http://www.legislation.gov.uk/apni/1952/5/part/III/chapterFoyle Fisheries Act (Northern Ireland) 1952An Act to authorise the making of a certain agreement with respect to fishing rights in the tidal waters of the Lough and River Foyle and its tributaries, to provide for the management, conservation, protection and improvement of the fisheries in the Foyle Area, to establish a Foyle Fisheries Commission and to define its functions, to dissolve the board of conservators for the Londonderry district, and to provide for other matters (including the charging of fees on certain fishing licences) connected with the matters aforesaid.texttext/xmlenStatute Law Database2022-08-02Expert Participation2016-10-31 PART IIITHE FOYLE FISHERIES COMMISSIONConstitution and FunctionsEstablishment of Foyle Fisheries Commission.11Subs. (1) rep. by SI 1999/8592The functions of the Commission shall be—athe management of the property vested in the Ministry and the Minister under section eight;bthe conservation, protection and improvement of the fisheries of the Foyle Area and the Carlingford Area generally andcsuch other functions as are conferred on the Commission by or under this Act or any other statutory provision.2AWithout prejudice to the generality of subsection (2), the Commission may, for the purposes of its functions under that subsection—aprovide education or training courses or facilities for training or instruction;bco-operate with other bodies having functions similar to those of the Commission;ccarry out such research as it considers necessary;dmake charges for facilities, amenities and services provided by the Commission.3The provisions of the Third Schedule to this Act shall apply to the Commission.Exemption from rates and taxes.121The Commission shall not be liable for any tax whatsoever in respect of the property in or occupation of any lands, tenements and hereditaments or in respect of any of its income.2The Commission shall, in respect of any hereditament … used or occupied by the Commission, be exempt from liability for [ regional rate and district rate].Subs. (3) rep. by 1972 NI 22Regulations.131The Commission may, with the approval of NSMC, make such regulations as appear to the Commission to be expedient for the management, conservation, protection and improvement of the fisheries of the Foyle Area and the Carlingford Area and, without prejudice to the generality of the foregoing, may make regulations in relation to all or any of the following matters:—athe regulation of fishing and preservation of good order amongst persons fishing;bthe times and seasons for the taking of fish or any kind of fish or for any mode of taking fish or any kind of fish and the conditions subject to which fish or any kind of fish may be taken;cprohibiting any mode of taking or destroying fish or any kind of fish;dthe times and places or the mode at or in which any fishing engine may be used;ethe description and form of nets to be used and the size of the meshes of those nets;f. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .gthe making of applications for, and the issue, alteration, renewal, and revocation of fishing licences, whether generally or in specified cases;ggthe regulation or prohibition of the sale of any species of fish caught by rod and line;hthe protection of waters from poisoning and pollution by any deleterious or poisonous matter, or from any predatory fish or animals;ithe prohibition of any practice whatsoever tending in the opinion of the Commission to impede the lawful capture of fish or to be in any manner detrimental to the fisheries;jdefining, by reference to a map or otherwise, the mouth of any river in the Foyle Area or the Carlingford Area, the mouth of any tributary river at its entrance into any other river therein, the boundary between the tidal and freshwater portions of any river therein, the point or points to or from which distances are to be measured under this Act, or the space within which it is prohibited by this Act or by regulations under this section to use or practise certain methods of fishing;kanything referred to in this Act as prescribed;lanything relating in any manner to the management and protection of the fisheries.2Regulations made by the Commission under this section may provide for charging in respect of any fishing licence, tag or other document issued or varied by the Commission such fees, payable at such time and in such manner, as may be prescribed.2ARegulations made by virtue of subsection (2) may—aprovide for charging concessionary fees in such cases as may be prescribed;bprovide for exemption from payment of the prescribed fees in such cases as may be prescribed.2BRegulations made by the Commission under this section may—arequire tags issued by the Commission to be attached to the carcasses of fish;brequire applications for fishing licences to be accompanied by a photograph of the applicant and particulars of the applicant's date of birth;cprescribe the form of, and conditions attaching to, fishing licences issued by the Commission;dprovide that a fishing licence to fish with rod and line or hand line shall not be transferable; anderegulate the transfer of other fishing licences.3As soon as practicable after it makes any regulations under this section the Commission shall publish in at least two newspapers circulating in the Foyle Area and the Carlingford Area a notice—astating that the regulations have been made and giving a general description of their content; andbspecifying a place at which, and the hours between which, a copy of the regulations may be inspected.4Regulations made by the Commission under this section may contain such supplementary, incidental and transitional provisions as the Commission thinks necessary or appropriate.5The Department shall cause regulations made under this section to be laid before the Assembly as soon as may be after they are made, and regulations under this section shall be subject to negative resolution.5A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6If any person contravenes (whether by act or omission) any regulations under this section, he shall be guilty of an offence against this Act.Restrictions on number of licences.141The number of fishing licences which may be issued by the Commission in any year for fishing with fishing engines of any kind (other than rod and line) in—athe tidal waters of the Foyle Area; orbthe tidal waters of Carlingford Area;cany prescribed part of those waters,shall not exceed such number as may be prescribed in relation to those waters or that part.2If the number of applications duly made for fishing licences in any year exceeds the maximum number prescribed by virtue of this section, the fishing licences shall be allocated in such manner as may be prescribed.<Addition ChangeId="d29p893" CommentaryRef="c20329451">Acquisition and development of waters for angling</Addition>14A1The Commission may, for the purpose of developing or improving facilities for angling, acquire by agreement—afishing rights in any waters in the Foyle Area or the Carlingford Area;bany estate in land by virtue of which such rights are exercisable;cany estate in any other land which the Commission is satisfied it is expedient to acquire for the safeguarding or the full enjoyment or exploitation of those rights.2Where fishing rights in respect of any waters have been acquired by the Commission under subsection (1)(a), the Commission may do all such things as are necessary or expedient—afor the proper development of those waters, and of any land acquired under subsection (1)(b) or (c), for angling; orbfor the provision of facilities or amenities for persons authorised by the Commission to enter such land.<Addition ChangeId="d29p946" CommentaryRef="c20329641">Permits to fish in Commission's waters</Addition>14B1Where the Commission owns or manages the fishing rights in any waters—athe Commission may issue permits, or make arrangements for their issue through agents, authorising the holder of such a permit to use a rod and line in the waters to which the permit relates; andbmay, subject to subsection (2), charge for the issue of such permits such sums as may be prescribed.2The Commission may under subsection (1)(a) issue complimentary permits to such persons as may be prescribed in such circumstances as may be prescribed and nothing in this Act shall require such persons to make any payment in respect of such a permit.3A permit issued under subsection (1)(a) shall be granted for such period, and subject to such conditions, as may be specified in the permit.4Where a permit is issued under subsection (1)(a) in relation to any waters, any person who—awithout obtaining such a permit, uses a rod and line in those waters;bcontravenes any condition to which a permit is subject;cuses or, with intent to deceive, presents a permit for any time, date, period, place or purpose other than that for which that permit is valid;duses or presents, as being a permit of which he is the holder, a permit issued in the name of any other person; oreuses or presents a permit that has been to his knowledge either in any manner altered (otherwise than by a person duly authorised by the Commission) or fraudulently counterfeited,shall be guilty of an offence against this Act.

Ss. 15‐18 rep. by SI 1999/859

SI 1999/859S. 11(2)(c) and preceding word added (1.6.2008) by Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 (S.I. 2007/915 (N.I. 9)), arts. 1(3), 5(1)(a) (with art. 32); S.R. 2008/232, art. 2, Sch.S. 11(2A) inserted (1.6.2008) by Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 (S.I. 2007/915 (N.I. 9)), arts. 1(3), 5(1)(b) (with art. 32); S.R. 2008/232, art. 2, Sch.1972 NI 161977 NI 28SI 1999/859S. 13(1)(f) repealed (1.6.2008) by Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 (S.I. 2007/915 (N.I. 9)), arts. 1(3), 34(2), Sch. 3 (with art. 32); S.R. 2008/232, art. 2, Sch.Words in s. 13(1)(g) substituted (1.6.2008) by Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 (S.I. 2007/915 (N.I. 9)), arts. 1(3), 34(1), Sch. 2 para. 1(2) (with art. 32); S.R. 2008/232, art. 2, Sch.S. 13(1)(gg) inserted (1.6.2008) by Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 (S.I. 2007/915 (N.I. 9)), arts. 1(3), 6(1)(a) (with art. 32); S.R. 2008/232, art. 2, Sch.Words in s. 13(2) substituted (1.6.2008) by Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 (S.I. 2007/915 (N.I. 9)), arts. 1(3), 34(1), Sch. 2 para. 1(4) (with art. 32); S.R. 2008/232, art. 2, Sch.Word in s. 13(2) inserted (1.6.2008) by Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 (S.I. 2007/915 (N.I. 9)), arts. 1(3), 6(1)(b) (with art. 32); S.R. 2008/232, art. 2, Sch.S. 13(2A)-(5) substituted (1.6.2008) for s. 13(3)-(5) by Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 (S.I. 2007/915 (N.I. 9)), arts. 1(3), 6(1)(c) (with art. 32); S.R. 2008/232, art. 2, Sch.S. 13(5A)(5B) repealed (1.6.2008) by Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 (S.I. 2007/915 (N.I. 9)), arts. 1(3), 6(1)(d), 34(2), Sch. 3 (with art. 32); S.R. 2008/232, art. 2, Sch.S. 14 substituted (1.6.2008) by Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 (S.I. 2007/915 (N.I. 9)), arts. 1(3), 7 (with art. 32); S.R. 2008/232, art. 2, Sch.S. 14A inserted (1.6.2008) by Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 (S.I. 2007/915 (N.I. 9)), arts. 1(3), 8 (with art. 32); S.R. 2008/232, art. 2, Sch.S. 14B inserted (1.6.2008) by Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 (S.I. 2007/915 (N.I. 9)), arts. 1(3), 9 (with art. 32); S.R. 2008/232, art. 2, Sch.