Fisheries Act (Northern Ireland) 1966

37 Power to make [F1 regulations] respecting fishing licences. N.I.

[F2 (1)] [F3 Regulations] made by [F4 the 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 [F3 regulations] ;

(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[F5 persons of such class or description as is specified in the [F3 regulations]];

[F2 (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 [F6 a magistrates' court] against the revocation by [F4 the Department] of, or the refusal of [F4 the 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 [F3 regulations] , 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.

[F2 (2) Nothing in [F3 regulations] 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 [F3 regulations], and

• “fish” does not include eels.]

F1 S. 37 heading: word in Act 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(1)(c) (with Sch. 1 Pt. 1 para. 4(3)); S.R. 2009/172, art. 2(a)(b)

F2 1991 NI 13

F3 S. 37: word in Act 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(1)(c) (with Sch. 1 Pt. 1 para. 4(3)); S.R. 2009/172, art. 2(a)(b)

F4 S. 37(1): words in Act 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(1)(a) (with Sch. 1 Pt. 1 para. 4(3)); S.R. 2009/172, art. 2(a)(b)

F5 2001 c. 4 (NI)

F6 Words in s. 37(1)(e) 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(9) (with Sch. 1 Pt. 1 para. 4(3)); S.R. 2009/172, art. 2(a)(b)