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Foyle Area (Control of Netting) (Amendment) Regulations 2007

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Statutory Rules of Northern Ireland

2007 No. 276

FISHERIES

Foyle Area (Control of Netting) (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)) 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) 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 Netting) (Amendment) Regulations 2007 and shall come into operation on 9th May 2007.

Amendment of the Foyle Area (Control of Netting) Regulations 1981

2.  The Foyle Area (Control of Netting) Regulations 1981(5) shall be amended in accordance with regulations 3 to 6.

Control of Drift Netting

3.  For regulation 9 there shall be substituted—

9.  In Lough Foyle—

(a)no drift net of greater length than 500 metres shall be used for the purpose of taking or with intent to take salmon;

(b)no drift net shall be used for the purpose of taking or with intent to take salmon during the period commencing at 1800 hours on any day and ending at 0600 hours on the next following day;

(c)no drift net of greater length than 500 metres, or two or more drift nets which if joint together would, in their total length, be greater than 500 metres shall be carried on any boat for the purpose of taking or with intent to take salmon.

4.  For regulation 10 there shall be substituted –

10.  Seaward of Lough Foyle no drift net shall be used for the purpose of taking or with intent to take salmon.

Restriction on Lough and Sea Netting

5.  For regulation 17 there shall be substituted the following regulation —

17.(1) A person shall not use for the purpose of taking or with intent to take salmon in Lough Foyle, any drift net which does not conform in every particular with the provision contained in regulation 8.

(2) A person shall not use for the purpose of taking or with intent to take salmon seaward of Lough Foyle any draft net which does not conform in every particular with the provision contained in regulation 5(1).

Revocation

6.  The Foyle Area (Control of Netting) (Amendment) Regulations 1990(6) are hereby revoked.

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.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Foyle Area (Control of Netting) Regulations 1981 by –

(a)Prescribing the maximum length of a drift net which can operate in Lough Foyle at 500 metres.

(b)Providing that drift nets may not be operated in the Foyle Area seawards of Lough Foyle.

(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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