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There are currently no known outstanding effects for the Foyle Fisheries Act (Northern Ireland) 1952.
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[F1(1)]If any person—
(a)wilfully takes, sells, purchases, or has in his possession the spawn, smolts or fry of salmon or trout, or
(b)wilfully obstructs the passage of the smolts or fry of salmon or trout, or
(c)injures or disturbs the spawn or fry of salmon or trout, or
(d)injures or disturbs any spawning bed, bank or shallow where the spawn or fry of salmon or trout may be,
he shall be guilty of an offence against this Act.
[F2(2)It shall be a defence for a person charged with an offence under subsection (1)(a) in relation to the spawn of any salmon or trout to prove—
(a)that the spawn had been produced at a—
(i)fish farm (as defined in the Fisheries Act (Northern Ireland) 1966); or
(ii)a licensed area (within the meaning of section 52X(1)); or
(b)that he believed on reasonable grounds that it had been so produced.
(3)If any person removes any material from the bed of the freshwater portion of any river in the Londonderry Area or the Newry Area—
(a)without the consent of the Commission under subsection (4); or
(b)otherwise than in accordance with the conditions of a consent granted by the Commission under subsection (4),
he shall be guilty of an offence against this Act.
(4)The Commission may, on the application of any person, grant its consent to the removal of material from the bed of the freshwater portion of a river on such conditions as it thinks fit.
(5)Where the Commission—
(a)on an application for a consent under subsection (4), has refused a consent; or
(b)in giving a consent under subsection (4), has given that consent subject to conditions,
the person who applied for the consent may appeal to the Water Appeals Commission for Northern Ireland against the decision within 28 days from the day on which notice of the decision was given to that person.
(6)In relation to the jurisdiction of the Water Appeals Commission for Northern Ireland under this section, Article 293 of the Water and Sewerage Services (Northern Ireland) Order 2006 shall have effect as if, in paragraphs (6) to (8) of that Article, references to the relevant Department were references to the Foyle, Carlingford and Irish Lights Commission.
(7)A consent under subsection (4) does not confer on any person a right to remove material from the bed of a river which (apart from this section) he would not otherwise have.
(8)Nothing done under and in accordance with the conditions of a consent under subsection (4) constitutes an offence under subsection (1) or section 47.]
F1S. 46 renumbered (1.6.2008) as s. 46(1) by Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 (S.I. 2007/915 (N.I. 9)), arts. 1(3), 18 (with art. 32); S.R. 2008/232, art. 2, Sch.
F2S. 46(2)-(8) added (1.6.2008) by Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 (S.I. 2007/915 (N.I. 9)), arts. 1(3), 18 (with art. 32); S.R. 2008/232, art. 2, Sch.
If any person disturbs fish on the spawning beds or attempts (except by means of lawful angling with rod and line) to catch fish thereon, he shall be guilty of an offence against this Act.
(1)Every person who at any time wilfully takes, kills, destroys, buys, sells, exposes for sale or has in his custody or possession any unclean or unseasonable salmon or trout, shall be guilty of an offence against this Act and shall be liable on summary conviction thereof to a fine not exceeding[F3 level 3 on the standard scale] or to imprisonment for any term not exceeding [F4 six] months or to both such fine and such imprisonment.
(2)Where a person is charged with taking a salmon or trout in contravention of this section it shall be a good defence to prove that such salmon or trout was taken accidentally, and was returned without injury to the water immediately upon being taken.
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