Fisheries (Amendment) Byelaws (Northern Ireland) 2002

Statutory Rules of Northern Ireland

2002 No. 11

FISHERIES

Fisheries (Amendment) Byelaws (Northern Ireland) 2002

Made

18th January 2002

Coming into operation

1st March 2002

The Fisheries Conservancy Board for Northern Ireland, in exercise of the powers conferred on it by section 26(1) of the Fisheries Act (Northern Ireland) 1966(1) and of every other power enabling it in that behalf, with the approval of the Department of Culture, Arts and Leisure(2), hereby makes the following Byelaws:

Citation and commencement

1.  These Byelaws may be cited as the Fisheries (Amendment) Byelaws (Northern Ireland) 2002 and shall come into operation on 1st March 2002.

Amendment of the Fisheries Byelaws (Northern Ireland) 1997

2.  The Fisheries Byelaws (Northern Ireland) 1997(3) shall be amended as provided in Byelaws 3 and 4.

References to a river, lough or lake

3.  For Byelaw 2(2) there shall be substituted—

“(2) For the purposes of Parts XVI, XVII and XIX references to a river, lough or lake includes any tributary or branch of that river, lough or lake and includes any loughs or lakes draining into or flowing out of or forming part of any such river, tributary or branch.”.

Restrictions on the killing of salmon

4.  After Part XVIII (Prohibition on any person having undersized Pike or Perch in his possession) there shall be inserted the following Part:

“Part XIX Restrictions on the killing of Salmon

85.   Subject to Byelaw 86, where any person whilst angling in any water to which section 25 of the Act applies during the period from 1st March to 31st May in any year, both dates inclusive, takes a salmon, then he shall, without avoidable injury, cause such salmon to be returned immediately to the water from which it was taken.

86.   In that part of Lough Melvin which is situate in County Fermanagh, where any person whilst angling during the period from 1st February to 31st May in any year, both dates inclusive, takes a salmon, then he shall, without avoidable injury, cause such salmon to be returned immediately to the water from which it was taken.

87.   Subject to Byelaws 88, 89 and 90, where any person whilst angling in any water to which section 25 of the Act applies during the period from 1st June to 31st October in any year, both dates inclusive, takes a salmon in excess of two on any day, then he shall, without avoidable injury, cause such salmon to be returned immediately to the water from which it was taken.

88.   In that part of Lough Melvin which is situate in County Fermanagh where any person whilst angling during the period from 1st June to 30th September in any year, both dates inclusive, takes a salmon in excess of two on any day, then he shall, without avoidable injury, cause such salmon to be returned immediately to the water from which it was taken.

89.   In Upper and Lower Lough Erne and in the River Erne where any person whilst angling during the period from 1st June to 30th September in any year, both dates inclusive, takes a salmon in excess of two on any day, then he shall, without avoidable injury, cause such salmon to be returned immediately to the water from which it was taken.

90.   In the River Bush where any person whilst angling during the period from 1st June to 20th October in any year, both dates inclusive, takes a salmon in excess of two on any day, then he shall, without avoidable injury, cause such salmon to be returned immediately to the water from which it was taken.”.

Sealed with the Common Seal of the Fisheries Conservancy Board for Northern Ireland on 14th January 2002.

L.S.

Dr. D. Roberts

Chairman

L.S.

K. A. Simpson (Mrs.)

Secretary

The Department of Culture, Arts and Leisure hereby approves the foregoing Byelaws.

Sealed with the Official Seal of the Department of Culture, Arts and Leisure on 18th January 2002.

L.S.

N. Carson

A senior officer of the

Department of Culture, Arts and Leisure

Explanatory Note

(This note is not part of the Byelaws.)

These Byelaws insert a new Part XIX into the Fisheries Byelaws (Northern Ireland) 1997 (“the principal Byelaws”) (Byelaw 4) and amend Byelaw 2(2) of the principal Byelaws so as to extend that Byelaw’s application to Part XIX (Byelaw 3).

The new Part:—

1.  requires any person who takes a salmon whilst angling during the period from 1st March to 31st May to return it immediately to the water from which it was taken without avoidable injury (except for the part of Lough Melvin in County Fermanagh, in which case the period runs from 1st February to 31st May) (Byelaws 85 and 86);

2.  requires any person who takes a salmon in excess of two on any day during the period from 1st June to the start of the annual close season to return it immediately to the water from which it was taken without avoidable injury (Byelaws 87, 88, 89 and 90).

(1)

1966 c. 17 (N.I.) section 26(1) was amended by Article 8(3) of the Fisheries (Amendment) (Northern Ireland) Order 1991, (S.I. 1991/1466 (N.I. 13)) and by section 5 of the Fisheries (Amendment) Act (Northern Ireland) 2001 (2001 c. 4 (N.I.))

(2)

Functions transferred by virtue of S.R. 1999 No. 481 Article 3 and Schedule 1

(3)

S.R. 1997 No. 425 as amended by S.R. 1999 No. 12, S.R. 2000 No. 364 and S.R. 2001 No. 433