Fisheries Regulations (Northern Ireland) 2014

PART 2 LICENCES, DUTIES AND FEES

General

4.—(1) Subject to regulation 14 (revocation of, or refusal to issue or renew a fishing licence), the Department may issue a fishing licence authorising any person to fish for, take or kill –

(a) salmon;

(b) freshwater fish;

(c) coarse fish;

(d) eels;

(e) any combination of the above.

(2) A licence issued under paragraph (1) may authorise the holder to fish for, take or kill the fish to which the licence relates by means of –

(a) any fishing engine;

(b) a rod and line or hand line;

(c) a bait net;

(d) a draft net;

(e) a single wall set net;

(f) a trammel net.

(3) A licence issued under paragraph (1) may authorise the holder to fish for, take or kill the fish to which the licence relates in –

(a) fresh water;

(b) the sea and tidal waters; or

(c) both.

(4) A licence issued under paragraph (1) shall have effect for –

(a) the calendar year of issue;

(b) fourteen days; or

(c) three days.

(5) A licence issued under paragraph (1) shall be subject to the following conditions –

(a) the licence is valid only if signed by the distributor and, in the case of an angling licence, the licence-holder;

(b) the licence is valid only if the actual date and time that the licence is issued are entered thereon;

(c) the licence is valid only if the surname, all forenames and the date of birth of the licence-holder are entered thereon;

(d) the licence is issued subject to the provisions contained in the Act and in Regulations made under the Act.

(6) Paragraph (5)(a), in so far as it requires the signature of a distributor, shall not apply in the case of a concessionary season fishing rod licence licence issued to a disabled angler.

(7) A licence issued under paragraph (1) for angling shall be in the form set out in Schedule 1, and a licence issued under paragraph (1) for commercial fishing shall be in the form set out in Schedule 2.

(8) A licence issued under paragraph (1) may be altered at any time by the Department by notice in writing served on the holder.

(9) Subject to regulation 14, a licence issued under paragraph (1) may be renewed on application made to the Department.

5.  An application for a fishing licence, or for the renewal of a fishing licence, shall be made in writing to the Department, shall be accompanied by the amount specified as the duty for that licence under regulation 6, and shall contain such particulars as the Department may require.

6.  Subject to Part III of the Act, there shall be payable to the Department in respect of any fishing licence specified in column 1 of Part I or 2 of Schedule 3, the duty specified opposite thereto in column 2.

7.—(1) A person who makes an application in writing to the Department for a dealer’s licence under section 114 of the Act shall forward with that application the fee prescribed in Part 3 of Schedule 3.

(2) Where the holder of a dealer’s licence applies for renewal of that licence under section 115 of the Act their application shall be accompanied by the fee prescribed in Part 3 of Schedule 3.

8.—(1) Subject to paragraph (2), any person who has not attained the age of 12 years shall be exempt from the requirement to hold a fishing licence for angling.

(2) Where any such person referred to in paragraph (1) uses more than one rod and line or hand line at the same time to fish for, take or kill salmon, trout and rainbow trout, or more than two rods and lines or hand lines at the same time to fish for, take or kill coarse fish, he shall be exempt from the requirement to hold a fishing licence for angling only in respect of one rod and line or hand line or two rods and lines or hand lines, as the case may be.

9.  The Department may issue one concessionary season fishing rod licence in any calendar year to a disabled angler or to a person who has attained the age of 60 years.

10.  The Department shall issue a game fishing rod licence to use a single game rod to any person holding a current game fishing rod and line licence issued by the Foyle, Carlingford and Irish Lights Commission on payment to the Department of duty of the amount set out in column (2) of Part I of Schedule 3 opposite the entry “Amount payable by the holder of a current Foyle, Carlingford and Irish Lights game fishing rod and line licence for a game fishing rod licence” in column (1) of that Part.

11.  Fishing licences issued under regulation 4 (2) in respect of any fishing engine shall not authorise the use of that fishing engine for the taking or killing of fish other than those specified on the licence.

12.  All fishing licences issued under these Regulations (other than fishing licences for angling ) shall be valid only when used by the licence-holder or their agent previously authorised in writing by them.

13.  A licence issued under regulation 4, other than a concessionary season fishing rod licence issued to a disabled angler, may be issued by a distributor approved by the Department in writing in that behalf.

Revocation of, or refusal to issue or renew, a fishing licence

14.—(1) Where a person has been convicted of any offence under the Act the Department may (subject to the provisions of these Regulations) revoke any fishing licence held by such person or (as the case may be) refuse to issue such person a fishing licence or renew any fishing licence held by such person.

(2) Subject to the provisions of these Regulations, where, in consideration of compensation paid or payable by the Department, a person who holds or is eligible to hold a fishing licence consents to the revocation of the licence or eligibility for it and undertakes to make no further applications for a fishing licence of a particular class, the Department shall revoke that licence or (as the case may require) refuse to renew it and shall refuse to issue such person a fishing licence of the class which he has undertaken not to apply for.