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The Foyle and Carlingford Fisheries (Northern Ireland) Order 2007

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Exemption for acts done for improvement of fisheries, etc.N.I.

This sectionnoteType=Explanatory Memorandum has no associated

27.  For section 69 of the 1952 Act (saving for acts done for improvement of the fisheries) there shall be substituted—

69.    Saving for acts done for artificial propagation, scientific purposes or improvement of the fisheries

(1) Nothing in this Act shall prohibit anything done for the purpose of the artificial propagation of fish, for some scientific purpose or for the improvement of any fishery—

(a)by the Commission;

(b)by a person to whom a permit is issued under this section (or any other person acting under his directions), under the authority of, and subject to the conditions of, that permit.

(2) The Commission may, by permit in writing and subject to any specified conditions, authorise any named person to do, at any season of the year, any specified things for any of the purposes mentioned in subsection (1) and in particular, without prejudice to the generality of the foregoing—

(a)to catch fish of any specified kind 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 specified kind or to have in his possession and use any substance of a specified kind;

(b)to buy or sell ova or fry of fish of any specified kind 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 specified.

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

(4) A person to whom a permit has been given by the Commission 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 this section “specified” means specified in a permit..

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