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Fisheries (Tagging and Logbook) Byelaws (Northern Ireland) 2001

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Interpretation

2.  In these Byelaws—

the Act” means the Fisheries Act (Northern Ireland) 1966;

“authorised agent” means a person through whom the Board issues certain fishing licences;

“authorised person” means—

(a)

a member of the Royal Ulster Constabulary; or

(b)

an officer appointed by the Department of Culture, Arts and Leisure; or

(c)

an officer of the Board; or

(d)

a private water bailiff; or

(e)

any person who is a British sea-fishery officer for the purposes of the Sea Fisheries Acts (as defined by section 19(1) of the Sea Fisheries Act 1968(1));

“bag net” means a net consisting of a single wall of netting and leader, one end fixed to the shore and running seawards to a floating fixed trap or cage of netting, enclosed on sides, bottom and top, except at the entrance from the leader; and with one or more sets of inscales and described in a certificate issued under the Salmon Fishery (Ireland) Act 1863(2) as a bag net;

“dealer” means the holder of a dealer’s licence granted under Part VII of the Act authorising the holder to sell salmon and trout;

“draft net” means a single wall of netting loosely hung on ground and head ropes with the outer ends or wings leading to a funnel and a bag or tail into which the catch is drafted or hauled;

“drift net” means a single sheet or wall of netting attached to a floating head rope and a weighted ground rope, designed to drift freely at the surface of the water;

“export” in relation to a wild salmon or sea trout means consign by any means to a place outside the Republic of Ireland and Northern Ireland;

“farmed salmon or sea trout” means a salmon or sea trout produced in a fish farm;

“fixed tidal draft net” means a net consisting of a single sheet or wall of netting loosely hung on ground and head ropes without trap or cage and fixed at the shoreward and seaward ends and described in a certificate issued under the Salmon Fishery (Ireland) Act 1863 as a fixed draft net;

“game fishing rod licence” means a game fishing rod licence issued pursuant to the Fisheries Byelaws (Northern Ireland) 1997(3);

“gill tag” means a gill tag approved by the Board;

“hand line” means a line held in the hand to which shall be attached not more than a single hook;

“holder” in relation to a logbook, means the person to whom the logbook has been issued under these Byelaws;

“import” in relation to a wild salmon or sea trout means bring by any means into Northern Ireland (other than into the Londonderry Area or the Newry Area) from a place outside the Republic of Ireland and Northern Ireland;

“length” in relation to a sea trout means the distance measured in a straight line from the tip of the nose to the fork of the tail;

“licence-holder” means the holder of a fishing licence;

“logbook” means, as the case may be, a one day angling logbook, a salmon and sea trout angling logbook or a salmon and sea trout commercial fishing logbook;

“named person” means a person who is authorised by the Board under Byelaw 14 of the Fisheries Byelaws (Northern Ireland) 1997 to act in the absence of a licence-holder;

“officer of the Board” has the meaning given to it by section 166(1) of the Act(4);

“one day angling logbook” means a logbook as set out in the format prescribed in Schedule 1;

“processing” in relation to a wild salmon or sea trout, includes cutting any steaks, cutlets or other portions of salmon or sea trout immediately prior to their being offered or exposed for sale;

“register” means a register in the form set out in Schedule 2;

“salmon and sea trout angling logbook” means a logbook as set out in the format prescribed in Schedule 3;

“salmon and sea trout commercial fishing logbook” means a logbook as set out in the format prescribed in Schedule 4;

“supply” includes supply by way of gift or sale;

“tag” means a gill tag or a tail tag;

“tail tag” means a tail tag approved by the Board;

“tidal draft net” means a net used in tidal waters consisting of a single sheet or wall of netting loosely hung on ground and head ropes into which the catch is drafted or hauled;

“wild salmon” means an Atlantic salmon salmo salar which is not a farmed salmon; and

“wild sea trout” means a sea trout salmo truta over 50cms in length which is not a farmed sea trout.

(4)

Section 166(1) was amended by the Fisheries (Amendment) (Northern Ireland) Order 1981 (S.I. 1981/227 (N.I. 7)), Article 10(4) and Schedule 5 and by the Fisheries (Amendment) (Northern Ireland) Order 1991, Article 35(1) and Schedule 3, paragraph 8

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