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Foyle Area (Control of Drift and Draft Net Fishing) (Amendment) Regulations 2007

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Statutory Rules of Northern Ireland

2007 No. 275

FISHERIES

Foyle Area (Control of Drift and Draft Net Fishing) (Amendment) Regulations 2007

Made

4th May 2007

Coming into operation

9th May 2007

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(1) and section 5(1) of the British-Irish Agreement (Amendment) Act 2002(1)) and section 14 of the Foyle Fisheries Act 1952(1) which stand transferred to it under section 34(1) of the British-Irish Agreement Act 1999, and in exercise of the powers conferred by sections 13(1) and 14 of the Foyle Fisheries Act (Northern Ireland) 1952(2) and now vested in it(3), with the approval of the Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland, under the agreement made between those Governments on 19th November 2002(4) and section 5(1) of the British-Irish Agreement (Amendment) Act 2002, hereby makes the following Regulations:

Citation and Commencement

1.  These Regulations may be cited as the Foyle Area (Control of Drift and Draft Net Fishing) (Amendment) Regulations 2007 and shall come into operation on 9th May 2007.

Amendment of the Foyle Area (Control of Drift and Draft Net Fishing) Regulations 2004

2.  For regulation 3(1) of the Foyle Area (Control of Drift and Draft Net Fishing) Regulations 2004(5) there shall be substituted—

3.(1) Subject to paragraphs (2) and (3), the number of licences which the Commission may issue in any year under the 2001 Regulations in respect of any waters as described in column 1 of the Schedule shall not exceed—

(a)the number of such licences issued in the 2007 season; and

(b)the number specified in column 2 of the Schedule opposite the related description of the waters in column 1.

(1A) In determining the number of licences which the Commission may issue, no account shall be taken of any reduction of licences effected under paragraphs (2) or (3).

3.  Regulations 4(12) and 4(13) are hereby revoked.

4.  In regulation 5(1)—

(1) The words “or 12(b) (ii)” shall be deleted.

(2) For “(12)” there shall be substituted “(11)”.

5.  After regulation 6 there shall be inserted—

6A.  Where in consideration of monies paid or payable by the Commission a person undertakes to make no further applications for a licence, that person and any spouse or child of that person shall be precluded from being considered under the provisions of paragraphs (2) to (11) of regulation 4 if he applies for a licence.

6.  For the Schedule to the Foyle Area (Control of Drift and Draft Net Fishing) Regulations 2004 there shall be substituted the Schedule as set out in the Schedule to these Regulations.

Given under the Seal of the Foyle, Carlingford and Irish Lights Commission on 4th May 2007.

Legal seal

R.J.D Anderson

Chief Executive of the Loughs Agency

Approved by the Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland on 4th May 2007.

T Hanney

M Bunting

being persons authorised by those Governments to signify approval on their behalf.

Regulation 6

SCHEDULEReplacement Schedule to the Foyle Area (Control of Drift and Draft Net Fishing) Regulations 2004

Regulations 2 to 4

SCHEDULE

Column 1

Waters to which licences refer

Column 2

Maximum number of licences

(a)Wholly in Lough Foyle, the seaward limit of which for the purpose of these Regulations shall be deemed to be an imaginary straight line drawn between Greencastle Fort in the County of Donegal and the Martello Tower at Magilligan Point in the County of Londonderry.30
(b)The River Foyle between the Carrickmore-Grange Foyle line and a straight line drawn across the said River Foyle from the easternmost point in the townland of Drumnashear in the county of Donegal to the northernmost point in the townland of Magheramason in the County of Tyrone and, that portion of the River Foyle flowing to the west of the islands known as Corkan Isle and Islandmore and lying between straight lines drawn across the said River Foyle at right angles to its course through the northernmost point of the townland of Corkan Isle and the southernmost point of the townland of Islandmore respectively.50

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Foyle Area (Control of Drift and Draft Net Fishing) Regulations 2004, and prescribe the maximum number of licences which the Foyle, Carlingford and Irish Lights Commission may issue for drift and draft net fishing in the tidal waters of the Foyle Area. In particular these Regulations prescribe that the maximum number of licences which may be issued in a calendar year shall be no more than the number of licences issued in the 2007 season but not exceeding the maximum numbers specified in the substituted schedule to the Foyle Area (Control of Drift and Draft Net Fishing) Regulations 2004.

These Regulations exclude the issue of licences for drift net fishing in the waters of the Foyle Area seawards of Lough Foyle.

These Regulations provide that in consideration of monies paid or payable by the Commission a person undertakes to make no further applications for a licence, that person and any spouse or child of that person shall be precluded from being considered under the provisions of paragraphs (2) to (11) of regulation 4 if he applies for a licence.

Applications for the 2007 season will be considered only from applicants who had a licence issued for Drift or Draft Net fishing in a minimum of one of the previous three calendar years.

(1)

Legislation of the Republic of Ireland

(2)

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

(3)

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

(4)

Cm 5708

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