Fisheries Act (Northern Ireland) 1966

N.I. [F1 Functions of the Department of Culture, Arts and Leisure]

F1 Ss. 25, 26 and preceding cross-heading substituted (1.6.2009) by Public Authorities (Reform) Act (Northern Ireland) 2009 (c. 3), ss. 1(3)(b), 7(1), Sch. 1 Pt. 2 para. 3(7) (with Sch. 1 Pt. 1 para. 4(3)); S.R. 2009/172, art. 2(b)

[F2 25 Functions of the Department N.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.]

F2 Ss. 25, 26 and preceding cross-heading substituted (1.6.2009) by Public Authorities (Reform) Act (Northern Ireland) 2009 (c. 3), ss. 1(3)(b), 7(1), Sch. 1 Pt. 2 para. 3(7) (with Sch. 1 Pt. 1 para. 4(3)); S.R. 2009/172, art. 2(a)(b)

[F3 26 Regulations N.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;

[F4 (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.]

F3 Ss. 25, 26 and preceding cross-heading substituted (1.6.2009) by Public Authorities (Reform) Act (Northern Ireland) 2009 (c. 3), ss. 1(3)(b), 7(1), Sch. 1 Pt. 2 para. 3(7) (with Sch. 1 Pt. 1 para. 4(3)); S.R. 2009/172, art. 2(a)(b)

F4 S. 26(1)(jj) inserted (17.9.2012) by Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 (S.I. 2007/915 (N.I. 9)), arts. 1(3), 34(1), Sch. 2 para. 2(5) (with art. 32); S.R. 2012/336, art. 2