Fisheries Act (Northern Ireland) 1966

N.I. Regulations

F1 [124 Sea-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[F2 in Northern Ireland inshore waters or] in[F3 the Northern Ireland zone].

[F4 (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;

[F2 (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.

[F2 (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.]

[F2 (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.]

F1 1981 NI 7

F2 2001 c. 4 (NI)

F3 SI 2002/790

F4 S. 124(1A) inserted (1.6.2008) 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(10) (with art. 32); S.R. 2008/232, art. 2, Sch.

S.125 rep. by 1981 NI 7

F5 [126 Landing 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.]

F5 1981 NI 7