Foyle Area (Rivers Finn and Foyle Angling Permits) Regulations 2000

Statutory Rules of Northern Ireland

2000 No. 248

FISHERIES

Foyle Area (Rivers Finn and Foyle Angling Permits) Regulations 2000

Made

4th July 2000

Coming into operation

14th August 2000

The Foyle, Carlingford and Irish Lights Commission, in exercise of its powers under section 13(1) (amended by section 34(3) of the British Irish Agreement Act 1999 and (2) of the Foyle Fisheries Act 1952 which stand transferred to it under section 34(1) of the British Irish Agreement Act 1999, and in exercise of the powers conferred by section 13(1) and (2) of the Foyle Fisheries Act (Northern Ireland) 1952(1) and now vested in it(2) and of every other power enabling it in that behalf, with the approval of the North/South Ministerial Council, hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Foyle Area (Rivers Finn and Foyle Angling Permits) Regulations 2000 and shall come into operation on 14th August 2000.

Interpretation

2.  In these Regulations—

“angling permit” means a River Finn angling permit or a River Foyle angling permit as appropriate;

“authorised person” has the respective meanings given to it in section 54 of the Foyle Fisheries Act 1952 and section 53 of the Foyle Fisheries Act (Northern Ireland) 1952;

“eligible applicant” means an applicant who is the holder of a current Foyle and Carlingford Area season game fishing rod and line licence and who has not been convicted of an offence under the Fisheries Acts in the period of 12 months preceding the date of his application for an angling permit;

“Fisheries Acts” means the Fisheries Acts, 1959 to 1999, the Foyle Fisheries Acts, 1952 to 1983, the Foyle Fisheries Act (Northern Ireland) 1952 and the Fisheries Act (Northern Ireland) 1966(3);

“Foyle and Carlingford Area season game fishing rod and line licence” means a season game fishing rod and line licence issued in accordance with the Foyle Area (Licensing of Fishing Engines) Regulations 1976(4) or having effect as so issued by virtue of paragraphs 4 and 5 of Schedule 5 to the North/South Co-operation (Implementation Bodies) (Northern Ireland) Order 1999(5);

“River Finn angling permit” means a permit issued pursuant to regulation 5 to fish with rod and line in the waters described in column 1 of Schedule 1;

“River Foyle angling permit” means a permit issued pursuant to regulation 5 to fish with rod and line in the waters described in column 1 of Schedule 2.

River Finn angling permit

3.  A person shall not fish with rod and line for salmon or trout in the waters of the River Finn described in column 1 of Schedule 1 unless he is the holder of a River Finn angling permit issued in accordance with these Regulations.

River Foyle angling permit

4.  A person shall not fish with rod and line for salmon or trout in the waters of the River Foyle described in column 1 of Schedule 2 unless he is the holder of a River Foyle angling permit issued in accordance with these Regulations.

Conditions relating to issue of angling permits

5.—(1) An application for a River Finn angling permit shall be made to the Commission and shall be accompanied by a current Foyle and Carlingford Area season game fishing rod and line licence and the appropriate permit fee prescribed in column 2 of Schedule 1.

(2) The Commission may issue a River Finn angling permit to an eligible applicant on payment of the appropriate permit fee prescribed in column 2 of Schedule 1.

(3) An application for a River Foyle angling permit shall be made to the Commission and shall be accompanied by a current Foyle and Carlingford Area season game fishing rod and line licence and the appropriate permit fee prescribed in column 2 of Schedule 2.

(4) The Commission may issue a River Foyle angling permit to an eligible applicant on payment of the appropriate permit fee prescribed in column 2 of Schedule 2.

Production of angling permit

6.  A person fishing with rod and line for salmon or trout in any part of the waters described in column 1 of Schedule 1 or column 1 of Schedule 2 or who is going to or returning from fishing for salmon or trout in those waters shall on demand by any authorised person produce an angling permit in his name, valid at the time of such demand, and shall allow such authorised person to inspect such angling permit.

Revocation

7.  The Foyle Area (Rivers Finn and Foyle Angling Permits) Regulations 1989(6) and the Foyle Area (Rivers Finn and Foyle Angling Permits) (Amendment) Regulations 1990(7) are hereby revoked.

GIVEN UNDER the Seal of the Foyle, Carlingford and Irish Lights Commission on

L.S.

R. J. D. Anderson

(The person designated by the Irish Government and the British Government to exercise the functions of the Chief Executive of the Loughs Agency)

4th July 2000.

Approved by the North/South Ministerial Council on

T. P. O'Connor

Joint Secretary of the North/South Ministerial Council

D. J. Wheeler

Joint Secretary of the North/South Ministerial Council, being persons authorised by the North/South Ministerial Council to signify approval on its behalf.

5th July 2000.

Regulations 2, 3, 5(1) and (2) and 6

SCHEDULE 1 River Finn Angling Permits

Column 1	Column 2
Waters	Fees
Those waters of the River Finn which lie between a line drawn at right angles across the river from the upstream end of the flood bank situated on the left or northern side of the river two-thirds of a mile downstream of the boundary between the townlands of Liscooley and Carrick in County Donegal and a line drawn at right angles across the river in continuation of the boundaries between the townlands of the Urney Glebe and Flushtown in County Tyrone.	£20 if the applicant is aged 18 or over and £10 if the applicant is under the age of 18

Regulations 2, 4, 5(3) and (4) and 6

SCHEDULE 2 The River Foyle Angling Permits

Column 1	Column 2
Waters	Fees
Those waters of the River Foyle between a straight line drawn at right angles to its course through the southernmost point of the townland of Islandmore in County Donegal and the defined mouth of the River Foyle.	£20 if the applicant is aged 18 or over and £10 if the applicant is under the age of 18

Explanatory Note

(This note is not part of the Regulations.)

These Regulations which replace the Foyle Area (Rivers Finn and Foyle Angling Permits) Regulations 1989 and the Foyle Area (Rivers Finn and Foyle Angling Permits) (Amendment) Regulations 1990 prohibit a person fishing with rod and line for salmon or trout in the waters of the River Finn described in Schedule 1 and the waters of the River Foyle described in Schedule 2 unless he is the holder of a River Finn angling permit or, as the case may be, a River Foyle angling permit. The Regulations provide for the issue of such permits.

The fee for a River Finn angling permit is increased from £15 to £20 except in the case of a person under 18 years where the fee is increased from £7 to £10.

The fee for a River Foyle angling permit is increased from £10 to £20 except in the case of a person under 18 years where the fee is increased from £5 to £10.

(1)

1952 c. 5 (N.I.) as amended by S.I. 1999/859

(2)

By S.I. 1999/859 Article 21(1)

(3)

1966 c. 17 (N.I.)

(4)

S.R. 1976 No. 362 amended by S.R. 1985 No. 341, S.R. 1989 No. 461, S.R. 1990 No. 458 and S.R. 1999 No. 485

(5)

S.I. 1999/859

(6)

S.R. 1989 No. 41

(7)

S.R. 1990 No. 420