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The Carlingford Area (Definition of the Mouth of the Clanrye River) Regulations 2016

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Statutory Rules of Northern Ireland

2016 No. 346

Fisheries

The Carlingford Area (Definition of the Mouth of the Clanrye River) Regulations 2016

Made

14th September 2016

Coming into operation

1st November 2016

The Foyle, Carlingford and Irish Lights Commission, with the approval of the North/South Ministerial Council, makes the following Regulations in exercise of the powers conferred by section 13(1)(j) of the Foyle Fisheries Act 1952(1) and section 13(1)(j) of the Foyle Fisheries Act (Northern Ireland) 1952(2) and now vested in it(3).

Citation and commencement

1.  These Regulations may be cited as the Carlingford Area (Definition of the Mouth of the Clanrye River) Regulations 2016 and shall come into operation on 1st November 2016.

Interpretation

2.  In these Regulations –

“the Foyle Fisheries Acts” means the Foyle Fisheries Act 1952 and the Foyle Fisheries Act (Northern Ireland) 1952

Definition of the Mouth of the Clanrye River

3.  The mouth of the Clanrye River flowing into Carlingford Lough is hereby defined to be a straight line, marked M on the map or plan in the Schedule and drawn in a line bearing 236° 60’ true from the point marked O on the said map or plan at Irish Grid Reference point J14470, 17885 in the County of Down in Northern Ireland, to the point marked P on the said map or plan at Irish Grid Reference point J13920, 17049 in the County of Louth in the Republic of Ireland; and the point or points of the mouth of the Clanrye River from which distances are to be measured under the Foyle Fisheries Acts are hereby defined to be any and every point on the aforesaid straight line marked M.

Given under the Seal of the Foyle, Carlingford and Irish Lights Commission on 14th September 2016.

Legal seal

J Pollock

Chief Executive of the Loughs Agency

Approved by the North/South Ministerial Council on                2016.

C Shannon

Joint Secretary of the North/South Ministerial Council

S O’Neill

Joint Secretary of the North/South Ministerial Council being persons authorised by the North/South Ministerial Council to signify approval on its behalf.

Regulation 3

SCHEDULEReproduced from the Ordinance Survey map with the sanction of the Controller of H.M. Stationary Office, Crown Copyright reserved.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations define the mouth of the Clanrye River.

Under the Foyle Fisheries Acts it is an offence:—

(1) If any person (other than the owner of a several fishery within the limits thereof) shoots, draws, or uses any net for taking salmon at the mouth of any river or within 805 metres seaward or 805 metres inwards or along the coast from the mouth of any river.

(2) If a person—

(a)shoots, draws or stretches a net across the mouth or across any other part of a river; and

(b)fails to leave open a channel which is—

(i)at least one-quarter of the width of the mouth of the river or, as the case may be, of that other part of the river, and

(ii)of sufficient depth and width to facilitate the passage of salmon in that river.

(3) Where regulations under the Foyle Fisheries Acts define the mouth of a river, references to the mouth of that river shall be construed as including references to the mouth of any tributary river.

(1)

Legislation of the Republic of Ireland

(2)

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

(3)

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

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