry by a district councilF42 under section 37(1)( a) or ( b)(i) of the Local Government (Ireland) Act 1898 [1898 c.37] , by way of contribution towards the amount of any such expenses;

(b)any sum paid to the Ministry by any person in respect of a permit issued to him by the Ministry authorising him to fish in any waters the fishing rights in respect of which are owned by the Ministry;

(c)any sum recovered by the Ministry under section 6(4) in consequence of the revocation by the Ministry of its approval of a programme of development under that section;

(d)any sum received by the Ministry in respect of the sale of fish from a fish farm operated by the Ministry under section 10; and

F43(e)any other sum paid to the Ministry by a person interested in the development of a fishery to defray any expenses incurred under this Act in relation to that fishery.

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F421972 c.9 (NI) see s.133(2) of that Act

F43prosp. inserted by 1983 NI 21

PART IIN.I.[F44CONSERVATION AND PROTECTION OF SALMON AND INLAND FISHERIES]

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N.I.[F45Functions of the Department of Culture, Arts and Leisure]

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[F4625Functions of the DepartmentN.I.

(1)It is the duty of the Department to conserve and protect the salmon and the inland fisheries of Northern Ireland, other than the fisheries of the Londonderry Area or the Newry Area.

(2)Without prejudice to the generality of subsection (1), the Department may, in the exercise of its functions—

(a)take legal proceedings for the enforcement of any statutory provision with respect to salmon or inland fisheries;

(b)act in co-operation with any other body constituted under a statutory provision for the purpose of publicising any such fisheries as a tourist attraction;

(c)enter into an agreement to enforce the fishing rights of any owner or occupier of land or waters in accordance with such terms and conditions as may be specified in the agreement and on payment of such sums as may be so specified.]

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[F4726 RegulationsN.I.

(1)The Department may make such regulations as appear to it to be expedient for the purposes of its functions in relation to any fisheries to which section 25 applies, and, without prejudice to the generality of the foregoing provisions, may make regulations with respect to 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 for any mode of taking fish and the conditions subject to which fish may be taken;

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

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

(e)the description and form of nets or other fishing engines to be used, and the size of the meshes of those nets or the apertures in those other engines;

(f)the size (whether determined by measurement or by weight) of fish which may be taken;

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

(h)the form of, and the conditions attaching to, fishing licences;

(i)the duties payable in respect of fishing licences;

(j)the protection of waters from any predatory animals;

[F48(jj)the regulation or prohibition of the sale of any species of fish caught by rod and line;]

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

(l)the attachment of such identification marks as may be specified in the regulations to any salmon captured;

(m)anything relating in any manner to the management and protection of the fisheries;

(n)anything which under this Act may be prescribed by regulations or in respect of which regulations are by this Act authorised to be made.

(2)The power to make regulations under this section in relation to the regulation of fishing for salmon may be exercised for—

(a)the conservation or enhancement of the natural beauty or amenity of marine or coastal areas (including the geological or physiological features) or of any features of archaeological or historic interest on those areas; or

(b)the conservation of flora or fauna which are dependant on, or associated with, a marine or coastal environment.

(3)Regulations under this section shall be subject to negative resolution.

(4)If any person contravenes regulations under this section, he shall be guilty of an offence.]

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N.I.Financial provisions affecting the Board

27Borrowing powers.N.I.

F49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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28Duty of Board to make to Ministry a yearly return of estimated receipts and payments.N.I.

F50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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29Power of Ministry to make advances to the Board.N.I.

F51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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30Accounts and AuditN.I.

F52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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N.I.Returns and information

32Annual reports of the Board.N.I.

F53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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33Duty of Board to disclose information to Ministry.N.I.

F54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Ss. 34, 35 rep. by 1983 NI 21

S.36 rep. by 1968 c.31 (NI); SLR 1976

[F55PART IIIN.I.FISHING LICENCES

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37Power to make [F56regulations] respecting fishing licences.N.I.

[F57(1)][F58Regulations] made by [F59the Department] under subsection (1) of section 26 may (without prejudice to the provisions of paragraphs ( g), ( h) and ( i) of that subsection or to the provisions of section 70(2)( a), ( c) or ( d)),—

(a)authorise the issue of different classes of fishing licence in respect of any one or more than one kind of fish, or any one or more than one description of fishing engine, specified in the [F58regulations] ;

(b)prescribe different forms, periods of duration, territorial limitations, terms and conditions, or duties, in respect of different classes of licence and, in the case of different classes of licence, provide that reduced duties may be paid by[F60 persons of such class or description as is specified in the [F58regulations]];

[F57(c)limit, subject to subsection (2), the number of licences which may be issued to authorise the use of fishing engines for the taking of fish;]

(d)prescribe the records to be kept and the returns to be made by the holder of any licence to fish with rod and line or hand line;

(e)provide for an appeal to [F61a magistrates' court] against the revocation by [F59the Department] of, or the refusal of [F59the Department] to issue or renew, any fishing licence;

(f)provide for the exemption of persons who have not attained the age of sixteen, or such other age as may be prescribed by the [F58regulations] , from the requirement to hold a fishing licence to fish for, take or kill fish of any kind so prescribed by rod and line or hand line.

[F57(2)Nothing in [F58regulations] made under subsection (1)(c) shall affect the lawful use by any person of—

(a)a rod and line or a handline in the freshwater portion of any river or lake,

(b)a draft net in the circumstances specified in section 71(2)(d),

(c)a fishing weir or fixed engine in the circumstances specified in section 73(1).

(3)In subsection (1)(c)—

  • “licences” means licences of any class specified in the [F58regulations], and

  • “fish” does not include eels.]

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38Arrangements for the issue of certain licences.N.I.

[F62 The Department] may make arrangements for the issue through agents of fishing licences of such classes as may be prescribed.

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39Angling licences to be non-transferable.N.I.

A fishing licence to fish with rod and line or hand line shall be used only by the person to whom it is issued and shall not be transferable.

40Effect of fishing licences.N.I.

A fishing licence shall operate in accordance with the terms of the [F63regulations] under which it is issued and of the licence but shall not be construed—

(a)as conferring on any person using any fishing engine any right of fishing in any place, being a right which he does not otherwise possess; or

(b)as affecting the rights of any person other than the licence-holder or, in the case of a licence to which section 39 does not apply, the person using the fishing engine; or

(c)as making legal any fishing engine that would otherwise be illegal, or as implying any recognition of the legality of any fishing engine; or

(d)as rendering lawful anything which is unlawful by virtue of any enactment other than this Part.

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41Prohibition of unlicensed fishing.N.I.

(1)Unless expressly empowered to do so under any provision made by or under this Act or any other enactment for the time being in force, a person shall not fish for, take or kill salmon, eels or any freshwater fish except under the authority of a [F64fishing licence] issued pursuant to [F65regulations] made under this Act and in accordance with the terms and conditions of that [F64fishing licence] and of the [F65regulations] relating to it.

(2)Unless expressly empowered as mentioned in subsection (1), a person shall not have in his possession in or near any fishing place any fishing engine for the taking or killing of salmon, eels or freshwater fish which is erected or in fishing order, unless there is in force a fishing licence by or by virtue of which he is authorised to use that fishing engine at that place.

(3)Subject to section 43, any person who acts, or causes or permits any other person to act, in contravention of subsection (1) or (2) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding—

(a)where such contravention consists only of the unlicensed but otherwise lawful use or possession of a rod and line or hand line, [F66 £200]; and

(b)in any other case, [F66 £500].

[F67(4)Nothing in this section shall apply to a person—

(a)who fishes 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; or

(b)who has for that purpose in his possession a rod and line at or near a fish farm.

(5)In subsection (4)(a) "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 section 11.]

[F68(6)In this section “fishing licence” means a fishing licence issued under Part III or a fishing licence issued by the Foyle, Carlingford and Irish Lights Commission under regulations made by the Commission under the Foyle Fisheries Act (Northern Ireland) 1952.

(7)In relation to a fishing licence issued by the Foyle, Carlingford and Irish Lights Commission, the reference in subsection (1) to [F65regulations] shall be construed as a reference to regulations made by the Commission under the Foyle Fisheries Act (Northern Ireland) 1952.]

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42Charging of certain offences under s.41.N.I.

In charging an offence under section 41 by reason of a contravention of subsection (1) of that section it shall be sufficient—

(a)where the offence is one to which section 41(3)( a) applies, to describe the offence as “unlicensed angling contrary to section 41 of the Fisheries Act (Northern Ireland) 1966[1966 c.17] ” ; and

(b)in any other case, to describe the offence as “fishing by unlicensed and unfair means contrary to section 41 of the Fisheries Act (Northern Ireland) 1966” .

43Defences to charges under section 41.N.I.

(1)Where a person is charged under section 41 with an offence which consists of taking fish which he is not licensed to take, it shall be a good defence for him to prove that, at the time when that fish was taken, he was engaged in lawfully fishing for another kind of fish and that the first-mentioned fish was taken unintentionally and, immediately upon being taken, was returned to the water without any avoidable injury.

(2)Where a person is charged under section 41 with an offence which consists of having a fishing engine in his possession as mentioned in subsection (2) of that section, it shall be a good defence for him to prove that he had the fishing engine in his possession as manufacturer or seller thereof and not for the purpose of using it.

44Complimentary licences.N.I.

[F69 The Department] may F70. . . authorise the issue to a person not ordinarily resident in Northern Ireland of a complimentary licence to use a rod and line and, where [F71it] do so, nothing in this Act or in any [F72regulations] made by [F69the Department] thereunder shall require that person to pay any licence duty in respect of that licence.

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45Falsification, etc., of licences.N.I.

[F73(1)]A person who—

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

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

(c)uses or presents a fishing licence that has been to his knowledge either in any manner altered (otherwise than by a person duly authorised by [F74the Department] ) or fraudulently counterfeited;

shall be guilty of an offence.

[F75(2)In this section “fishing licence” means a fishing licence issued under Part III or a fishing licence issued by the Foyle, Carlingford and Irish Lights Commission under regulations made by the Commission under the Foyle Fisheries Act (Northern Ireland) 1952.]]

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PART IVN.I.PROTECTION OF FISHERIES

N.I.Protection of fishing waters from poisoning, etc., and pollution

46Penalty for use or possession of deleterious matter.N.I.

(1)If any person uses in any waters any deleterious matter for the capture, destruction or injury of fish he shall be guilty of an offence.

(2)If any person being on the bank of or near any waters has in his possession or under his control any deleterious matter he shall be guilty of an offence.

(3)It shall be a good defence to a charge under subsection (2) for the defendant to prove that the deleterious matter was in his possession or under his control for an innocent purpose.

(4)Every person guilty of an offence under this section shall be liable—

F76[(a)on summary conviction to a fine not exceeding £500 or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment;

(b)on conviction on indictment to[F77 an unlimited fine] or to imprisonment for a term not exceeding two years or to both such fine and such imprisonment.]

Subs. (5) rep. by 1996 NI 24

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47Penalty for pollution.N.I.

(1)Subject to subsection (2), if any person causes or knowingly permits any deleterious matter to enter any waters he shall be guilty of an offence and shall be liable

[F78(a)on summary conviction, to a fine not exceeding the statutory maximum;

(b)on conviction on indictment, to a fine or to imprisonment for a term not exceeding 2 years or to both.]

[F78(1A)If in the case of a continuing offence under subsection (1), the offender continues to contravene that subsection, he shall be guilty of a further offence and shall be liable on summary conviction to an additional fine not exceeding one-twentieth of level 5 on the standard scale for each day on which the offence is continued.]

(2)Nothing in subsection (1) shall operate to penalise the discharge of any substance or article to which section 9 of the Radioactive Substances Act 1960 [1960 c.34] applies.

[F79(3)Where a person (in this section referred to as "the person convicted") has been convicted of an offence under subsection (1), [F80the Department]

(a)after consulting the owner of the fishing rights in the waters affected by the pollution; or

(b)without such consultation if [F80the Department] , upon making reasonable enquiries, is unable to ascertain the name and address of the owner,

may—

(i)carry out such[F81 reinstatement] of the waters as is reasonable in the circumstances, and

(ii)recover the cost thereof from the person convicted.

(4)Any question as to—

(a)the reasonableness of any[F81 reinstatement] to be undertaken under paragraph (i) of subsection (3); or

(b)the costs to be recoverable under paragraph (ii) of that subsection,

shall be referred to arbitration under and in accordance with the provisions of the Arbitration Act (Northern Ireland) 1937.

(5)Nothing in this section shall affect any right of the owner of fishing rights in the waters affected by the pollution to bring civil proceedings against the person convicted; but in assessing damages in any such proceedings the court shall take into account the value of any[F81 reinstatement] carried out by [F80the Department] under subsection (3).]

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Modifications etc. (not altering text)

N.I.Protection of young and breeding fish

48Taking, etc., spawn or fry of salmon, trout or eels.N.I.

(1)[F82Subject to subsections (1A) and (2)] if any person—

(a)wilfully takes, sells, purchases, or has in his possession the spawn, …F83 or fry of salmon, trout or eels; or

(b)wilfully obstructs the passage of the …F83 fry of salmon, trout or eels; or

(c)injures or disturbs the spawn or fry of salmon, trout or eels; or

(d)injures or disturbs any spawning bed, bank or shallow where the spawn or fry of salmon, trout or eels may be,

he shall be guilty of an offence.

[F82(1A)It shall not be an offence under subsection (1)(a) for the owner of an eel several fishery to take or have in his possession the fry of eels where he has removed those fry from that several fishery solely for the purpose of returning them to an upstream part of the same several fishery.

(1B)Subsection (1A) applies to a person acting under the direction of the owner of an eel several fishery in the same manner as it applies to such an owner.]

(2)Where a person is charged with the offence of taking or having in his possession any …F83 fry in contravention of subsection (1)( a), it shall be a good defence for him to prove that he removed the …F83 fry from a system of waters solely for the purpose of preserving them from some immediate danger (whether actual or reasonably apprehended) and that he returned, or intended to return, them to an adjacent safer part of the same system of waters, without any avoidable injury, as soon as reasonably practicable.

[F82(3)In this section—

(a)“fry” (except in subsection (1)(d))—

(i)in relation to salmon, includes parr and smolts,

(ii)in relation to trout, includes trout of a length less than fifteen centimetres measured from the tip of the snout to the fork or cleft of the tail, and

(iii)in relation to eels, includes elvers; and

(b)“trout” includes rainbow trout.]

[F84(4)It shall be a defence for a person charged with an offence under subsection (1)(a) in relation to the spawn of any salmon to prove—

(a)that the spawn had been produced at a fish farm; or

(b)that he believed on reasonable grounds that it had been so produced.

(5)If any person removes any material from the bed of any river—

(a)without the consent of [F85the Department] under subsection (6); or

(b)otherwise than in accordance with the conditions of a consent granted by [F85the Department] under subsection (6),

he shall be guilty of an offence.

(6)[F85 The Department] may, on the application of any person, grant its consent to the removal of material from the bed of a river on such conditions as it thinks fit.

(7)Where [F85the Department]

(a)on an application for a consent under subsection (6), has refused a consent; or

(b)in giving a consent under subsection (6), has given that consent subject to conditions,

the person who applied for the consent may appeal to the Appeals Commission against the decision within 28 days from the day on which notice of the decision was given to that person.

(8)A consent under subsection (6) does not confer on any person a right to remove material from the bed of a river which (apart from this section) he would not otherwise have.

(9)Nothing done under and in accordance with the conditions of a consent under subsection (6) constitutes an offence under subsection (1) or section 49.]

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49Chasing, etc., spawning fish.N.I.

If any person chases, injures or disturbs spawning fish or fish on the spawning beds or attempts (otherwise than by means of lawful angling with rod and line) to catch fish thereon, he shall be guilty of an offence.

50Penalties for taking, etc., unseasonable salmon or trout.N.I.

(1)Any person who at any time wilfully takes or kills or who knowingly buys, sells, offers or exposes for sale or has in his custody or possession any unseasonable salmon or trout shall be guilty of an offence.

(2)A person who is guilty of an offence under subsection (1) shall be liable—

F86[(a)on summary conviction to a fine not exceeding £500 with a further fine of £50 for each salmon and £10 for each trout in respect of which an offence is committed or to imprisonment for a term not exceeding six months or to both such fines and such imprisonment;

(b)on conviction on indictment to[F87 an unlimited fine] or to imprisonment for a term not exceeding two years or to both such fine and such imprisonment.]

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51Prohibition against sale, etc., of immature salmon or trout.N.I.

(1)Any person who buys, sells, offers or exposes for sale, or has in his possession for sale, any salmon or trout which is immature shall be guilty of an offence, and shall be liable on summary conviction [F88 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)For the purposes of this section the expression “immature” means that the fish is of a length less than that prescribed by [F89regulations], or, if no length is so prescribed, of a length less than[F90 20 centimetres] measured from the tip of the snout to the fork or cleft of the tail.

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F90SR 1983/100

52Taking undersized pollen.N.I.

(1)Any person who wilfully takes, kills or destroys, or who buys, sells, offers or exposes for sale, or has in his custody or possession any undersized pollen shall be guilty of an offence.

(2)In this section the expression “undersized pollen” means pollen of a length less than that prescribed by [F91regulations], or, if no length is so prescribed, of a length less than[F92 19 centimetres] measured from the tip of the snout to the fork or cleft of the tail.

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F92SR 1983/100

N.I.Obstructions to passage of fish

53Removal of natural obstructions in rivers to allow free passage of fish.N.I.

[F93(1)Where in a river natural obstructions of any kind prevent or impede the free passage of fish, the Department may—

(a)on the application of any person interested in a fishery in the river, authorise the construction of such works or the making of such alterations in the bed of the river as to secure the free passage of fish at all times, or

(b)construct such works or make such alterations,

if (in either case) the Department is satisfied that the works or alterations will not impair the effective working power of any mill or the drainage of any lands.]

(2)Any works constructed or alterations made under [F94subsection (1)(a)] shall be executed in accordance with plans, sections and specifications approved by the Ministry.

(3)Subject to subsection (6), the cost of any work or alterations authorised under [F94subsection (1)(a)] shall be borne by the person on whose application the authorisation is given.

(4)Where, under subsection (1), the Ministry authorises the construction of works or the making of alterations in the bed of a river, the Ministry may, by agreement with the person on whose application the authorisation is given, cause the works or alterations so authorised to be executed.

(5)For the purposes of the execution of any works or alterations [F95under subsection (1)(a) or] in pursuance of an agreement made under subsection (4), the Ministry may, in so far as is reasonably necessary for or incidental to those purposes, do such of the things referred to in Schedule 2 to the Drainage Act (Northern Ireland) 1947 [1947 c.9] F96 (clearing, widening, deepening, etc., of water courses) as are appropriate thereto, and in the doing thereof may to the like extent exercise any power which is exercisable by it under that Act as extended by any other enactment, other than a power of acquiring land compulsorily.

(6)Section 13 of the Drainage Act (Northern Ireland) 1964 [1964 c.31] F96 (power of Ministry to contribute to cost of works) shall have effect with respect to works or alterations executed under this section in like manner as it has effect with respect to works executed under section 12 of that Act, and as if after the reference therein to the said section 12 there were inserted a reference to this section.

(7)Where the execution of any works or alterations in pursuance of an authorisation given under subsection (1) results in damage or injury to any person, that person may recover compensation from the person on whose application the authorisation was given.[F97; and where the execution of any works or alterations by the Department under subsection (1)(b) results in damage or injury to any person, that person may recover compensation from the Department.]

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S.53A rep. by 1973 NI 1

54Construction of fish passes in dams in rivers.N.I.

(1)Where a dam is constructed in a [F98 river], a fish pass sufficient to permit the free passage through the dam of salmon, trout and eels at all times shall be provided and maintained by the owner of the dam.

(2)Subsection (1) shall not apply so as to require the provision of a fish pass in conjunction with a dam erected before 10th August 1842 unless—

F99[(a)the dam is rebuilt, reinstated or heightened after the commencement of the Fisheries (Amendment) Act (Northern Ireland) 1968 [1968 c.31] , or

[F100(aa)the dam is repaired after the date of the coming into operation of Article 13 of the Fisheries (Amendment) (Northern Ireland) Order 1991 in such a way as to change the nature of any surface of the dam or the structure of the crest of the dam, or

(ab)the mill to which the dam belongs is, after that date, brought back into use or its use is changed, or the purpose for which the water retained by the dam is used is changed after that date, or]

(b)]the Ministry, [F101on being satisfied (whether on the application of any person interested in a fishery in the river or otherwise)] that there will be no impairment in any navigation or in the effective working power of any mill to which the dam belongs, by order directs that a fish pass be provided as required by this section

[F99 nor shall it apply so as to require the provision of a fish pass in conjunction with a particular dam in a river if the Ministry is satisfied that, having regard to the nature of the dam or of the river or of the kinds of fish frequenting or likely to frequent the river, it is unnecessary or unreasonable to insist upon compliance with the requirements of that subsection and by notice in writing grants exemption from those requirements with respect to that dam].

[F100(2A)Where the Department refuses to grant an exemption for the purposes of subsection (2)—

(a)the Department shall give to the applicant for such exemption a written notification of the reasons for its refusal, and

(b)the applicant may, within 28 days from the day on which such notification is given, appeal to the Appeals Commission.]

(3)Every fish pass provided under this section shall be constructed in accordance with plans, sections and specifications approved by the Ministry.

(4)The cost of providing a fish pass shall be borne—

(a)in the case of a dam with respect to which an order is made under subsection (2) [F102on the application of any person, by that person; and]

(b)in any other case, by the owner of the dam.

(5)Where in contravention of subsection (1) the owner of a dam does not provide a fish pass in conjunction with that dam, the Ministry may by notice in writing require him to do so, and if he fails to comply with the notice within any reasonable period specified therein the Ministry may cause a fish pass to be constructedF100. . . .

[F100(5A)Article 55 of the Roads (Northern Ireland) Order 1980 (power to enter land) shall apply in relation to subsection (5) subject to the following modifications—

(a)for the purposes set out in sub-paragraphs (a) to (e) of paragraph (1) of that Article there shall be substituted a reference to the purpose of constructing a fish pass under subsection (5);

(b)any reference to the Department shall be construed as a reference to the Department within the meaning of this Act; and

(c)paragraph (7) shall be omitted.

(5B)Where—

(a)in the exercise of the powers conferred under subsection (5) or (5A), any damage is caused to land or chattels, any person interested in the land or chattels may recover compensation in respect of the damage from the Department; or

(b)in consequence of the exercise of any such powers, any person is disturbed in his enjoyment of land or chattels, he may recover compensation in respect of that disturbance from the Department.

(5C)Subject to subsection (5D), the Department may recover from the person liable under subsection (4)—

(a)any expenses reasonably incurred by the Department in respect of works executed under that subsection; and

(b)any amount awarded against, or reasonably paid by, the Department as compensation under subsection (5B).

(5D)The Department may not recover under paragraph (b) of subsection (5C) any amount (or any part of any amount) awarded or paid in respect of a breach of any duty of care on the part of the Department.

(5E)Any question—

(a)as to whether a person is entitled to recover compensation from the Department under subsection (5B), and as to the amount of such compensation; and

(b)as to whether the Department is entitled to recover any amount (or any part of any amount) under subsection (5C),

shall be heard and determined by the Lands Tribunal.]

(6)If any owner of a dam fails to provide such a fish pass as he is required by this section to provide, or, where such a fish pass has been provided (whether by him or not), fails to maintain it in an efficient state, he shall be guilty of an offence.

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

(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 …F103.

(2)Where a person is convicted under subsection (1)( c) of the offence of placing an obstacle or contrivance in a fish pass,F104. . . 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.

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56Restrictions on the use of fishing engines and rods and lines at or in the vicinity of dams.N.I.

(1)No person, other than a person to whom subsection (2) applies, shall—

F105[(a)]use any fishing engine (other than a rod and line)[F106 from any position on a dam or] at any place within[F107 200 metres] above or below any dam; [F105 or

(b)use a rod and line from any position on or within[F107 5 metres][F106 or such other distance as may be prescribed by [F108regulations]] above or below any dam].

(2)Subsection (1) shall not apply to any person who is for the time being the owner of a several fishery in any place referred to in that subsection, and who is a successor in title of any other person who had exercised in that place the right of taking fish during the period of twenty years immediately preceding 14th August 1850 [F105; and paragraph ( b) of that subsection shall not apply in any case or class of case in which it is excluded (either absolutely or upon the observance of prescribed conditions) by [F108regulations].]

(3)If any person contravenes subsection (1) he shall be guilty of an offence, …F109.

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F107SR 1983/100

57Penalty for taking fish in works or watercourses appurtenant to mills.N.I.

(1)Subject to subsection (2), if any person at any time in any pool, work or watercourse appurtenant to a mill either wilfully takes or kills any fish or uses a fishing engine for the purpose of taking or obstructing fish, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [F110 £500] or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

(2)Subsection (1) shall not apply to the lawful use of a rod and line for the taking of fish of any kind otherwise than during the annual close season for angling for fish of that kind.

(3)Where—

(a)an offence under this section has been committed by means of shutting down or closing any gate or sluice which is under the exclusive power of the occupier of the mill; and

(b)the person who committed the offence is unknown or cannot be found; and

(c)the occupier of the mill is charged with the offence;

the occupier shall be deemed to be guilty of the offence and shall be punishable accordingly.

(4)Where—

(a)an offence under this section has been committed 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)throught 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.

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58Provisions in relation to sluices, etc., of mills deriving water from rivers.N.I.

(1)The following provisions shall apply in relation to every mill[F111, whether or not for the time being it is used or capable of being used as such,] which derives its supply of water from a [F112 river]:—

(a)if there is a fish pass in the dam belonging to the mill, or if the dam is a weir and is not provided with a channel such as is mentioned in paragraph ( b), the[F111 mill sluice nearest to the point where water is abstracted from a river for the mill] and the waste gates or over-falls shall be kept shut—

(i)for twenty-four consecutive hours in each week between the hour of six o'clock on Saturday afternoon and six o'clock on the next-following Monday morning; and

(ii)during any other period when the mill is not being worked;

(b)if there is no fish pass in the dam belonging to the mill and if the waste gate on the upstream side of the mill sluices is erected in a channel suitable for the passage of fish, the mill sluices shall be kept shut and the waste gate kept open during the periods specified in sub-paragraphs (i) and (ii) of paragraph ( a).

(2)[F111Subject to subsection (3),] if the provisions of paragraph ( a) or paragraph ( b) of subsection (1) are not complied with, the occupier of the mill shall be guilty of an offence …F113.

[F111(3)The occupier of a mill shall not be guilty of an offence under this section if—

(a)he proves—

(i)that compliance with paragraph (a) or (b) (whichever is applicable) of subsection (1) would have injuriously interfered with the machinery or water power of the mill, and

(ii)that the mill was in regular use immediately before the date of the coming into operation of Article 15 of the Fisheries (Amendment) (Northern Ireland) Order 1991 and that there has been no alteration of use since that date; or

(b)he is the holder of a certificate issued by the Department under subsection (3A) and has not acted in contravention of that certificate.

(3A)Where the Department is satisfied that—

(a)having regard to the nature of the dam or of the river or of the kinds of fish frequenting or likely to frequent the river, it is unnecessary or unreasonable to insist upon compliance with the requirements of subsection (1); or

(b)alternative arrangements are provided to protect and facilitate the free passage of fish,

the Department may issue certificates exempting, in such circumstances, to such extent and subject to such conditions as it considers appropriate, the occupiers of mills from the requirements of subsection (1).

(3B)Where a certificate has been granted under subsection (3A) the Department may at any time—

(a)revoke the certificate; or

(b)vary or revoke any condition for the time being attaching to the certificate; or

(c)attach any condition or any further condition to the certificate;

but no certificate shall be revoked nor shall any condition be varied or any condition or further condition imposed unless at least 28 days' notice of the Department's intention to make the revocation or, as the case may be, to vary or impose the condition, has been given to the person who appears to the Department to be for the time being entitled to the benefit of the certificate, and the Department shall consider representations made by him before the expiration of the notice.

(3C)Subsection (3D) shall apply where the Department—

(a)under subsection (3A), refuses to grant a certificate or grants a certificate subject to conditions,

(b)under subsection (3B), revokes a certificate, varies or revokes any condition for the time being attaching to a certificate, or attaches any condition or any further condition to a certificate.

(3D)Where this subsection applies—

(a)the Department shall give to the applicant or the holder of the certificate, as the case may be, notification of the reasons for its actions; and

(b)the applicant or the holder of the certificate may, within 28 days from the date on which such notification is given, appeal to the Appeals Commission.

(3E)Where—

(a)it appears to the Department that a mill has fallen into disuse, and

(b)the Department is unable, after making reasonable enquiries, to ascertain the identity of the owner or occupier of the mill,

the Department may take such steps as it considers necessary to ensure that the mill sluices and the waste gates or over-falls of the mill are kept shut.]

(4)In this section “mill sluices” means the sluices[F111 or gate valves] which admit water to a mill.

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N.I.Abstraction of water from rivers and lakes

59Gratings to be set in watercourses diverted from rivers or lakes to prevent entry therein of fish.N.I.

(1)Where a watercourse to which this section applies carries water from a [F114 river] [F115 or lake]—

(a)there shall be placed, at the points where the watercourse diverges from and returns to the river [F115 or lake], gratings extending across the whole width of the watercourse and from the bottom of the bed or sill thereof to the level of the highest flood waters;

[F116(b)the space between the bars of such gratings shall not exceed—

(i)in the case of any grating placed at the point where the watercourse diverges from the river or lake, 5.1cm,

(ii)in the case of any grating installed before the date of the coming into operation of Article 16 of the Fisheries (Amendment) (Northern Ireland) Order 1991 and placed at the point where the watercourse returns to the river or lake, 5.1cm,

(iii)in the case of any grating installed on or after the date of the coming into operation of that Article of that Order, or installed before that date but renewed on or after it, and placed at the point where the watercourse returns to the river or lake, 2.5cm;]

(c)during the months of March, April and May and at any other time when the fry of salmon or trout are descending the river [F115 or lake], there shall be placed over the entire surface of every such grating a wire lattice of such dimensions as to effectually prevent the admission of fry or small fish into the watercourse;

(d)every such grating and such wire lattice shall be securely fixed in a permanent manner so as to prevent its being removed or opened, and shall be kept in constant repair.

(2)If, in respect of any watercourse to which this section applies (other than a watercourse in relation to which an exemption granted by the Ministry under subsection (4) is for the time being in force), the provisions of subsection (1) are not complied with, the owner or occupier of any premises to which the watercourse leads, or any other person who made, uses or has the care or maintenance of the watercourse, shall be guilty of an offence, …F117.

(3)Without prejudice to subsection (2), if any person—

(a)injures any grating or wire lattice placed in pursuance of subsection (1); or

(b)removes any such grating or lattice or part thereof, except, in the case of a lattice, during any period of the year during which such a lattice need not be maintained; or

(c)opens any such grating or lattice improperly; or

(d)permits any such grating or lattice to be injured or removed (except as is mentioned in paragraph ( b)) or improperly opened;

he shall be guilty of an offence.

(4)If in respect of a watercourse to which this section applies,—

(a)the Ministry is satisfied that sufficient arrangements will be made by means other than those specified in subsection (1) to prevent the admission of fish or fry into the watercourse, and that, having regard to those arrangements, exemption should be granted from the obligations imposed by subsection (1); or

(b)where the watercourse is a watercourse constructed for the purpose of conveying water as a motive power for machinery, it is proved to the satisfaction of the Ministry that exemption during any period from the obligations imposed by subsection (1) is necessary for the effective working of the machinery,[F116 or]

[F116(c)the Department is satisfied—

(i)that the watercourse supplies a mill to which there belongs a dam,

(ii)that there is no fish pass in that dam,

(iii)that the waste gate on the upstream side of the mill sluices is erected in a channel suitable for the passage of fish, and

(iv)that exemption from the obligations imposed by subsection (1) is necessary to permit the free passage of fish,]

the Ministry may, by permit in writing, grant[F116 subject to such conditions as it considers appropriate] such exemption.

(5)Where an exemption has been granted under subsection (4) the Ministry may at any time—

(a)revoke the exemption; or

(b)vary or revoke any condition for the time being attaching to the exemption; or

(c)attach any condition or any further condition to the exception;

but no exemption shall be revoked nor shall any condition be varied or any condition or further condition imposed unless at least twenty-eight days' notice of the Ministry's intention to make a revocation or, as the case may be, to vary or impose the condition, has been given to the person who appears to the Ministry to be for the time being entitled to the benefit of exemption, and the Ministry has considered any representations made by him before the expiration of the notice.

[F116(5A)Subsection (3D) of section 58 shall apply in relation to an exemption under subsection (4) of this section in the same manner as it applies for the purposes of subsection (3C) of that section.]

[F116(6)This section applies to any watercourse conveying water which has been diverted from the main course of a river or lake, except where the water is conveyed to provide for navigation.]

(7)In this section “fry” in relation to salmon includes parr and smolts [F115 and “watercourse” includes any pipe, culvert or other device].

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S.60 rep. by 1973 NI 2

N.I.Interpretation

61Interpretation of Part IV.N.I.

In this Part “mill” includes any factory, machine, building or other work by or for which water is taken or used for any purpose.

PART VN.I.REGULATION OF FISHING FOR SALMON, EELS AND FRESHWATER FISH

N.I.Prohibition of certain methods of fishing

62Penalty for using certain devices for taking fish.N.I.

(1)If, for the purpose of taking[F118, or facilitating the taking of,] any fish, any person uses or has in his possession or control, in or on the bank of or near the waters of any lake, river or estuary, any light or fire or any electrical or acoustical apparatus of any kind, he shall be guilty of an offence.

(2)If, for the purpose of taking any fish, any person uses or has in his possession or control, in or on the bank of or near the waters of any lake, river or estuary, any instrument to which this subsection applies, he shall be guilty of an offence.

(3)If any person throws, releases or discharges any missile or other object into any water for the purpose of taking or killing, or facilitating the taking or killing, of any[F118 salmon, trout or rainbow trout], he shall be guilty of an offence.

(4)In subsection (2) the expression “instrument to which this subsection applies” means any otter, tailer or snare, spear, stroke-haul, gaff or other instrument of a similar kind [F119 or any instrument or device calculated in the course of normal use to foul-hook any fish], but does not include—

(a)aF118. . . tailer used or to be used solely as an auxiliary to lawful angling between sunrise and one hour after sunset; or

(b)aF118. . . tailer used or to be used by the holder of a fishing licence in respect of any box in a fishing weir solely for the purpose of lawfully removing fish therefrom; or

(c)an eel spear used for taking eels.

[F118(4A)In subsection (4)—

  • “gaff” means a hooked instrument (with or without a barb) used to penetrate the gills or body of a fish; and

  • “otter” means an otter lath or jack, and includes any instrument, whether used with a handline, or as an auxiliary to a rod and line, or otherwise for the purpose of running out lures, artificial or otherwise.]

(5)A person who is guilty of an offence under subsection (1) or (2) shall be liable on summary conviction to a fine not exceeding [F120 £500] or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

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63Fishing for salmon or trout by cross lines.N.I.

[F121(1)]If any person takes or fishes for salmon or trout by means of cross lines in any river[F121 or lake] he shall be guilty of an offence.

[F121(2)In subsection (1) “cross lines” means fishing lines—

(a)reaching from one position to another across water and fixed or held at each of their ends, and

(b)having attached to them one or more baited hooks or lures, artificial or otherwise.]

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64Penalty for taking salmon or trout in eel weir.N.I.

(1)If the owner or occupier of an eel weir takes or suffers to be taken therein any salmon or trout, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [F122 £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 it shall be a good defence to prove that such salmon or trout was taken unintentionally and, immediately upon being taken, was returned to the water without any avoidable injury.

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65Penalty for damming or teeming river or millrace for purpose of taking salmon or trout.N.I.

If any person dams, teems or empties any river or millrace for the purpose of taking or destroying any salmon or trout, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [F123 £500] or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

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N.I.[Regulations as to nets, etc.]

66Restrictions on use of nets.N.I.

(1)If any person—

(a)uses any one or more than one net of any kind in such a manner as to obtain the same advantage as he would have obtained by using a net the meshes of which are of a size smaller than that for the time being permitted under this Act for nets of that kind; or

(b)uses a net covered with canvas, hide, or other substance for the purpose of taking small fish; or

(c)affixes or keeps up continued nets stretched across a river;

he shall be guilty of an offence.

(2)Subsection (1)( b) shall not apply to a net used either in the sea or within an estuary solely for the purpose of dredging for shell-fish.

67Mesh of nets made of non-rigid material for the taking of salmon in the sea or tideways.N.I.

(1)If, in the sea or in the tidal portion of a river, any person uses any net to which this section applies with a mesh of less size than[F124 4.4 centimetres] from knot to knot, to be measured along the side of the square, or[F124 17.6 centimetres] to be measured all round each such mesh, such measurements being taken in the clear when the net is wet, then, subject to subsection (2), he shall be guilty of an offence.

(2)[F125The Department]may by [F126regulations] permit the use of nets to which this section applies having meshes of a less size than that specified in subsection (1), and this section shall have application with respect to any net to which such [F126regulations] apply as if for the dimensions specified in subsection (1) there were substituted the dimensions specified in those [F126regulations].

(3)In this section the expression “net to which this section applies” means any net or other engine which is not formed of a rigid material and which is used for the taking of salmon.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

F124SR 1983/100

68Meshes or openings of engines made of rigid material for the taking of salmon in the sea or tideways.N.I.

(1)If, in the sea or in the tidal portion of a river, any person uses any engine to which this section applies with meshes or openings of less width than[F127 7.5 centimetres] on each side of the square, or, where no meshes or openings of the nature of reticulations are used, of less width between the bars than[F127 5 centimetres], he shall be guilty of an offence.

(2)In this section the expression “engine to which this section applies” means any engine which is formed of rigid material and is used for the taking of salmon.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

F127SR 1983/100

69Use of salmon nets near mouths of rivers.N.I.

(1)If any person (other than the owner of a several fishery within the limits thereof) shoots, draws or uses any net for taking salmon—

(a)at the mouth of any river; or

(b)within[F128 805 metres] in any direction from the mouth of any river,

he shall be guilty of an offence.

[F129(2)Any person (other than the owner of a several fishery in the whole of a river or its tributaries, within the limits of that several fishery)—

(a)who shoots, draws or stretches a net across the mouth or across any other part of a river; and

(b)who fails to leave open a channel which is—

(i)at least one-quarter of the width of the mouth of the river or, as the case may be, of that other part of the river, or 18 metres, whichever is the less, and

(ii)of sufficient depth and width to facilitate the passage of salmon in that river;

shall be guilty of an offence.]

(3)Where an order under section 16 defines the mouth of a tributary river, references in this section to the mouth of a river shall be construed as including references to the mouth of that tributary river.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

F128SR 1983/100

70Powers of Board with respect to drift nets for the taking of salmon in the sea.N.I.

(1)Where [F130the Department][F131is] satisfied that it is expedient to control the use of drift nets for the taking of salmon in the sea, [F132it] may make [F133regulations] prohibiting, restricting or otherwise controlling—

(a)the use of such nets for fishing for salmon in the sea;

(b)the landing of salmon taken by means of such nets;

(c)the having in possession of salmon taken or landed in contravention of the [F133regulations] .

(2)[F133 Regulations] under this section restricting or otherwise controlling fishing for salmon may prescribe—

(a)the classes of persons to whom there may be issued fishing licences in respect of nets to which the [F133regulations] apply;

(b)the classes of boats which may be used for the working of such nets;

(c)the maximum number of fishing licences which may be issued in any year in respect of such nets;

(d)the manner in which such licences shall be allocated in any case where the number of valid applications for such licences in any year exceeds the number prescribed under paragraph ( c) in respect of that year.

(3)If any person contravenes any [F133regulations] made under this section, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [F134 £1,000] or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

71Restriction on use of nets in fresh water.N.I.

(1)Save as is permitted by or under subsection (2), it shall not be lawful for any person to use any net in the freshwater portion of any river or in any lake.

(2)Subsection (1) shall not apply to—

(a)the use of a landing net or keep net solely as auxiliary to lawful fishing with rod and line;

(b)the lawful use of a net solely for the purpose of removing fish from traps in a fishing weir;

(c)the lawful use of a fixed engine under section 73;

(d)the lawful use in a several fishery of draft nets for the taking of salmon or trout where such nets were lawfully used during the open fishing season of one or more of the five years immediately preceding 1st January,[F135 1972];

(e)the lawful use of draft nets for the capture of salmon or trout in any lake by members of the public who depend on such netting as a means of livelihood where—

(i)such nets are so used with the consent of every owner of a several fishery in that lake; and

(ii)such nets were so used with such consent or as of right by any such members of the public within the period of[F135 eighteen years immediately preceding 1st January 1986];

(f)the lawful use of nets for the taking of eels—

(i)in or in the vicinity of an eel weir; or

(ii)in accordance with regulations made under section 15;

(g)the lawful use, in accordance with [F136regulations] , of nets for the taking of fish other than salmon, trout or eels.

(3)If any person uses a net in contravention of this section he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [F137 £500] or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

(4)In this section, “trout” does not include pollen.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

72Mesh of nets for taking fish in fresh water.N.I.

(1)No person shall, under section 71(2)( c), ( d), ( e) or ( g), use any net with a mesh of less size than—

(a)such size as may be prescribed by [F138regulations] ; or

(b)if no size is so prescribed, a size of[F139 4.4 centimetres] from knot to knot, to be measured along the side of the square, or[F139 17.6 centimetres] to be measured all round each mesh, such measurements being taken in the clear when the net is wet.

(2)No person shall, under section 71(2)( f), use any net with a mesh of less size than—

(a)such size as may be prescribed by regulations made under section 15; or

(b)if no size is so prescribed, the size specified in subsection (1)( b).

(3)If any person contravenes subsection (1) or (2) he shall be guilty of an offence.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

F139SR 1983/100

N.I.Prohibition of fishing weirs and fixed engines, with certain exceptions

73Restriction with respect to fishing weirs or fixed engines in fresh water portion of rivers or lakes.N.I.

(1)It shall not be lawful for any person to erect or to use in the freshwater portion of any river or lake any fishing weir or a fixed engine of any description, unless that fishing weir or a fixed engine of that description was in existence and was lawfully used therein by that person or a predecessor in title of his during the open fishing season of one or more of the five years immediately preceding 1st January 1965.

(2)If any person erects or uses a fishing weir or fixed engine in contravention of this section he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [F140 £1,000] or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

(3)The prohibition in subsection (1) shall not apply to—

(a)long lines used solely for the capture of eels; or

(b)any eel weir or any fixed engine for the capture of eels established and used in accordance with regulations made under section 15; or

(c)engines used in accordance with [F141regulations] for the capture of fish other than salmon or eels.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

74Restriction on use of fixed engines for the capture of salmon in the sea or tideways.N.I.

(1)It shall not be lawful for any person to erect or to use any fixed engine for the capture of salmon in the sea or in the tidal portion of a river unless a certificate in regard to such a fixed engine was granted under the Salmon Fishery (Ireland) Act 1863 [1863 c.114] to him or a predecessor in title of his before the commencement of this Act and is for the time being subsisting unrevoked.

(2)If any person erects or uses any fixed engine for the capture of salmon in contravention of this section he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [F142 £1,000] or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

75Effect of certificate under section 6 of the Salmon Fishery (Ireland) Act 1863.N.I.

A certificate under section 6 of the Salmon Fishery (Ireland) Act 1863 shall be conclusive evidence that the person named therein or his successor in title is the person entitled to exercise the right therein given, but it shall not render any fixed engine lawful which would otherwise be unlawful by reason of its being injurious to navigation, a common nuisance to the public right of fishing or otherwise in violation of the common law or any enactment (including this Act).

76Power of Ministry to authorise the alteration of sites of fixed engines.N.I.

(1)The owner of a fixed engine in respect of which a certificate has been granted under section 6 of the Salmon Fishery (Ireland) Act 1863 may apply to the Ministry for permission to remove the fixed engine from the place or position specified in the certificate and to erect it at some other place or in some other position.

(2)If the Ministry, after causing a local public inquiry to be held, is satisfied that the removal and re-erection of the fixed engine will not unduly interfere with the reasonable and legitimate interests of any other person, the Ministry may grant a licence authorising the owner of the fixed engine to remove it from the place or position specified in the certificate and [F143 for him and his successors in title] to erect and use it at such other place or in such other position, and subject to such conditions, and such limitations as to time or otherwise, as may be specified in the licence.

(3)If the Ministry is satisfied that it is expedient in the interests of the salmon fisheries to revoke a licence granted under this section, or to vary the provisions of such a licence with respect to—

(a)the place or position in which a fixed engine is by the licence authorised to be erected and used, or

(b)any conditions or limitations contained in the licence,

the Ministry may revoke the licence or, as the case may be, may make such variation in the terms of the licence as the case may require; but the Ministry shall not revoke or vary a licence under this subsection unless at least twenty-eight days' notice of the revocation or the proposed variation has been given to the holder of the licence, and, if the holder, before the expiration of the notice, so requires, the Ministry has caused a local public inquiry to be held.

(4)Without prejudice to subsection (3), a licence granted under this section may be suspended or revoked in accordance with the provisions of Schedule 1.

(5)Nothing in this section shall be deemed to empower the Ministry to authorise the erection of any fixed engine at a place or in a position where its use would be injurious to navigation or would contravene the provisions of any enactment.

(6)Where, by licence under this section, the Ministry authorises any person to erect and use a fixed engine at a place or in a position other than that specified in the certificate referred to in subsection (1), for the purposes of this Act the certificate shall have effect during the currency of the licence as if the reference in the certificate to the place or position so specified were a reference to the first-mentioned place or position.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

77Power of Ministry to authorise variation in characteristics of fixed engines.N.I.

(1)The owner of a fixed engine in respect of which a certificate has been granted under section 6 of the Salmon Fishery (Ireland) Act 1863 [1863 c.11] may apply to the Ministry for permission to substitute for that fixed engine or for more than one such fixed engine a fixed engine of different characteristics from the characteristics specified in the certificate.

(2)If the Ministry, after causing a local public inquiry to be held, is satisfied that such substitution will not unduly interfere with the reasonable and legitimate interests of any other person, the Ministry may accept the surrender of any certificate such as is referred to in subsection (1), and may grant a licence authorising the owner [F144 and his successors in title] to erect and use—

(i)in accordance with plans and specifications approved by the Ministry; and

(ii)at a place or in a position specified in the licence; and

(iii)subject to any conditions, or any limitations as to time or otherwise, contained in the licence,

a fishing engine of such a kind as may be specified in the licence.

(3)Upon the grant of a licence under subsection (2) any certificate surrendered to the Ministry in pursuance of that subsection shall cease to have effect, but without prejudice to the provisions of subsection (6) as to the revival of the certificate in the event of the licence being revoked under subsection (4) or (5).

(4)If the Ministry is satisfied that it is expedient in the interests of the salmon fisheries to revoke a licence granted under this section or to vary the provisions of such a licence with respect to—

(a)the characteristics of a fixed engine the erection and use of which is authorised by the licence, or

(b)the place or position in which such a fixed engine is so authorised to be erected, or

(c)any conditions or limitations contained in the licence,

the Ministry may revoke the licence, or, as the case may be, may make such variation in the terms of the licence as the case may require; but the Ministry shall not revoke or vary a licence under this subsection unless at least twenty-eight days' notice of the revocation or the proposed variation has been given to the holder of the licence, and, if the holder, before the expiration of the notice, so requires, the Ministry has caused a local public inquiry to be held.

(5)Without prejudice to subsection (4), a licence granted under this section may be suspended or revoked in accordance with the provisions of Schedule 1.

(6)When a licence granted under this section is revoked—

(a)the provisions of—

(i)this Act and any [F145regulations] made under this Act, and

(ii)any certificate under section 6 of the said Act of 1863 with respect to a fixed engine such as is first mentioned in subsection (1),

shall have effect with respect to any such fixed engine as if the licence had not been granted; and

(b)the Ministry shall return to the person who immediately before the revocation of the licence was the holder thereof any certificate under the said section 6 which had been surrendered to the Ministry under subsection (2) by that person or by a predecessor in title of his.

(7)The provisions of sections 74 to 76, and of this section, shall have effect with respect to a licence granted under subsection (2) in like manner as they have effect with respect to a certificate under the said section 6, as if the licence were such a certificate; and for the purposes of section 74(1) the licence shall be deemed to have been granted before the commencement of this Act.

(8)Section 79 shall not apply to the placing or continuance in accordance with the terms of a licence granted under subsection (2) of a fishing engine specified in such a licence.

(9)Subsection (5) of section 76 shall apply for the purposes of this section as it applies for the purposes of that section.

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N.I.Regulations as to fixed engines

78Prohibition of erecting or using fixed engines at mouths of rivers.N.I.

(1)If at or within[F146 1610 metres] in any direction from the mouth of any salmon river any person, other than the owner of a several fishery within the limits thereof, erects or uses any fixed engine, that person shall be guilty of an offence …F147.

(2)Where an order under section 16 defines the mouth of a tributary river, the reference in subsection (1) to the mouth of any river shall be construed as including a reference to the mouth of that tributary river.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

F146SR 1983/100

79Prohibition of bag nets in certain places.N.I.

(1)Subject to subsection (3), no bag net shall be placed or allowed to remain in any river or estuary or within a distance of[F148 4830 metres] from the mouth of any river.

(2)If any bag net is placed or allowed to remain in contravention of this section—

(a)it shall be deemed a common nuisance and may be taken possession of or destroyed; and

(b)the owner of the bag net shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [F149 £500] or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

(3)This section shall not apply to—

(a)the placing or continuing, within[F148 4830 metres] of the mouth of a river, of a bag net, where the owner of the bag net has the exclusive right of catching salmon in the whole of that river, including all tributary rivers and lakes upon the course of that river, and where that owner or a predecessor in title of his had on or immediately before 28th July 1863 exercised that right by means of a bag net at the place where the first-mentioned bag net is placed; or

(b)the placing or continuing, in accordance with the provisions of a licence granted under section 77(2), of a bag net the erection and use of which is authorised by the licence.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

F148SR 1983/100

80Regulations as to construction and user of bag nets.N.I.

If any person maintains or uses any bag net—

(a)the meshes of the nets of any leader whereof are not stretched to their full opening; or

(b)which is so constructed that the leaders thereof cannot be raised and kept out of the water;

he shall be guilty of an offence …F150.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

N.I.Regulations as to fishing weirs

81Free gaps in fishing weirs.N.I.

(1)In every fishing weir (other than an eel weir with respect to which a licence granted by the Ministry under section 84 is for the time being in force) there shall be a free gap or opening in accordance with the following provisions:—

(a)the free gap shall be situate in the deepest part of the stream;

(b)the sides of the free gap shall be in line with and parallel to the direction of the stream at the weir;

(c)the bottom of the free gap shall be level with the natural bed of the stream above and below the gap;

(d)the width of the free gap at its narrowest part shall be not less than one-tenth part of the width of the stream:

Provided that it need not be wider than[F151 15.2 metres], and must not be narrower than[F151 91 centimetres];

(e)no existing free gap in any fishing weir shall be reduced in width or a gap of less width substituted therefor or any alteration made therein so as to reduce the flow of water through the gap.

(2)The requirements of subsection (1), in so far as they relate to the provision of a free gap in every fishing weir, shall, in the case of a fishing weir in which there was no free gap on 1st January, 1965, be deemed to be complied with if immediately adjoining the weir there then was and continues to be a navigation gap which conforms in form and dimensions to the requirements of that subsection, and all the provisions of this Act which apply to free gaps in fishing weirs (other than those which require the free gap to be in the weir) shall apply to any such navigation gap.

(3)Where there is no free gap in a fishing weir or where a free gap has been made in a fishing weir but is not maintained in accordance with subsection (1), then, unless that fishing weir is an eel weir which is for the time being excepted from the application of subsection (1), the owner and the occupier of the fishing weir shall each be guilty of an offence …F152.

(4)Where the provisions of subsection (1) have been contravened F153. . . the Ministry, may provide or restore a free gap and may recover from the owner or the occupier of the fishing weir any expenses reasonably incurred in executing the works undertaken for that purpose.

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F151SR 1983/100

82Offence of affecting flow of water through free gap by alteration of bed of river.N.I.

If any alteration is made in the bed of a river in such manner as to reduce the flow of water through the free gap in a fishing weir, the person making the alteration shall be guilty of an offence …F154.

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83Fishing in or near or obstructing free gaps.N.I.

(1)Subject to subsection (4), if any person—

(a)uses any fishing engine in a free gap in a fishing weir; or

(b)uses any fishing engine (not being a rod and line) within[F155 45.5 metres] above or below any part of a fishing weir or the free gap in a fishing weir; or

(c)places any obstruction in a free gap; or

(d)uses any contrivance or does any act whereby fish may be scared, deterred or in any way prevented from freely entering and passing up and down a free gap at all times; or

(e)places any thing whatsoever in, over or across a free gap in a fishing weir, except a temporary bridge or board during the time only when the persons engaged in the fishing of that weir are passing over the free gap; or

(f)in any manner prevents the free and uninterrupted passage of fish through the free gap at any time; or

(g)authorises or instructs or permits any other person to do any of the acts referred to in the foregoing paragraphs;

he shall be guilty of an offence.

(2)Where the owner or occupier of a fishing weir is charged under subsection (1) with the offence of placing an obstruction in the free gap in that weir, and it is proved that the obstruction was placed in the free gap, it shall be presumed, until the contrary is shown, that the obstruction was placed in the free gap by him.

(3)Where a person is convicted of an offence under this section in respect of an obstruction in the free gap of a fishing weir, F156. . . the Ministry, may cause the obstruction to be removed and may recover from that person any expenses reasonably incurred in so doing.

(4)Where a licence granted by the Ministry under section 84 with respect to an eel weir is for the time being in force, this section shall not operate to penalise any act or thing authorised by the licence.

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84Operation of eel weir without free gap.N.I.

(1)The Ministry may by licence authorise the operation of a specified eel weir without a free gap, subject to such conditions as may be contained in the licence.

(2)The Ministry may revoke, or may vary the conditions contained in, a licence granted under this section, where the Ministry is satisfied that such revocation or variation is expedient in the interests of the eel fisheries.

(3)When the Ministry proposes to revoke a licence, or to vary any conditions, under subsection (2), otherwise than on the application of the holder of the licence, the Ministry shall—

(a)give to the holder of the licence at least twenty-eight days' prior notice of its intention to do so; and

(b)state in the notice given under paragraph ( a) the specific variation, if any, under consideration and the grounds upon which the revocation or variation is proposed to be made,

and shall consider any representations in relation to the revocation or variation made by the holder before the expiration of the notice.

(4)Without prejudice to subsection (2), a licence granted under this section may be suspended or revoked in accordance with the provisions of Schedule 1.

85Rules as to boxes in salmon weirs.N.I.

(1)The following rules shall be observed in relation to the construction and use of boxes in salmon weirs:—

(a)the surface of the floor of the box shall be level with the natural bed of the river;

(b)the inscales and the heck of the box shall be capable of being removed and opened up;

(c)the bars of the heck of the box shall be placed perpendicularly;

(d)the inscales and the heck of the box shall be so constructed that no bar or part of a bar is nearer to any other bar or part of a bar than such distance as may be prescribed by [F157regulations] , or if no distance is prescribed, a distance of[F158 5.1 centimetres];

(e)the box shall not be built over or in any other manner hidden from public inspection.

(2)If any person constructs or uses any box in a salmon weir in contravention of subsection (1), he shall be guilty of an offence …F159.

(3)If any box in a salmon weir is constructed in contravention of this section,F160. . . the Ministry may cause the parts of that box which do not comply with the requirements of this section to be removed, and may recover from the occupier of the weir any expenses reasonably incurred in so doing.

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F158SR 1983/100

86Construction of guiding walls appurtenant to salmon weirs.N.I.

(1)There shall not be attached to a salmon weir in a river any guiding wall of greater length than—

(a)[F1616 metres]; or

(b)such length, being less than[F161 6 metres], as the Ministry may by order appoint with respect to a salmon weir specified in the order,

that length being measured, in either case, from the upstream or downstream face of the weir along the centre line of the guiding wall.

(2)There shall not be attached to any salmon weir any guiding wall which has the effect of narrowing up or preventing the ingress or discharge of water through or from the free gap in the weir.

(3)If any salmon weir has a guiding wall in contravention of subsection (1) or (2), the following provisions shall have effect:—

(a)the occupier of the weir shall be guilty of an offence …F162; and

(b)F163. . . the Ministry may cause the guiding wall to be altered or removed, and may recover from the occupier of the weir any expenses reasonably incurred in so doing.

(4)If the occupier of a salmon weir in a river makes such use of any island or natural obstruction in the river as secures to him the advantage he would have obtained by attaching to the weir a guiding wall contravening subsection (1), he shall be guilty of an offence …F162.

(5)In this section, the expression “guiding wall” means any spur or tail wall, leader or outrigger, but does not include the main wall of the salmon weir that connects the boxes of the weir with the bank of the river.

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F161SR 1983/100

N.I.Other provisions

87Restriction on possession of unlawful fishing engines, etc.N.I.

(1)It shall not be lawful for any person to have in his possession or control in any waters or on or near the banks of any waters any fishing engine or lure or bait, if the use of that engine, lure or bait in those waters for the purpose of taking fish is unlawful.

(2)Any person who has in his possession or control any fishing engine or lure or bait in contravention of this section shall be guilty of an offence.

(3)Where a person is charged with an offence under subsection (2) in relation to the possession or control of a net and it is proved that he was found in possession or control of the net in or in the vicinity of the freshwater portion of a river or any lake, it shall be presumed that he had the possession or control of the net with intent to use it in the freshwater portion of the river or in the lake in contravention of section 71(1) unless and until he satisfies the court that at the time the offence is alleged to have been committed—

(a)he intended and was entitled to use the net in one of the manners specified in section 71(2); or

(b)if he was found in possession or control of the net in the vicinity of the boundary between the tidal and freshwater portions of a river, that he intended and was entitled to use the net in the tidal portion of the river or in the sea;

and also proves, in either case, that he was the holder of a fishing licence, if such is required by or under this Act, for the net.

88Taking salmon or trout unlawfully killed or found dead.N.I.

(1)A person who by any means removes or causes to be removed from any waters—

(a)any salmon or trout which has been injured or killed otherwise than by lawful means; or

(b)any salmon or trout which has been found dead, from any cause whatever, by that person;

shall be guilty of an offence.

(2)Subsection (1) shall not apply to any of the following persons—

(a)any person acting under the authority of the Ministry; or

(b)F164. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)any owner of a fishery in those waters; or

(d)any agent of the owner of a fishery in those waters; or

(e)any member of the Royal Ulster Constabulary; or

(f)[F165 any person acting under the authority of a district council].[F166 or]

[F166(g)any private water bailiff appointed to protect those waters.]

(3)Where a person is charged with an offence under this section in respect of any fish it shall be a good defence to prove that he removed the fish from any waters, or caused it to be so removed, solely for the purpose of delivering it to a person designated in any of paragraphs ( a) to ( f) of subsection (2), and that he did so deliver it before being required to do so by any such person.

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F165SRO (NI) 1973/343

PART VIN.I.TIMES OF FISHING FOR SALMON, TROUT, POLLEN AND EELS

N.I.Annual close season for salmon and trout caught otherwise than by rod and line

89Annual close season for salmon and trout.N.I.

In this Act the expression “the annual close season for salmon and trout” means, in relation to any locality, the period during which it is declared by [F167regulations] for the time being in force and applicable to that locality to be unlawful to fish for, take or kill salmon or trout with a fishing engine other than rod and line.

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90Penalties for fishing otherwise than by rod and line for salmon or trout during the annual close season for salmon and trout.N.I.

(1)If any person fishes for, takes or wilfully kills salmon or trout during the annual close season for salmon and trout, he shall be guilty of an offence and shall be liable on summary conviction to [F168 a fine not exceeding £500 or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment, and shall in addition be liable to a further fine not exceeding £50 for every salmon and £10 for every trout taken or so killed by him].

(2)This section shall not apply to—

(a)the fishing for or taking of salmon or trout by rod and line, or the killing of salmon or trout so taken; or

(b)the fishing for, taking or killing of salmon or trout in any fish farm with respect to which a fish culture licence under section 11 is for the time being in force, in accordance with the terms of the licence.

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91Provisions to be observed in relation to fixed engines during the annual close season for salmon and troutN.I.

(1)During the annual close season for salmon and trout every net, leader or other moveable part of a fixed engine used for the taking of salmon or trout shall be removed from the poles or fixtures to which it is attached and shall be taken from thence.

(2)If in respect of any fixed engine there is a contravention of the provisions of subsection (1), the occupier of the fixed engine shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [F169 £500] or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

(3)Nothing in this section shall be construed as rendering liable to any penalty a person who satisfies the court that he was prevented by floods, storm or stress of weather from complying with subsection (1) during the continuance of that prevention.

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92Dismantlement of salmon weirs during the annual close season for salmon and trout.N.I.

(1)Within thirty-six hours of the commencement of the annual close season for salmon and trout, all the moveable parts of a salmon weir shall be removed from the weir and shall be taken from thence.

(2)The moveable parts of a salmon weir shall not be placed in or on that weir earlier than thirty-six hours before the expiration of the annual close season.

(3)During the annual close season (except the first and the last thirty-six hours thereof) the moveable parts of a salmon weir shall not be allowed to remain in or on that weir.

(4)If in respect of any salmon weir there is a contravention of the provisions of subsection (1), (2) or (3) the occupier of the weir shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [F170 £500] or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

(5)Nothing in subsection (4) shall be construed as rendering liable to any penalty an occupier of a salmon weir who satisfies the court that he was prevented by floods, storm or stress of weather from complying with subsection (1) during the continuance of that prevention.

(6)Where the occupier of a salmon weir is convicted of an offence under this section, F171. . . the Ministry, may cause to be removed from the salmon weir the moveable parts in respect of which the offence was committed and may recover from the occupier any expenses reasonably incurred in so doing.

(7)In this section the expression “moveable parts” means, in relation to a salmon weir, the inscales and heck of every box in the salmon weir and all other fittings and articles used in connection with those boxes which are capable of removal.

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93Removal of nets from banks, etc., of waters during the annual close season for salmon and trout.N.I.

(1)All nets used for taking salmon or trout shall be removed from the banks of any waters and from the vicinity thereof during the annual close season for salmon and trout.

(2)If subsection (1) is not complied with in regard to any net, the owner of, or the person who used, that net shall be guilty of an offence.

94Use of nets in inland waters during the annual close season for salmon and trout.N.I.

(1)Subject to subsection (2), if any person, during the annual close season for salmon and trout, does, in the freshwater portion of any river or lake, any of the following things—

(a)places, affixes or attaches any net to any stake, bridge, sluice or lock gates of a canal or other such fixed erection; or

(b)lays, draws or fishes with any net whatsoever;

he shall be guilty of an offence.

(2)This section shall not apply to—

(a)the use of a landing net or keep net solely as auxiliary to lawful fishing with rod and line;

(b)the lawful use of a net for the taking of eels; or

(c)the lawful use, in accordance with [F172regulations] , of nets for the taking of fish other than salmon, trout or eels.

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N.I.Annual close season for angling for salmon and annual close season for angling for trout

95Annual close season for angling for salmon and annual close season for angling for trout.N.I.

(1)In this Act the expression “the annual close season for angling for salmon” means, in relation to any locality, the period during which it is declared by [F173regulations] for the time being in force and applicable to that locality to be unlawful to fish for or take salmon with rod and line, or, if no period is prescribed, the period from 31st October in any year to 31st January in the then next-following year.

(2)In this Act the expression “the annual close season for angling for trout” means, in relation to any locality, the period during which it is declared by [F173regulations] for the time being in force and applicable to that locality to be unlawful to fish for or take trout with rod and line, or, if no period is prescribed, the period from 28th September in any year to the last day of February in the then next-following year.

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96Angling for salmon or for trout during annual close season for angling for salmon or annual close season for angling for trout.N.I.

If during the annual close season for angling for salmon or the annual close season for angling for trout any person fishes for, takes or wilfully kills salmon or trout, as the case may be, with rod and line, he shall be guilty of an offence.

N.I.Weekly close time for salmon and trout caught otherwise than by rod and line

97Weekly close time.N.I.

In this Act the expression “the weekly close time” means, in relation to any locality, the period prescribed by [F174regulations] as such for that locality, or if no period is prescribed, the period commencing at 6 o'clock a.m. on each Saturday and ending at 6 o'clock a.m. on the then next-following Monday.

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98Penalty for fishing otherwise than by rod and line for salmon or trout during the weekly close time.N.I.

(1)Subject to subsection (2), if, during the weekly close time, any person fishes for, takes or wilfully kills salmon or trout he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [F175 £500] or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

(2)Subsection (1) shall not apply to the lawful use of a rod and line for the taking of salmon or trout otherwise than during the annual close season for angling for salmon or, as the case may be, the annual close season for angling for trout.

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99Provisions to be observed in relation to certain fixed engines during the weekly close time.N.I.

(1)During the weekly close time—

(a)the netting of the leader of every bag net used for catching salmon shall be raised and kept out of the water; and

(b)all other nets used as fixed engines for the taking of salmon or trout shall be wholly removed from the water.

(2)If in respect of any bag net the provisions of subsection (1)( a), or if in respect of any other net to which subsection (1)( b) applies the provisions of subsection (1)( b), are not complied with, the occupier of that bag net or net shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [F176 £500] or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

(3)Nothing in this section shall be construed as rendering liable to any penalty a person who satisfies the court that he was prevented by floods, storm, or stress of weather from complying with subsection (1) during the continuance of that prevention.

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100Provisions to be observed in relation to salmon weirs during the weekly close time.N.I.

(1)During the weekly close time the inscales and heck of each box in a salmon weir shall be either removed or opened out in such a manner that a clear opening of not less than[F177 1.2 metres] in width is left open therein from the top to the bottom of the box and a free, direct and uninterrupted space of that width is effectually secured for the passage of all fish, both up and down, through the box.

(2)If in respect of any salmon weir the provisions of subsection (1) are not complied with, the occupier thereof shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [F178 £500] in respect of each box in the weir the inscales and heck whereof are not removed or opened out as required by subsection (1).

(3)Nothing in subsection (2) shall be construed as rendering liable to any penalty a person who satisfies the court that he was prevented by floods, storm or stress of weather from complying with subsection (1) during the continuance of that prevention.

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F177SR 1983/100

101Penalty for preventing fish from passing through boxes, etc., during the weekly close time.N.I.

If any person, during the weekly close time—

(a)uses any means or contrivance to prevent the free passage of fish through any box or gap in a salmon weir or through any fixed engine; or

(b)in any way or by any means wilfully frightens or scares or attempts to frighten or scare any fish from passing through such a box or gap or through the traps or eyes of a fixed engine;

he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [F179 £500] or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

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102Scaring or obstructing free passage of salmon or trout during the weekly close time.N.I.

(1)Without prejudice to section 101, if any person scares, impedes or obstructs the free passage of salmon or trout during the weekly close time, he shall be guilty of an offence.

(2)This section shall not apply to any person who takes fish lawfully by rod and line during the weekly close time.

103Use of nets in inland waters during the weekly close time.N.I.

(1)Subject to subsection (2), if any person, during the weekly close time, does, in the freshwater portion of any river or lake, any of the following things—

(a)places, affixes or attaches any net to any stake, bridge, sluice, lock gate of a canal or other such fixed erection; or

(b)lays, draws or fishes with any net whatsoever;

he shall be guilty of an offence.

(2)This section shall not apply to—

(a)the use of a landing net or keep net solely as auxiliary to lawful fishing with rod and line;

(b)the lawful use of a net for the taking of eels; or

(c)the lawful use, in accordance with [F180regulations] , of nets for the taking of fish other than salmon, trout or eels.

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N.I.Other restrictions as to times of fishing for salmon and trout

104Restriction on use of salmon or trout nets during certain hours in freshwater portions of rivers.N.I.

(1)Subject to subsection (3), it shall not be lawful for any person to use any net for the capture of salmon or trout in the freshwater portion of any river between the hours of eight o'clock in the evening and six o'clock in the morning.

(2)If any person contravenes subsection (1) he shall be guilty of an offence.

(3)This section shall not apply to the use of a landing net or keep net solely as auxiliary to lawful fishing with rod and line [F181 or in connection with the lawful operation of a fishing weir.]

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N.I.Pollen

105Annual close season for pollen.N.I.

In this Act, the expression “the annual close season for pollen” means, in relation to any locality, the period from 31st October in any year to 31st January in the then next-following year or such other period as may be declared by [F182regulations] for the time being in force and applicable to that locality to be a period during which it is unlawful to fish for, take or kill pollen.

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106Extension of sections 90 and 98 to pollen.N.I.

The provisions of section 90 and of section 98 shall apply to pollen in the same way as they apply to salmon and trout, with the substitution therein of references to pollen for references to salmon or trout, and of references to the annual close season for pollen for references to the annual close season for salmon and trout, and with the omission from section 98(2) of the words from “otherwise” to the end of the subsection.

N.I.Eels

107Annual close season for eels.N.I.

In this Act the expression “the annual close season for eels” means in relation to any locality and for the purposes of the taking of eels by means of a fishing engine of any description, other than rod and line, the period during which it is declared by a regulation under section 15 for the time being in force and applicable to that locality to be unlawful to fish for or take eels by means of a fishing engine of that description, or if no period is so prescribed,—

(a)in relation to the taking of eels by means of [F183 fishing engines which are erected or hung in fishing weirs or are] fixed engines (other than long lines), the period from 9th January in any year to 31st May in that year; and

(b)in relation to the taking of eels by any means other than a fishing engine to which paragraph ( a) applies (except by rod and line), the period from 9th January in any year to 30th April in that year.

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108Prohibition of taking etc. eels, otherwise than by rod and line, during the annual close season.N.I.

(1)Subject to subsection (2), and without prejudice to section 109, if any person—

(a)during the annual close season for eels taken otherwise than by means of a fishing engine to which section 107( a) applies, fishes for, takes or wilfully kills eels by any method whatsoever; or

(b)during the annual close season for eels taken by means of such a fishing engine, fishes for, takes or kills eels by means of such a fishing engine; or

(c)has in his possession during such period as may be prescribed by regulations, or, if no period is so prescribed, during the period from 31st March in any year to the then next-following 30th April, any eel other than an eel that he proves was captured elsewhere than in any part of Northern Ireland outside the Londonderry Area [F184or the Newry Area];

he shall be guilty of an offence and shall be liable on summary conviction [F185 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)[F186 Paragraph ( a)] of subsection (1) shall not apply to the fishing for or taking of eels by rod and line, or the killing of eels so taken, and paragraph ( c) of that subsection shall not apply to a person who, having any eel in his possession during the period referred to therein, proves that the eel was caught by rod and line at a particular place by [F186 a person who was the holder of a fishing licence authorising him to angle for eels or who was exempted by [F187regulations] made under section 37( f) from the requirement to hold such a licence] otherwise than during any period for the time being fixed by [F187regulations] as a close season for angling for eels.

(3)The Ministry may by order made subject to affirmative resolution provide that this section shall have effect as if the words in subsection (1)( c) from “other” onwards were omitted.

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109Placing fishing engines for taking eels in eyes, etc., of fishing weirs during the annual close season for eels or during the daytime.N.I.

(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 [F188 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.

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PART VIIN.I.RESTRICTIONS ON DEALINGS IN SALMON, TROUT AND EELS

110Prohibition of sale, etc., of salmon or trout unlawfully captured.N.I.

(1)Subject to the succeeding provisions of this section, if any person buys, sells, offers or exposes for sale or has in his possession any salmon or trout unlawfully captured, he shall be guilty of an offence under this Part and shall be liable—

F189[(a)on summary conviction to a fine not exceeding £500 or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment and shall in addition be liable to a further fine not exceeding £50 for every salmon and £10 for every trout so bought, sold, offered or exposed for sale or found in his possession;

(b)on conviction on indictment to[F190 an unlimited fine] or to imprisonment for a term not exceeding two years or to both such fine and such imprisonment.]

(2)In any proceedings under this section, the onus of proving that the salmon or trout, the subject of the proceedings, was lawfully captured shall lie on the defendant.

(3)Where a person, being a common carrier, is charged with the offence of having in his possession any salmon or trout unlawfully captured, it shall be a good defence to the charge for him to prove—

(a)that he had the salmon or trout in his possession as a common carrier and not otherwise; and

(b)that at the time at which the salmon or trout was accepted by him for carriage, the consignor delivered to him a certificate in writing signed by the consignor to the effect that the salmon or trout was lawfully captured.

(4)F191. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Where a person is charged with an offence under subsection (1) in relation to a salmon or a trout and—

(a)he proves that he acquired the fish from a person who then was, or whom he believed on reasonable grounds then to have been, the holder of a dealer's licence issued under the succeeding provisions of this Part; or

(b)he satisfies the court that he had no reason to suppose the fish to have been unlawfully captured, and that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence;

the charge against that person shall be dismissed.

(6)If a person in a certificate signed by him and delivered to a common carrier under subsection (3)( b) makes any statement which to his knowledge is false, he shall be guilty of an offence [F192 and shall be liable on summary conviction to a fine not exceeding £500.]

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F193[111Prohibition of purchase, sale, etc., of salmon, trout, pollen and brown eels at certain times.N.I.

(1)If any person buys, sells, offers or exposes for sale or has in his possession for sale—

(a)any salmon or trout at any time during the period from 15th September in any year to 31st January in the next-following year; or

(b)any pollen at any time during the period from 7th November in any year to 31st January in the then next-following year; or

(c)any brown eels at any time during the period from 16th January in any year to the date in that year of the commencement of the period mentioned in section 108(1)( c);

he shall be guilty of an offence under this Part.

(2)Subsection (1) shall not apply to any person buying, selling, offering or exposing for sale or having in his possession for sale any fish of a kind mentioned in paragraph ( a) or, as the case may be, ( b) or ( c) of that subsection which he proves was

[F194(a)reared in a fish farm; or

(b)supplied by the Department.]

(3)For the purposes of this section a person shall be deemed to have a salmon or trout or, as the case may be, a pollen or a brown eel in his possession for sale if it is found at any place, or on or in any vehicle, specified in a dealer's licence issued to him under the succeeding provisions of this Part, unless he satisfies the court that it was not his intention to sell it.

[F195(4)The Department may by regulations substitute for the period mentioned in paragraph (a), (b) or (c) of subsection (1) such other period as may be specified in the regulations.]

(5)Notwithstanding anything in section 19(2) or [F19626(3) any] regulations made under subsection (4), shall be subject to affirmative resolution.]

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112Restriction on purchase of salmon, trout and eels.N.I.

(1)Subject to subsection (2), a person who is not the holder, or the agent duly authorised in writing in that behalf of the holder, of a dealer's licence issued under the succeeding provisions of this Part and for the time being in force, and who buys salmon, trout or eels, [F197 or being the holder of such a licence, or the agent of such a holder, buys salmon, trout or eels elsewhere than at the place or vehicle in respect of which the licence is in force], shall be guilty of an offence under this Part.

(2)Subsection (1) shall not apply in relation to—

(a)the bona fide purchase by or on behalf of a person of salmon, trout or eels for use by the person in his own home; or

(b)the bona fide purchase of salmon, trout or eels by or on behalf of any person for use for catering purposes in premises in which he carries on the business of a hotel, restaurant or guest house or of providing board and lodging or meals for reward, if the purchase is made from—

(i)the holder of a dealer's licence for the time being in force; or

(ii)a fisherman who is lawfully engaged in taking and killing salmon, trout or eels, and who is the holder of a fishing licence which is for the time being in force and is available for use for the taking and killing of salmon or, as the case may be, trout or eels;

and, in the case of a purchase from a fisherman, the purchaser—

(aa)obtains from the fisherman a statement in writing containing his name and address and the number of his fishing licence and stating that the salmon or, as the case may be, the trout or eels are of his own lawful capture, and

(bb)retains the statement[F198 and keeps it at the premises in which he carries on the business] and produces it to an authorised officer when requested by the authorised officer to do so.

(3)A person who is buying salmon, trout or eels and purports to be acting as an agent of the holder of a dealer's licence shall produce on demand by an authorised officer his authorisation to act as such agent and if he refuses or fails to produce his authorisation or, on the production thereof, refuses or fails to permit the authorised officer to read the authorisation there and then, he shall be guilty of an offence.

(4)A person who when the production of the authorisation referred to in subsection (3) is lawfully demanded of him under this section does not produce the authorisation because he is not the holder of an authorisation shall be deemed to refuse or fail to produce his authorisation within the meaning of this section.

(5)Where, pursuant to subsection (2), a person (in this subsection referred to as the vendor) selling salmon, trout or eels to another person gives to that person a statement in writing which, or any part of which, is, to the knowledge of the vendor, false or misleading, the vendor shall be guilty of an offence under this Part.

(6)In this section authorised officer means

(a)an officer of the Ministry authorised by the Ministry to exercise the powers conferred by this section; or

(b)a member of the Royal Ulster Constabulary; or

[F198(c)an inspector or fishery conservation officer appointed by [F199the Department] .]

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N.I.Licences for the sale of salmon, trout and eels

113Prohibition of sale, etc., of salmon, trout and eels without licence.N.I.

(1)Subject to subsection (3), no person shall sell, or offer or expose for sale, or have in his possession for sale at any place or from or in any vehicle, salmon, trout or eels unless he is the holder of a licence for the time being in force (in this Part referred to as a “dealer's licence” ) authorising him to sell salmon, trout or eels at that place, or, as the case may be, from that vehicle.

(2)Any person who, not being the holder of a dealer's licence, sells, offers or exposes for sale, or has in his possession for sale salmon, trout or eels, or being the holder of such a licence sells, offers or exposes for sale, or has in his possession for sale salmon, trout or eels at a place or, as the case may be, from or in a vehicle, other than that specified in the licence, shall be guilty of an offence under this Part.

(3)This section shall not apply to—

(a)[F200the Department]; or

(b)a fisherman selling only fish of his own lawful capture; or

(c)the holder of a fish culture licence under section 11, in relation to fish reared in the fish farm with respect to which the licence is in force; or

(d)a person who has possession of fish for use for catering purposes in premises in which he carries on the business of a hotel, restaurant or guest house or of providing board and lodging or meals for reward, or who sells fish or offers or exposes fish for sale as or as part of a meal in the ordinary course of such a business[F201; or

(e)a person selling a fish in pursuance of section 181(2) or of a direction given by the Ministry under section 198(1)].

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114Grant of licence.N.I.

(1)Where a person who is not for the time being disqualified under section 200 for holding a dealer's licence makes application in writing to [F202the Department] in the form prescribed by [F202the Department] and forwards therewith—

(a)a certificate signed by a justice of the peace that that person is a fit and proper person to receive a licence; and

(b)a fee[F203 of such amount] as may be prescribed by [F204regulations];

[F202the Department] may grant a dealer's licence to that person.

(2)A dealer's licence shall (unless previously terminated) continue in force until 31st December of the year in which it is granted and shall then expire.

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115Renewal of licence.N.I.

(1)Where the holder of a dealer's licence applies within the time before its expiration prescribed by [F205the Department] , or where a person who was the holder of a dealer's licence and is not for the time being disqualified under section 200 for holding such a licence applies within the time so prescribed after its expiration, and the application—

(a)is made in writing in the prescribed form; and

(b)is accompanied by a fee[F206 of such amount] as may be prescribed by [F207regulations];

[F205the Department] may renew that licence.

(2)Every dealer's licence renewed under this section shall (unless previously terminated) continue in force until the expiration of the calendar year for which the licence is renewed, and shall then expire.

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116Appeal from refusal of licence.N.I.

(1)When [F208the Department][F209refuses] to grant to a person who has complied with the provisions of section 114 or 115 either a dealer's licence or, as the case may be, the renewal of a dealer's licence, [F210it] shall send to that person a notice—

(a)stating the grounds upon which the licence or renewal is refused; and

(b)informing him of his right of appeal under subsection (2) and of the time within which the appeal may be brought.

(2)A person who is aggrieved by a refusal of [F208the Department] to grant to him a dealer's licence or to renew such a licence of which he is or was the holder may, within twenty-eight days from the date on which a notice under subsection (1) is served on him, appeal to the county court against such refusal.

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117Separate licence required for each premises, etc.N.I.

A separate and distinct dealer's licence shall be taken out by every person proposing to sell salmon, trout or eels in respect of each separate and distinct place or set of premises where, or, as the case may be, every vehicle from which, it is proposed to sell the same.

118Publication of licences.N.I.

(1)Every holder of a dealer's licence shall cause that licence to be displayed prominently during business hours in the place or vehicle to which the licence relates, and, if he fails to do so, he shall be guilty of an offence under this Part.

(2)Lists of persons holding dealers' licences shall be published by [F211the Department] at such times and places, and in such manner and form, as may be prescribed by [F211the Department] .

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119Temporary continuance of licence on death.N.I.

Where the holder of a dealer's licence dies, the licence shall, unless forfeited under section 200, enure for the benefit of his personal representative or his[F212 surviving spouse or civil partner] or any other member of his family until the expiration of two months from his death or such longer period as [F213the Department] may allow.

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F212SR 2005/479

120Register to be kept by holder of licence.N.I.

[F214(1)Every holder of a dealer's licence—

(a)shall keep or cause to be kept at the place or premises to which the licence relates or at such other place as may be permitted by [F215the Department] a register in such form as may be prescribed by [F216regulations]

(i)of all salmon, trout or eels acquired, by whatever means and whether in the course of his business as a dealer or otherwise, by him or by any person acting on his behalf, and

(ii)of all salmon, trout or eels disposed of, by whatever means and whether in the course of his business as a dealer or otherwise, by him or any person acting on his behalf; and

(b)shall enter or cause to be entered in the register such particulars relating to such salmon, trout or eels (other than any particulars as to price) as may be so prescribed.]

(2)A separate register shall be kept in respect of each place or set of premises, or, as the case may be, each vehicle, with respect to which a dealer's licence is for the time being in force.

(3)Where a dealer's licence is issued with respect to a vehicle, the register referred to in subsection (1) shall be kept in that vehicle whenever the vehicle is being operated in the ordinary course of business, and at other times shall be kept at such place as may be prescribed[F214 by [F216regulations]]; and, accordingly, references in this Part to any place or premises where the register is required to be kept shall, as the case requires, be construed as references to that vehicle or the place so prescribed.

(4)The particulars referred to in subsection (1) shall be entered in the register on the same day as that on which the purchases, receipts or sales were made or received.

(5)Subsection (1) shall not apply with respect to any one or more sales by retail made to any one person on any one day where the total weight of the fish sold to that person on that day does not exceed[F217 2.25 kilograms], provided that a statement of the aggregate weight of all the fish which were the subject of such sales to all such persons on that day is entered in the register in such manner as may be prescribed[F214 by [F216regulations]].

(6)Any authorised officer may inspect any register kept in pursuance of this section during such time as the place where the register is required to be kept under this section is open for the carrying on of business or at such other reasonable hours as [F215the Department] may prescribe by [F216regulations] ; and it shall be the duty of the licence-holder and of every person keeping the register, upon the request of an authorised officer, to produce for inspection by him that register, and also all invoices, consignment notes, receipts and other documents (including copies thereof where the originals are not available) which may be required to verify any entry in or explain any omission from the register, and to allow the authorised officer to take copies of or extracts from the register or any such document.

(7)A demand for the inspection of a register or other document under subsection (6) shall be deemed to have been duly made to the licence-holder if the demand is made verbally at the place, premises or vehicle where the register is required to be kept under subsection (1) or (3) to any person in the employment of the licence-holder.

(8)A person who holds or has held a dealer's licence shall preserve and retain any register kept by him under this section [F218 together with any documents which may be required to verify any entry in or explain any omission from that register] for a period of six months after the expiration of the latest year in which an entry was made in the register.

(9)Any holder of a dealer's licence who contravenes any provision of this section shall be guilty of an offence under this Part.

(10)Any person who wilfully or negligently makes or causes to be made in a register kept under this section any entry which is false or misleading in any material particular shall be guilty of an offence under this Part.

(11)In this section “authorised officer” has the same meaning as in section 112(6).

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F217SR 1983/100

S.121 rep. by 1981 NI 7

N.I.Other provisions

122Marking of packages containing salmon, trout or eels.N.I.

(1)Every package containing salmon, trout or eels in course of transit in Northern Ireland shall be marked conspicuously on the outside with the words "salmon and trout' or the word "salmon', or the word "trout', or the word "eels', as the case may require, and shall have also marked thereon or on a label affixed thereto the name and address of the consignor thereof.

(2)Where any package containing salmon, trout or eels is not marked in the manner required by this section, any person—

(a)sending or consigning the package for transit in Northern Ireland; or

(b)carrying the package in Northern Ireland for reward (except in a case where that person proves that he did not know or could not reasonably have known that the package contained salmon, trout or eels);

shall be guilty of an offence under this Part.

123Penalties for offences under Part VII.N.I.

Any person guilty of an offence under any provision of this Part (other than [F219 section 110(6)]) shall be liable—

F220[(a)on summary conviction to a fine not exceeding £500 or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment;

(b)(except for an offence under section 120 or 122) on conviction on indictment to[F221 an unlimited fine] or to imprisonment for a term not exceeding two years or to both such fine and such imprisonment.]

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[F222123APower to apply this Part to other species of fish.N.I.

(1)The Department may by order provide that this Part shall apply, subject to such modifications and exceptions as may be specified in the order, to any species of freshwater fish so specified.

(2)In subsection (1) “modifications” includes additions, omissions and amendments.

(3)An order made under subsection (1) shall be subject to negative resolution.]

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PART VIIIN.I.SEA-FISHERIES

N.I.Regulations

F223[124Sea-fishing regulations.N.I.

(1)The Department may make such regulations as appear to it to be expedient for the management, conservation, protection, improvement or increase of sea-fisheries[F224 in Northern Ireland inshore waters or] in[F225 the Northern Ireland zone].

[F226(1A)In the application of this section to the Londonderry Area and the Newry Area, the reference in subsection (1) to sea-fisheries does not include a reference to tope, sea bass, mussel or oyster fisheries.]

(2)Without prejudice to subsection (1), regulations may be made for the following purposes—

(a)the registry of sea-fishing boats;

(b)the regulation of fishing and the preservation of good order among persons engaged therein;

(c)prohibiting, either absolutely or in the absence of compliance with conditions specified in the regulations, the taking of sea-fish of any description at any time or season or of sea-fish in any condition, and the having on board a sea-fishing boat of any such fish, and specifying conditions on which fish taken in contravention of the regulations may be retained (and the taking and having of them therefore excused);

(d)prohibiting in any area specified in the regulations, either without limitation of time or for any period so specified,—

(i)all fishing for sea-fish;

(ii)fishing for sea-fish of any description;

(iii)fishing for sea-fish, or sea-fish of any description, by any method so specified,

by any sea-fishing boat or by a sea-fishing boat of any description;

[F224(dd)prohibiting in any area specified in the regulations, either without limitation of time or for any period so specified,—

(i)fishing from or by means of any vehicle or any vehicle of a specified description;

(ii)fishing by means of a specified description of equipment;]

(e)fixing the times, seasons and places in which fishing engines or gear of any description may not be on board a sea-fishing boat or used;

(f)prohibiting the possession or use of fishing engines or gear of any description or the use of such engines or gear otherwise than in the manner prescribed by the regulations;

(g)prohibiting any practice whatsoever tending to impede the lawful capture of sea-fish or to be in any manner detrimental to the fisheries.

[F224(2A)The power to make regulations under this section may be exercised for—

(a)the conservation or enhancement of the natural beauty or amenity of marine or coastal areas (including their geological or physiographical features) or of any features of archaeological or historic interest in those areas; or

(b)the conservation of flora or fauna which are dependent on, or associated with, a marine or coastal environment.]

(3)If any person contravenes a regulation made under this section he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000; and if in the case of any sea-fishing boat there is a contravention of such a regulation, the master, and the charterer, if any, of the boat, or, if there is no charterer, the owner shall each be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000.]

[F224(4)Where—

(a)a person commits an offence under subsection (3); and

(b)a vehicle or equipment is used in the commission of the offence, then, in addition to that person, any person who caused or permitted the commission of the offence is guilty of an offence.

(5)For the purposes of this section—

(a)“Northern Ireland inshore waters” means the area adjacent to the coast of Northern Ireland and to the landward of a limit of 6 miles from the baseline from which the breadth of the territorial sea is measured, up to the mean high-water mark of ordinary spring tides; and

(b)“sea-fisheries” includes any fishery within that area.]

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F225SI 2002/790

S.125 rep. by 1981 NI 7

F227[126Landing etc., fish caught in contravention of regulations.N.I.

If any person brings to land, lands or sells or offers or exposes for sale or has in his possession for the purpose of sale any fish caught in contravention of any regulation made under section 124, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000.]

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N.I.Undersized sea-fish

127 F228Minimum sizes of sea-fish.N.I.

(1)Subject to subsections (5) and (6), no person shall [F229 bring to land], land, sell or offer or expose for sale, or have in his possession for the purpose of sale, any sea-fish of any description, being a fish of a smaller size than such size as may be prescribed in relation to sea-fish of that description by an order of the Ministry made subject to negative resolution, and orders under this subsection may prescribe a different size in relation to landing from that prescribed for other purposes.

F229[(1A)Where an order is made under subsection (1) in relation to lobsters that subsection shall have effect as if the words “for the purpose of sale” were omitted; but that subsection as so modified shall not apply to the possession of lobsters purchased by retail in a shop.]

(2)Subject to any exemption granted under subsection (7), no person shall have in his possession for the purpose of processing or otherwise using in the course of any business any fish to which subsection (1) applies.

(3)Where an order under subsection (1) prescribes a size for fish of any description (whether in relation to landing only or for all the purposes of the subsection), then, except in so far as provision is made to the contrary by such an order, a person who lands a part of a fish of that description shall be deemed to contravene that subsection if the part is of a smaller size than the size so prescribed.

F229[(3A)An order under subsection (1) may confer exemptions from any prohibition imposed by this section.]

Subs.(4)(5) rep. by 1981 NI 7

(6)Where an order under [F230 section 1(1) of the Sea Fish (Conservation) Act 1967 [1967 c.84] ] (which …F231 prohibits the landing in Great Britain and disposal there of sea-fish of less than the prescribed size …F231) is for the time being in force with respect to fish of any description, then, in relation to fish of that description,—

(a)no order shall be made under subsection (1) for purposes corresponding to those of the first-mentioned order prescribing any lesser size than the size prescribed by the first-mentioned order; … F231

Para.(b) rep. by 1981 NI 7

F231.

(7)Where it appears to an officer authorised in that behalf by the Ministry that any fish which have been caught are fish to which subsection (1) applies, the officer may grant in writing to any person such exemption from subsection (2) as the officer considers requisite to enable the fish to be disposed of.

(8)If any person contravenes this section, that person shall be guilty of an offence, …F231.

(9)Any person, …F231 who is guilty of an offence under subsection (8) shall be liable on summary conviction [F232 to a fine not exceeding £1,000.]

(10)Any officer of a market authority acting within the limits of a market which that authority has power to regulate, may seize any sea-fish which are landed, sold or offered or exposed for sale by any person in contravention of this section or which any person has in his possession in contravention of this section and for the purposes of this subsection may exercise any power conferred on an authorised officer by section 178.

(11)In this section “sea-fish” includes fish which has been cured, frozen or otherwise preserved, and “market authority” means any authority or person having power to regulate a market.

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F228mod. by SR 2000/20

N.I.Other provisions

128Use of beaches, etc., by fishermen for purposes of sea-fishing.N.I.

(1)Any fisherman or any person employed by a fisherman may—

(a)enter upon all such beaches, strands and waste lands on or adjoining the seashore or any estuary as may be necessary for the purpose of sea-fishing; and

(b)draw up and spread nets and land fish upon any such beach, strand or waste land.

(2)If any person resists or forcibly obstructs any other person exercising any right conferred by subsection (1), the first-mentioned person shall be guilty of an offence.

(3)Subsection (1) shall not be construed as authorising the erection of any fixtures or fixed nets on any beach, strand or waste land.

129Use by fishermen of land adjoining fishing places.N.I.

(1)Any fisherman engaged in sea-fishing, and any person watching on behalf of, directing, guiding, assisting or helping to attend to the nets of any such fisherman may, subject to subsection (2), enter any land in the vicinity of any fishing place for the purpose of watching for or of drawing or carrying ashore fish, or for the purposes of directing and guiding any fisherman engaged or about to engage in fishing.

(2)Subsection (1) shall not authorise any person to enter an enclosed garden or any cultivated land bearing a growing crop.

(3)If any person resists or forcibly obstructs any other person exercising any right conferred by subsection (1) the first-mentioned person shall be guilty of an offence.

S.130 rep. by 1981 NI 7

[F233PART IXN.I.SHELL-FISH FISHERY LICENCES

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131Power of Department to grant shell-fish fishery licence.N.I.

(1)Where the Department grants to any person a fish culture licence under section 11 authorising the operation of a fish farm for the culture of shell-fish of any kind at a place specified in the licence, the Department may, in accordance with the provisions of this Part, grant to that person a further licence (a “shell-fish fishery licence” ) conferring on him the exclusive right of cultivating shell-fish of that kind within any area specified in the shell-fish fishery licence ( “the licensed area” ) which is at that place.

(2)Subject to subsections (3) and (4), the licensed area may include any part of the foreshore or any part of the bed of the sea or an estuary.

(3)A shell-fish fishery licence shall not specify any area in which the Department is satisfied the public exercise a substantially profitable fishing for shell-fish.

(4)A shell-fish fishery licence shall not specify any area—

(a)which forms part of the foreshore or the bed of the sea or an estuary, unless the licence is granted with the consent of the Secretary of State;

(b)which forms part of the Crown Estate or is subject to rights exercisable by the Crown in right of the Crown Estate, unless the licence is granted with the consent of the Crown Estate Commissioners;

(c)which forms either part of the foreshore or part of the bed of the sea or an estuary owned or lawfully occupied by a person other than the Crown, unless the licence is granted to, or with the consent of, the owner or occupier of that part of the foreshore or that part of the bed of the sea or the estuary;

(d)which is within the limits of a several fishery, unless the licence is granted to, or with the consent of, the owner or occupier of that fishery.

(5)In subsection (4) “consent” means consent in writing.

132Application for shell-fish fishery licence.N.I.

(1)An application for a shell-fish fishery licence shall be made to the Department in such form and manner as the Department may direct and shall be accompanied by any consents required by section 131(4) ( a), ( c) or ( d).

(2)On considering an application for a shell-fish fishery licence—

(a)if the Department is minded to grant the licence it shall—

(i)publish, at the applicant's expense, notice of the application in the Belfast Gazette and in such two or more newspapers as the Department considers appropriate, stating the address to which and the period (not being less than one month from the date of publication) within which objections in writing to the grant of the licence may be sent to the Department; and

(ii)if any objections (not being, in the opinion of the Department, vexatious, frivolous or insubstantial) are received within that period and not withdrawn, and are not such as, without further inquiry, to cause the Department to become minded not to grant the licence, cause a local public inquiry to be held[F234 by the Appeals Commission for the purpose of considering those objections];F234. . .

Head (iii) rep. by 1991 NI 13

Para. (b) rep. by 1991 NI 13

(c)if, otherwise than after the holding of a local public inquiry, the Department is minded not to grant the licence[F234 or grants the licence subject to conditions—

(i)the Department shall give to the applicant a written notification of the reasons why it is minded not to grant the licence or has granted it subject to conditions; and

(ii)the applicant may, within 28 days from the day on which such notification is given, appeal to the Appeals Commission.]

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133Form, conditions, duration and variation of shell-fish fishery licence.N.I.

(1)A shell-fish fishery licence—

(a)shall define the position and limits of the licensed area by reference to a map, either with or without descriptive matter (which, in the case of any discrepancy with the map, shall prevail except in so far as may otherwise be provided by the licence);

(b)without prejudice to subsection (2), may be subject to any conditions or limitations specified in the licence; and

(c)subject to subsections (3) and (4),—

(i)shall in the first instance be limited to a period of five years, and

(ii)on the expiration of that period shall, on the Department's being satisfied that reasonable progress has been, and is likely to continue to be, made in forming, developing and cultivating the shell-fish fishery, be renewed for a further period specified by the Department in writing, not exceeding 30 years, and

(iii)on the expiration of that period, on the Department's being satisfied as aforesaid, may be further renewed from time to time but not, on any occasion, for a period exceeding 30 years.

(2)Where any consent mentioned in section 131(4) was given subject to any conditions or limitations, those conditions or limitations shall be specified in the licence.

(3)Where a shell-fish fishery licence has been granted—

(a)to the occupier (not being the owner) of a several fishery or of any land included in the licensed area;

(b)to any person with the consent of such an occupier ,

and the owner of the several fishery or land did not consent in writing to the grant of the licence, the licence shall remain in force only during the continuance in occupation of that occupier.

(4)Where a shell-fish fishery licence is granted with the consent in writing of any owner or occupier and a period is named in the consent, the licence shall remain in force only for that period.

(5)Subject to[F235 subsections (5A) and (6)], a shell-fish fishery licence may be varied by the Department—

(a)on the Department's own motion, after consultation with the licensee, within 10 years from the date on which the licence was granted (but not so as to extend the licensed area); or

(b)on the application of the licensee at any time;

and where an application is made under paragraph ( b) for the variation of a licence (otherwise than solely by reducing the licensed area) sections 131(2) to (5) and 132 shall apply as they apply to the grant, or an application for the grant, of a licence.

[F235(5A)Where the Department varies a licence under subsection (5)(a)—

(a)the Department shall give to the applicant a written notification of the reasons for the variation; and

(b)the applicant may, within 28 days from the day on which such notification is given, appeal to the Appeals Commission.]

(6)A shell-fish fishery licence shall not be varied so as to affect any conditions or limitations subject to which a consent under section 131(4) was given, or any period named in such a consent, otherwise than with the consent in writing of the person or authority who gave the consent or his or its successor in title.

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134Publication of shell-fish fishery licence.N.I.

The Department, when it grants a shell-fish fishery licence, shall cause notice of the grant to be published, at the licensee's expense, in the Belfast Gazette and in such two or more newspapers as the Department considers appropriate.

135Effect of shell-fish fishery licence.N.I.

(1)A shell-fish fishery licence shall confer on the licensee a right of several fishery in the licensed area in relation to shell-fish of any kind specified in the licence.

(2)Without prejudice to subsection (1), a shell-fish fishery licence shall confer on the licensee within the licensed area the exclusive right of depositing, propagating, dredging, fishing for, and taking shell-fish of any kind specified in the licence and, in exercise of that right, the right—

(a)to establish and maintain suitable living conditions for shell-fish of that kind;

(b)notwithstanding any regulations under section 124(2)( c) and notwithstanding section 127(1) and (1A), at any season to collect shell-fish of that kind and remove them from place to place within the licensed area or to another licensed area and to deposit them as and where he thinks fit;

(c)to do all other things which he thinks proper for obtaining, storing and disposing of the produce of the fishery or for the regulation of the fishery.

(3)To the extent to which—

(a)arrangements made between the licensee and the Secretary of State; and

(b)where the licence was granted with the consent of the Crown Estate Commissioners, arrangements made between the licensee and the Commissioners,

allow, and subject to compliance by the licensee with the terms and conditions of the arrangements, a shell-fish fishery licence shall confer on the licensee within so much of the licensed area as consists of bed of the sea or an estuary, foreshore and (in the case of the Secretary of State) land contiguous to the foreshore and immediately below the level of mean high water springs the right, in exercise of the right mentioned in subsection (2), to moor, deposit, transport or erect such rafts, trays or other structures or devices as are necessary for or reasonably incidental to the culture of shell-fish of a kind specified in the licence.

(4)A shell-fish fishery licence shall not,—

(a)except for the purpose of the culture of shell-fish of a kind specified in the licence, affect any right in or over the foreshore or the bed of the sea or any estuary, or any right of several fishery;

(b)for any purpose, affect any such right of any person which he enjoys under a local or personal Act or under Royal Charter, letters patent, prescription or immemorial usage, without the consent of that person.

(5)Subject to subsection (4), every shell-fish fishery licence shall be binding on the Crown and on all persons whomsoever, and shall operate to vest in the licensee, his executors, administrators and assigns such rights as are given by the licence, free from all prior or other estates.

136Offences with respect to licensed shell-fish fishery.N.I.

(1)If any person other than the licensee or a person employed by him knowingly does within the licensed area any of the following things—

(a)uses any implement, except a fishing engine constructed or adapted solely for catching free swimming fish and so used as not to disturb or injure in any manner the fishery or any shell-fish in it; or

(b)dredges for any ballast or substance except under lawful authority for improving the navigation; or

(c)deposits any stone, ballast, rubbish or substance; or

(d)without prejudice to paragraph ( e), places any implement, apparatus, material, substance or thing that is prejudicial or likely to be prejudicial to the fishery or any shell-fish, except for a lawful purpose of navigation or anchorage; or

(e)where the limits of the area or any part of it are buoyed or otherwise marked with the consent in writing of the Secretary of State, beaches any vessel within those limits otherwise than because of actual or apprehended damage to the vessel, under stress of weather or with the consent in writing of the licensee; or

(f)disturbs or injures in any manner, except as permitted by virtue of paragraph ( d) or ( e), the fishery or any shell-fish in it; or

(g)damages or interferes with any raft, tray or other structure or device moored, erected or deposited by the licensee or any predecessor of his; or

(h)interferes with or takes away any shell-fish from the fishery without the consent in writing of the licensee,

he shall be guilty of an offence.

(2)Without prejudice to[F236 Article 14 of the Criminal Justice (Northern Ireland) Order 1994] (compensation orders against convicted persons), where a person does any act in contravention of subsection (1), then, whether he has or has not been prosecuted for or convicted of an offence under that subsection, he shall be liable to compensate the licensee for all damage sustained by the licensee by reason of that act, and such compensation shall be recoverable by the licensee by action in any court of competent jurisdiction.

(3)For the purpose of subsection (1)(e) a document purporting to certify that any limits were buoyed or otherwise marked with the consent of the Secretary of State, to give particulars of the buoys or markers authorised in the document conveying the consent, and to be signed on behalf of the Secretary of State shall be received as evidence of the matters stated in it.

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137Suspension or revocation of shell-fish fishery licence.N.I.

(1)Without prejudice to subsection (2), a shell-fish fishery licence may be suspended or revoked in accordance with the provisions of Schedule 1; and in the application of those provisions for the purposes of this section “licence” shall mean a shell-fish fishery licence.

(2)Notwithstanding that there has not been, in relation to a shell-fish fishery licence, any contravention such as is mentioned in paragraph 1 of Schedule 1, the Department may suspend or revoke such a licence when it suspends or, as the case may be, revokes a fish culture licence held by the licensee in respect of any place at which the area specified in the shell-fish fishery licence is situated; but, where the revocation of the fish culture licence is annulled by the county court on an appeal under paragraph 6 of Schedule 1, the shell-fish fishery licence shall be revived.

(3)Upon the revocation of a shell-fish fishery licence, all rights conferred by the licence shall absolutely determine, but they shall revive if the licence is revived under subsection (2).

(4)When a shell-fish fishery licence is revoked the Department shall—

(a)cause notice of the revocation to be published in the Belfast Gazette; and

(b)notify the revocation to the Secretary of State, and also to the Crown Estate Commissioners where the licence was granted with their consent.]

Ss. 138‐159. The substituted Part IX comprises sections 131‐137 only

[F237PART IXAN.I.MARINE FISH FISHERY LICENCES

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137AMarine fish fishery licences.N.I.

(1)Where the Department grants to any person a fish culture licence under section 11 authorising the operation of a fish farm for the culture of any species of marine fish at a place specified in the licence, the Department may, in accordance with this section, grant to that person a further licence (a "marine fish fishery licence") conferring on him the exclusive right of cultivating marine fish of that species within any area specified in the marine fish fishery licence ("the licensed area") which is at that place.

(2)Sections 131 to 137 shall apply to marine fish fishery licences subject to the following modifications—

(a)subject to paragraphs (b) to (d)—

(i)any reference to a shell-fish fishery licence shall be construed as a reference to a marine fish fishery licence;

(ii)any reference to shell-fish shall be construed as a reference to marine fish of the species specified in the licence;

(b)in section 131—

(i)subsection (1) shall be omitted, and

(ii)in subsection (3) for the words “fishing for shell-fish” there shall be substituted the words “ fishing for marine fish of any kind or for shell-fish ”;

(c)in section 135—

(i)in subsection (2) for the words “depositing, propagating, dredging” there shall be substituted the words “ introducing, propagating, harvesting ”, and

(ii)in paragraph (b) of that subsection for the word “deposit” there shall be substituted the word “ introduce ”; and

(d)in section 136(1), for paragraph (a) there shall be substituted the following paragraph—

(a)uses any implement to catch fish of any kind; or

(3)In this section “marine fish” means fish of any kind found in the sea, but does not include shell-fish.]]

PART XN.I.MISCELLANEOUS OFFENCES

160Obstructing persons lawfully fishing.N.I.

If any person unlawfully obstructs any person lawfully engaged in fishing or in proceeding to or in returning from lawful fishing, such first-mentioned person shall be guilty of an offence.

161Placing fishing engine with intent to prevent fish entering any other fishing engine lawfully set.N.I.

If any person wilfully and maliciously places any fishing engine with intent to prevent fish from entering the fishing engine of any other person set and placed in a lawful manner, such first-mentioned person shall be guilty of an offence.

162Taking or using boats without permission.N.I.

If any person, without the permission of the owner thereof, removes, takes, uses or employs any boat he shall be guilty of an offence.

163Names of owners to be painted on fishing boats.N.I.

(1)Every boat used for fishing, other than a fishing boat excepted from the application of this section by subsection (3), shall have upon some conspicuous place thereof the name of the owner, or of one of the owners where more than one, and of his place of residence, painted in clear legible characters or letters of not less than[F238 5 centimetres] in length.

(2)If, in respect of any boat to which this section applies the provisions of subsection (1) are not complied with, the owner of the boat or any person using it shall be guilty of an offence.

(3)This section shall not apply to any fishing boat registered under[F239 the[F240 Part II of the Merchant Shipping Act 1995]] or to any boat which, so far as it is used for fishing, is used solely for catching fish otherwise than for profit.

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F238SR 1983/100

164Unauthorised entry on several fishery.N.I.

If any person without authority from the owner or occupier enters into or upon a several fishery for the purpose of fishing, or kills or takes any fish therein, he shall be guilty of an offence.

165Unauthorised fishing in private ponds.N.I.

If any person kills, takes or destroys any fish in any pond, private canal or reservoir without the authority of the owner of such pond, private canal or reservoir, he shall be guilty of an offence.

PART XIN.I.AUTHORISED PERSONS

N.I.Definitions

166Definitions for purposes of Part XI.N.I.

(1)In this Part—

  • “authorised person” means[F241 (except where otherwise provided)] a person being—

    (a)

    a member of the Royal Ulster Constabulary, or

    (b)

    an officer appointed by the Ministry, or

    (c)

    F242. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    (d)

    a private water bailiff;

  • F243. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • Definition rep. by 1981 NI 7

(2)In sections 174 to 177, 179, 184 and 185 the expression “authorised person” includes—

(a)any British sea-fishery officer, F244

Para.(b) rep. by 1981 NI 7

(3)In subsection (2) “British sea-fishery officer” means [F245 any person who is such an officer for the purposes of the Sea Fisheries Acts (as defined by section 19(1) of the Sea Fisheries Act 1968 [1968 c.77] ).]

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N.I.Provisions with respect to particular classes of authorised persons

167Amendment of 1836 c.13 s.15, as to purposes for which members of the Royal Ulster Constabulary may be employed.N.I.

(1)Subject to subsection (2), any member of the Royal Ulster Constabulary may enforce the provisions of this Act or of any instrument made under this Act,F246. . . .

(2)SaveF246. . . where forcible resistance is actually made and is proved by information on oath), no member of the Royal Ulster Constabulary shall enter upon any lands or waters for the purpose of enforcing the fishing rights of any owner or occupier thereof, or of any person in whom fishing rights are vested.

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168Restriction on powers of officers of [F247the Department] .N.I.

(1)Subject to subsection (2), an officer of [F248the Department] shall not enter upon any lands or waters for the purpose of enforcing the fishing rights of any owner or occupier thereof, or of any person in whom fishing rights are vested.

(2)Subsection (1) shall not apply in any case where the fishing rights in question are rights of the Ministry[F249 or rights of an owner or occupier of land or waters with whom [F248the Department] has entered into an agreement under [F250section 25(2)(c)]].

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Modifications etc. (not altering text)

S.169 rep. by 1981 NI 7

170Appointment, etc., of private water bailiffs.N.I.

(1)Any of the following persons, namely,

(a)any person who by virtue of any fishing rights in any lake or river has an interest in the preservation of the fish therein; or

(b)any persons who have united themselves into a society for the preservation of any fishery in any lake or river; or

(c)the owner of any salmon fishery on the sea coast [F251; or

(d)the licensee under a shell-fish fishery licence; or

(e)any licensees under such licences who have united themselves into a society for the protection of their shell-fish fisheries;]

may by instrument in writing in the form set out in Schedule 5 appoint any person (other than a person disqualified under subsection (7)) to be a private water bailiff for the protection of the fisheries in any such lake or river or the tributaries thereof, or on such part of the sea coast [F251 or for the protection of that shell-fish fishery or those shell-fish fisheries.]

(2)A person appointed to be a private water bailiff shall not act in that capacity until his appointment is confirmed by a court of summary jurisdiction sitting for the petty sessions district (or any one such district where there are more than one) within which the private water bailiff is appointed to act.

(3)A person making application under subsection (2) for confirmation of the appointment of a person as a private water bailiff shall, not less than fourteen days before the date of the hearing of the application, give notice in writing of the application to F252. . . [F253F252. . . the Department, and F252. . . ] [F251 the Department] shall be entitled to appear before the court, be heard and adduce evidence on the hearing of the application, and may do so by [F254 one of its officers] or by solicitor or counsel.

(4)The confirmation of the appointment of a person as a private water bailiff shall be effected by the resident magistrate endorsing the instrument of appointment.

(5)Where a court of summary jurisdiction has confirmed the appointment of a person to act as a private water bailiff within the petty sessions district for which the court sits or within any such districts of which that district is one, the court upon complaint made to it, may revoke the appointment, and thereupon the appointment shall be terminated.

[F253(5A)Where a person who has appointed a private water bailiff revokes that appointment, that person shall, within 14 days of the revocation, serve written notice thereof on the clerk of petty sessions for the petty sessions district in which the court by which the appointment was confirmed, sits.]

[F253(6)Where—

(a)the appointment of a person as a private water bailiff has been confirmed under subsection (4) or revoked under subsection (5), or

(b)notice of the revocation of such an appointment has been received under subsection (5A),

the clerk of the court shall notify the Department F255. . . of such confirmation or revocation or, as the case may be, such notice, as soon as practicable.]

(7)F256. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F253(7A)Any person or society mentioned in paragraphs (a) to (e) of subsection (1) who employs any person to act as a private water bailiff shall, before 31st January in each year, make to [F257the Department] a return in such form and containing such information as may be prescribed by [F258regulations] .

(7B)[F257The Department] shall maintain a register of the names and addresses of those who are entitled to act as private water bailiffs.

(7C)F259. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(8)If any person—

(a)acts as a private water bailiff without having his appointment confirmed under subsection (4); or

(b)so acts after his appointment has been revoked either by a court under subsection (5) or by his employer;[F253 or]

[F253(c)fails to serve written notice under subsection (5A) within the time specified in that subsection; or

(d)fails to make a return to [F257the Department] under subsection (7A) by the date specified in that subsection;]

he shall be guilty of an offence [F260 and shall be liable on summary conviction to a fine not exceeding £200].

(9)The powers conferred by this Part on a private water bailiff shall be exercisable only for the protection of the fishery specified in his instrument of appointment.

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[F261170ADuration of appointments of private water bailiffs.N.I.

(1)Any person whose appointment as a private water bailiff is confirmed after the coming into operation of Article 25 of the Fisheries (Amendment) (Northern Ireland) Order 1991 shall, unless his appointment is renewed in accordance with Schedule 5A, cease to be a private water bailiff on the expiration of the period of 5 years from the date of that confirmation.

(2)Any person whose appointment as a private water bailiff was confirmed before the coming into operation of that Article of that Order shall, unless his appointment is renewed in accordance with Schedule 5A, cease to be a private water bailiff either—

(a)on the expiration of the period of 5 years from the date of that confirmation, or

(b)on the expiration of the period of 1 year from the date of the coming into operation of that Article of that Order,

whichever period is longer.

(3)In subsections (5), (5A), (6) and (8) of section 170 references (in whatever terms) to a person's appointment as a private water bailiff shall be construed as including references to the renewal of his appointment as such.

(4)Nothing in this section shall preclude the re-appointment under section 170 of a person who ceases, by virtue of subsection (1) or (2), to be a private water bailiff.]

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171Warrant for exercise of powers.N.I.

The production by an officer of [F262the Department] or a private water bailiff of the instrument of his appointment shall be a sufficient warrant for his exercising the authority conferred on him by this Part, but the production of that instrument shall not be necessary unless he has been first required to produce it.

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N.I.Powers

172 F263General powers of authorised persons.N.I.

(1)An authorised person may, for the purposes of the protection of the fisheries, at any time—

(a)enter into and pass through or along [F264 or remain on] the banks or borders of any lakes or rivers or of the tributaries thereof;

(b)with boats or otherwise, enter upon any such lakes or rivers;

(c)enter upon and examine all weirs, sluices, mill dams, fish passes, mill races and watercourses communicating with such lakes or rivers, and pass along the same;

(d)stop, enter and search any boat which has been or is engaged or is about to engage in fishing;

(e)examine all standing, floating or other nets whatsoever;

(f)examine all fish and all fishing engines found in any place which by this Act he is authorised to enter, and for that purpose open any package found in such place and containing or suspected of containing any fish or fishing engine;

(g)seize any unlawful fishing engine or any lawful fishing engine which is being unlawfully used;

(h)seize any fish in the possession of a person found or suspected of committing an offence under any statutory provision relating to fisheries or any fish which have been or are suspected of having been unlawfully captured;

(i)seize any other thing whatsoever by means of, or in relation to, which an offence under any provision of this Act has been or is suspected of having been committed;

(j)do all such other acts and things as he is authorised to do under this Act.

[F265(1A)Without prejudice to subsection (1)(a), an authorised person other than a private water bailiff may for the purpose of preventing or detecting the commission of an offence against any provision of this Act at any time enter on and traverse any land either on foot or, where there is a suitable roadway, lane or path, in a motor vehicle.

(1B)Where, by virtue of subsection (1A), an authorised person brings a motor vehicle onto any land, he shall not cause or permit that vehicle to stand or remain in such a position as to cause or be likely to cause any danger or obstruction.

(1C)An authorised person, on leaving any land which he has entered by virtue of this section, shall leave that land as effectually secured against trespassers as he found it.]

(2)Nothing in this section shall be construed as authorising any person to enter any enclosed garden or any dwelling house or the curtilage thereof except where the ordinary road or passage to any weir, dam or dyke traverses such garden or curtilage.

(3)In this section, “suspected” means suspected on reasonable grounds.

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173Power of justice of the peace to grant warrant to enter certain places.N.I.

(1)Where upon a sworn complaint in writing it appears to any justice of the peace that there are reasonable grounds for believing that a breach of the provisions of this Act or any regulation F266. . . made thereunder has been committed within any enclosed garden or any dwelling house or the curtilage thereof, he may by warrant under his hand empower an authorised person to enter that garden or dwelling house or the curtilage thereof[F267 if need be using such force as is reasonable in the circumstances].

(2)A warrant under this section shall not continue in force for more than seven days from the date thereof[F267 and may, except where a specific time for execution is mentioned in the warrant, be executed at any reasonable time].

[F267(3)A person authorised to enter premises by virtue of a warrant issued under this section—

(a)may take with him such other authorised persons and such equipment he considers may be necessary; and

(b)shall, on leaving any unoccupied premises which he has entered by virtue of such a warrant, leave them as effectually secured against trespassers as he found them.

(4)In this section “authorised person” does not include a private water bailiff.]

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174Boarding and examination of fishing boats.N.I.

(1)Any authorised person to whom this section applies may do, with respect to any boat [F268 which is or has been] employed in fishing, all or any of the following things—

(a)board the boat;

F268[(aa)require the attendance of the master and of any other persons who are or have been on board the boat and require all such persons to do anything which appears to him to be necessary for facilitating the performance of his functions;]

(b)examine the certificate of registration or other official papers and the fishing engines of the boat [F268 (including any fishing gear appurtenant to or used in association with any such engine)], and ascertain whether the provisions of this Act or any instrument made thereunder have been complied with and whether the master and other persons [F269 are or have been carrying on fishing in contravention of any statutory provision];

(c)seize any unlawful fishing engine or any lawful fishing engine [F268 which is being, or is reasonably suspected of having been,] unlawfully used and any fishing gear appurtenant to or used in association with any such engine.

[F270(1A)Any authorised person to whom this section applies may, for the purpose of enforcing regulations made under section 124, do all or any of the following things with respect to any vehicle or equipment which is or has been employed in fishing—

(a)enter in or on the vehicle or equipment;

(b)require the attendance of the person in charge of, and any other persons in or on or using, the vehicle or equipment and require all such persons to do anything which appears to him to be necessary for facilitating the performance of his functions;

(c)in relation to any vehicle, examine—

(i)any fish in or on the vehicle;

(ii)any apparatus on the vehicle, including any fishing engine and any fishing gear used in association with any such engine;

(iii)any document relating to the vehicle;

(d)in relation to any equipment, examine that equipment and any fish in or on the equipment;

(e)seize—

(i)any vehicle or equipment which is being, or is reasonably suspected of having been, used in the commission of an offence under any regulation made under section 124;

(ii)any fish in respect of which an offence is being, or is reasonably suspected of having been, committed under any regulation made under section 124.]

(2)If the master of a fishing boat refuses to produce the certificate of registration or other papers of the boat when required to do so by any person acting under subsection (1), [F269 or if he or any other person who is or has been on board the boat refuses without reasonable excuse to attend upon the authorised person or to do anything which the authorised person requires him to do for facilitating the performance of his functions, he or, as the case may be, that other person] shall be guilty of an offence [F271 and shall be liable on summary conviction to a fine not exceeding £1,000].

(3)This section applies to the following authorised persons, that is to say—

(a)a member of the Royal Ulster Constabulary;

(b)an officer appointed by the Ministry;

(c)a person to whom section 166(2) applies.

(4)In this section “certificate of registration” includes any certificate issued under section [F269 124(2)( a)], and any certificate issued with respect to a boat registered under[F272 the[F273 Part II of the Merchant Shipping Act 1995]].

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175Detention of sea-fishing boats, etc.N.I.

[F274(1)]Any authorised person, being a person to whom section 166(2) applies or an officer appointed by the Ministry, may, in any case where it appears to him that a person has committed an offence under any provision of this Act relating to sea-fishing or the taking of salmon in the sea, without summons, warrant or other process, both take that person and the boat to which he belongs and the crew thereof to the [F275 port which appears to him to be the nearest convenient port, or require that person to take it and them there,] and bring him or them as soon as practicable before a competent court, and in the meantime detain him, it and them in the port until the alleged offence has been inquired into or adjudicated upon by such court.

[F274(2)Where it appears to an officer of [F276the Department] that a person has committed an offence under any provision of this Act relating to the taking of salmon in the sea, that officer may exercise the powers conferred on an authorised person by subsection (1).]

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176 F277Apprehension of offenders.N.I.

(1)If any person (in this section referred to as [F278 “the alleged offender” ]) is found offending against any provision of this Act,—

(a)an authorised person may require [F278 the alleged offender] to desist from the offence and to give his name and address; and

(b)if [F278 the alleged offender]—

F279[(i)]after being so required, wilfully continues the offence or refuses or fails to give his name and address[F280 to the satisfaction of the authorised person] [F279, or

(ii)resides outside the United Kingdom,]

the authorised person and any person acting under his directions may apprehend the [F278 alleged offender.]

(2)Where [F278 the alleged offender] is apprehended under this section by an authorised person who is not a member of the Royal Ulster Constabulary that person shall forthwith deliver [F278 the alleged offender] into the custody of a member of the Royal Ulster Constabulary to be dealt with according to law.

F279[(2A)Where the alleged offender resides outside the United Kingdom he may be detained by a member of the Royal Ulster Constabulary until a summons charging him with the relevant offence has been served upon him, and after the service of the summons he may be further detained until he enters into a recognizance, with such sureties or other security as, subject to subsection (2B), the justice of the peace or other person before whom the recognizance is entered into thinks fit, conditioned for his appearance at the time and place stated in the summons; and any such summons may, notwithstanding anything in section 7 of the Sunday Observance Act (Ireland), 1695 [1695 c.17] , be served on a Sunday.

(2B)The amount in which any party to a recognizance taken under subsection (2A) is bound, or the amount of any security required to be deposited under that subsection in lieu of sureties, shall not be greater than the amount of any fine which could be imposed on the alleged offender if he were convicted of the relevant offence.]

(3)In this section the expression “authorised person” includes any person who by virtue of any fishing rights exercisable by him has an interest in the fishery in which the relevant offence is committed.

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177Powers in relation to fishing engines, etc.N.I.

Without prejudice to any other provision of this Act, where an authorised person finds—

(a)during the annual close season for salmon and trout or the weekly close time—

(i)any passage in any fishing engine or contrivance closed or obstructed; or

(ii)any fishing engine or any contrivance whatsoever placed or used in contravention of this Act or any instrument made thereunder; or

(b)at any time, any obstruction other than an obstruction authorised by a licence granted under section 84(1) in the free gap of a fishing weir or in a fish pass; or

(c)at any time, any obstruction in the waste gate appurtenant to any mill or factory when such waste gate is required by law to be open,

he may open such passages and remove such obstructions, doing no unnecessary damage, and seize and remove all things so found or used contrary to the provisions of this Act or any instrument made thereunder.

178 F281Powers of inspection, examination and detention.N.I.

(1)Every person (in this section referred to as an “authorised officer” ) being an officer of the Ministry authorised by the Ministry to exercise the powers conferred by this section, or a member of the Royal Ulster Constabulary F282. . . , is hereby authorised to do all or any of the following things—

(a)to stop and search any person, conveying or suspected of conveying fish of any kind, or any instrument, poison, explosive or thing used or adapted for taking fish unlawfully and to [F283 examine] any fish, instrument or substance which that person is found to be conveying, and for that purpose to open and search any vehicle or package in which any fish, instrument or substance is or is suspected of being conveyed;

(b)at all reasonable times to enter upon and have free access to the interior of[F284 and, where he suspects that an offence under any provision of the Act is being, or has been, committed, to carry out a search of]

(i)any premises in which fish is or is believed to be sold, or kept or exposed for sale or stored; or

(ii)any premises in which any instrument or substance intended for the destruction of fish is or is believed to be kept; or

(iii)the premises of any person engaged in the business of carrying goods for reward; or

(iv)any aerodrome, pier, quay, wharf, jetty or dock or premises thereon; or

(v)any aircraft, boat, railway wagon, motor lorry, cart, or other vessel or vehicle of whatever kind used for the conveyance of goods; or

(vi)any hotel, guest house, restaurant or other premises or place at which board and lodging or meals are provided for reward;

(c)to examine all fish found in any place which he is authorised by this section to enter, and for that purpose to open any package found in such place and containing or suspected of containing fish;

(d)to stop, enter, and search, on any waters, or the banks thereof, any boat used or suspected of being used for fishing or containing or suspected of containing fish unlawfully captured, and to examine all fish and all fishing engines or fishing gear found therein, and for that purpose to open any package which contains or is suspected of containing any fish or fishing engine or fishing gear;

(e)to take, remove, and detain in his custody any fish (either together with or without any package in which the same may be contained) found in the course of the exercise of any of the powers conferred by this section in respect of which an offence under this Act is being or is suspected of being committed, or which have been or are suspected of having been unlawfully captured [F285 or which are, or are believed to be, liable to forfeiture under this Act];

(f)to take, remove, and detain in his custody any fishing engine, boat, vehicle or thing liable or believed to be liable to forfeiture under this Act;

(g)to demand and take the name and address of the person having custody of any fish or other article which the authorised officer is authorised under this section to examine[F284, to demand the age of such a person who is apparently under the age of 18], and also to demand and take from such person the name and address of the owner of such fish or other article.

[F284(h)to demand and take the name and address of any person who is fishing or whom he suspects to be about to fish or to have fished within the preceding half hour and to demand the age of such a person who is apparently under the age of 18.]

(2)Where an authorised officer detains in his custody under the authority of this section any particular thing, he shall as soon as conveniently may be take such steps as may be proper to have the person guilty, or suspected to be guilty, of the offence committed or suspected to have been committed in relation to that thing dealt with according to law.

(3)A person who refuses or fails to give his own name and address[F284 to the satisfaction of the authorised officer] or the name and address (so far as known to him) of any other person, when lawfully demanded under this section, shall be guilty of an offence [F286 and shall be liable on summary conviction—

(a)except in a case such as is mentioned in paragraph ( b), to a fine not exceeding £1,000;

(b)where the person charged with the offence satisfies the court that any fish in connection with which the offence was committed were sea-fish taken only by rod and line or that any other article in connection with which the offence was committed was used, or (having regard to the circumstances of the offence) was capable of being used, only in connection with fishing for sea-fish by rod and line, to a fine not exceeding £200].

(4)This section shall not authorise entry into any premises which are used exclusively as a private dwelling.

(5)In this section “believed” and “suspected” mean respectively believed on reasonable grounds and suspected on reasonable grounds.

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179Persons using, etc., fishing engines to produce fishing licence therefor on demand.N.I.

(1)If any person using [F287 at any place] a fishing engine for which a licence is required under this Act, or having such a fishing engine erected or in fishing order …F288 in his possession in or near any fishing place …F288 fails on demand to produce to an authorised person a fishing licence [F289 by or by virtue of which he is authorised to use that fishing engine at that place], he shall be guilty of an offence.

(2)Where a person is charged with an offence under this section consisting of a failure to produce a fishing licence for a fishing engine to which subsection (1) applies, being a fishing engine in his possession, it shall be a good defence to prove that he had the fishing engine in his possession as a manufacturer or seller thereof and not for the purpose of using it.

(3)A person shall not be charged with an offence under this section consisting of a failure to produce a fishing licence for a fishing engine in any of the circumstances referred to in subsection (1) if upon demand being made by an authorised person for the production of a fishing licence under that subsection, the first-mentioned person—

(a)then and there gives to the authorised person his name and address and any evidence of his identity then available and also gives a reasonable explanation of his failure to produce the fishing licence at that time; and

(b)[F290within five days] thereafter, and in accordance with any reasonable requirement then communicated to him by the authorised person, produces to the authorised person or to any other person designated by him—

(i)a [F291fishing licence] authorising the first-mentioned person to use the fishing engine at that place and time [F287 or, if the fishing engine is a rod and line which he was using to fish for fish of any kind, and by reason of his age he was at that time exempted by [F292regulations] made under section 37( f) from the requirement to hold a fishing licence for a rod and line to fish for fish of that kind, evidence of his age]; and

(ii)evidence of the identity of the first-mentioned person.

F287[(4)A person who is guilty of an offence under subsection (1) by reason of a contravention of that subsection which consists only of the use or possession of a rod and line shall be liable on summary conviction to a fine not exceeding [F293 £200.]]

[F294(5)In this section “fishing licence” means a fishing licence issued under Part III or a fishing licence issued by the Foyle, Carlingford and Irish Lights Commission under regulations made by the Commission under the Foyle Fisheries Act (Northern Ireland) 1952.]

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[F295179AProduction of permits issued under section 7A.N.I.

(1)If any person—

(a)using at any waters the fishing rights in which are owned by the Department a fishing engine for which a permit is required under section 7A, or

(b)having such a fishing engine erected or in fishing order in his possession in or near such a place,

fails on demand to produce to an authorised person a permit by or by virtue of which he is authorised to use that fishing engine in those waters, he shall be guilty of an offence.

(2)Subsections (2) to (4) of section 179 shall apply in relation to an offence under subsection (1) in the same manner as those provisions apply to an offence under subsection (1) of that section, but with the omission from subsection (3)(b)(i) of that section of the words “by [F296regulations] made under section 37(1)(f)”.

(3)In this section “authorised person” means—

(a)an officer appointed by the Department, F297. . .

(b)F297. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

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180Procedure for disposal of boat or fishing engine seized in certain cases.N.I.

Where a persons in exercise of powers conferred on him by this Act, seizes any boat (other than a sea-fishing boat)[F298, fishing engine, vehicle or equipment] and no other person is charged with an offence under any provision of this Act in relation thereto, the first-mentioned person shall, as soon as may be, apply to a court of summary jurisdiction sitting for the petty sessions district in which the boat[F298, fishing engine, vehicle or equipment], as the case may be, was seized for an order for its disposal under this section, and thereupon the following provisions shall have effect:—

(a)if, in the case of a boat[F298 or a vehicle or equipment], the court finds that, at the time of its seizure,[F298 the boat, vehicle or equipment] had been, was being, or was about to be, used for a purpose which under this Act[F298 or any regulation made under section 124] is unlawful, the court shall order it to be forfeited;

(b)if, in the case of a fishing engine, the court finds that it is a fishing engine the use of which is prohibited by law, the court shall order it to be forfeited and destroyed;

(c)if, in the case of a fishing engine, the court finds that it is a lawful fishing engine which at the time of its seizure had been, was being or was about to be, unlawfully used, the court shall order it to be forfeited;

(d)in any other case, the court shall order the boat[F298, fishing engine, vehicle or equipment] to be returned to the person who appears to the court to be the owner thereof;

and where any fishing engine is forfeited in pursuance of this section any fishing gear appurtenant to or used for the purposes of that fishing engine which has been seized in the exercise of any power conferred by this Act shall also be forfeited.