The Fisheries (Amendment) (Northern Ireland) Order 1991

The Fisheries Act (Northern Ireland) 1966 (c. 17)

1.  In section 26(2) (restriction of the Board’s power to make byelaws), at the beginning insert “Except in relation to registers to be kept under section 120,”.

2.  In section 83(1) (offence of fishing in or near or obstructing free gap), in paragraph (b) for the words “fifty yards” substitute “45.5 metres”.

3.  In section 88(2) (persons excluded in relation to offence of taking salmon or trout unlawfully killed or found dead), after paragraph (f) add the following—

“or

(g) any private water bailiff appointed to protect those waters.”.

4.  In section 112 (restriction on purchase of salmon, trout and eels)—

(a) in subsection (2)(bb) after “statement” insert “and keeps it at the premises in which he carries on the business”; and

(b) in subsection (6), for paragraph (c) substitute—

“(c) an inspector or fishery conservation officer appointed by the Board.”.

5.  In sections 114 and 115 (granting and renewal of licences), in paragraph (b) of subsection (1) of each section, for the words from “of” to “other fee” substitute “of such amount”.

6.  In section 132(2) (procedure relating to applications for shell-fish fishery licences)—

(a) in sub-paragraph (ii) of paragraph (a) for the words “as to the expediency of granting the licence” substitute “by the Appeals Commission for the purpose of considering those objections”;

(b) omit sub-paragraph (iii) of that paragraph and the word “and” immediately preceding that sub-paragraph;

(c) omit paragraph (b);

(d) in paragraph (c) for the words from “it shall” onwards substitute—

“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.”.

7.  In section 133 (form, conditions, duration and variation of shell-fish fishery licences)—

(a) in subsection (5) for the words “subsection (6)” substitute “subsections (5A) and (6)”; and

(b) after that subsection insert the following subsection—

“(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.”.

8.  In section 166(1) (definitions for the purposes of Part IX)—

(a) in the definition of “authorised person” after the word “means” insert the words “(except where otherwise provided)”; and

(b) in the definition of “officer of the Board” after the word “means” insert the words “the Chief Executive of the Board or,”.

9.  In section 168 (restriction on powers of officers of the Board to enter on lands or waters), at the end of subsection (2) add the following words “or rights of an owner or occupier of land or waters with whom the Board has entered into an agreement under section 25(3)(cc)”.

10.  In section 200 (forfeiture of licences), in subsection (5) omit the words from “and, notwithstanding” onwards.

11.  In section 206 (general interpretation)—

(a) in subsection (1)—

(i) insert the following definition at the appropriate place in alphabetical order—

• ““the Appeals Commission” has the meaning given in section 11A(3);”, and

(ii) in paragraph (b) of the definition of “fixed engine”, at the end add the words “or a handline”; and

(b) in subsection (5) for the words from “dried” onwards substitute the words “preserved by drying, smoking, cooking or canning”.

12.  In Schedule 5 at the end add the words “This appointment expires on the [] day of []”.