In this Part—
“authorised person” means (except where the context otherwise requires) a member of the Royal Ulster Constabulary, a member or officer of the Commission or a private river watcher;
“officer of the Commission” means an inspector or river watcher appointed under section fifty-four;
“private river watcher” means a river watcher appointed under section fifty-five.
(1)The Commission may by instrument under its common seal appoint a person to be—
(a)an inspector, or
(b)a river watcher,
and may revoke such instrument.
(2)An instrument under this section shall not be subject to stamp duty.
(1)Each of the following persons—
(a)any person interested in the preservation of the fish of any river in the Londonderry Area[F1 or the Newry Area],
(b)any persons who have united themselves into a society for the preservation of any fishery in any such river,
(c)the owner of any fishery in any such river,
(d)the owner of any salmon fishery on the sea coast,
may, from time to time, by instrument in writing in the form set out in the Fifth Schedule to this Act, appoint any person to be a river watcher for the protection of the fisheries on such part of the sea coast or in any such river or the tributaries thereof.
(2)A person appointed to be a river watcher under this section shall not act in that capacity until his appointment is confirmed (which confirmation shall be effected by endorsing the instrument of appointment) by any resident magistrate acting for the petty sessions district within which the river watcher is appointed to act.
(3)A court of summary jurisdiction may upon complaint made to it revoke the appointment of a person appointed under this section to act within the petty sessions district for which that court sits, and thereupon the appointment shall be determined.
(4)If any person acts as a private river watcher without having his appointment confirmed under sub-section (2) of this section or after his appointment has been revoked under sub-section (3) of this section, he shall be guilty of an offence against this Act and shall be liable on summary conviction thereof to a fine not exceeding[F2 £10].
Valid from 01/06/2008
(1)Any person whose appointment as a river watcher is confirmed after the coming into operation of Article 20 of the Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 shall, unless his appointment is renewed under section 55B, cease to be a river watcher on the expiration of 5 years from the date of that confirmation.
(2)Any person whose appointment as a river watcher was confirmed before the coming into operation of that Article shall, unless his appointment is renewed under section 55B, cease to be a river watcher—
(a)on the expiration of the period of 5 years from the date of that confirmation; or
(b)on the expiration of the period of 1 year from the coming into operation of that Article,
whichever is the later.
(3)A person who ceases by virtue of this section to be a river watcher may be re-appointed as such under section 55.
F3Ss. 55A, 55B inserted (1.6.2008) by Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 (S.I. 2007/915 (N.I. 9)), arts. 1(3), 20(2) (with art. 32); S.R. 2008/232, art. 2, Sch.
Valid from 01/06/2008
(1)Where a person (“the applicant”) intends to renew the appointment of a river watcher, he shall, not less than 6 weeks before the date on which the appointment is to cease to have effect, serve a notice, in such form and containing such particulars as may be prescribed, on—
(a)the clerk of petty sessions; and
(b)the Commission.
(2)Where the Commission objects to the renewal of the appointment of a river watcher, it shall, within 21 days of receiving a notice under subsection (1), notify the applicant and the clerk of petty sessions of its objection and of the grounds thereof.
(3)Where, within the time specified in subsection (2), the clerk of petty sessions has received no notice of an objection under that subsection, he shall confirm the appointment and endorse the instrument of appointment to that effect.
(4)Where the Commission notifies the applicant that there is an objection to the renewal of the appointment, the applicant may apply to the appropriate court for confirmation of the renewal of the appointment and Part VII of the Magistrates' Courts (Northern Ireland) Order 1981 shall apply to any such application as if it were an application referred to in Article 76(1)(b) of that Order.
(5)The confirmation of the renewal of the appointment of a person as a river watcher pursuant to an application under subsection (4) shall be effected by the resident magistrate endorsing the instrument of appointment.
(6)Where the appointment of a person as a river watcher has been renewed under this section, the clerk of petty sessions shall notify the Commission of that renewal as soon as practicable.]
F3Ss. 55A, 55B inserted (1.6.2008) by Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 (S.I. 2007/915 (N.I. 9)), arts. 1(3), 20(2) (with art. 32); S.R. 2008/232, art. 2, Sch.
(1)The powers conferred by this Part on a private river watcher shall be exercised only for the protection of the fisheries specified in his instrument of appointment.
(2)The powers conferred by this Part on a member or officer of the Commission shall be exercised only for the protection of the fisheries of the Foyle Area[F4 or the Carlingford Area].
F4SI 1999/859
The production by an officer of the Commission or a private river watcher of his instrument of appointment under this Part shall be a sufficient warrant for his exercising the powers conferred on him by this Part, but the production of such instrument by him shall not be necessary in exercising those powers unless he has been first required to produce it.
(1)An authorised person may, for the purposes of the protection of the fisheries, do all or any of the following things—
(a)enter into and pass through or along [F5 or remain on] the banks or borders of any rivers frequented by salmon or trout or of the tributaries thereof,
(b)with boats or otherwise enter upon any such rivers,
(c)enter upon and examine all weirs, sluices, mill dams, mill races and watercourses communicating with such rivers,
(d)enter any boat which has been or is engaged or is about to engage in fishing,
(e)examine all standing, floating or other nets whatsoever,
(f)seize any unlawful fishing engine or any lawful fishing engine which is being unlawfully used,
(g)do all such other acts and things as he is authorised to do by or under this Act.
(2)Nothing in this section shall be construed as authorising any person to enter any enclosed garden or any dwelling-house or the curtilage thereof except where the ordinary road or passage to any weir, dam or dyke traverses such garden or curtilage.
(1)Where upon an information on oath it appears to any justice of the peace that there are reasonable grounds for believing that a breach of the provisions of this Act or any instrument made thereunder has been committed within any enclosed garden or any dwelling-house or the curtilage thereof, he may by warrant under his hand empower an authorised person to enter the said garden or dwelling-house or the curtilage thereof, at such times in the day or night as may be mentioned in the warrant.
(2)A warrant under this section shall not continue in force for more than seven days from the date thereof.
(1)A member or officer of the Commission or member of the Royal Ulster Constabulary may, subject to any directions and regulations given or made by the Commission, do with respect to any vessel employed in fishing, all or any of the following things—
(a)board such vessel,
(b)examine the certificate of registry and the fishing engines of such vessel, and ascertain whether the provisions of this Act or the Fisheries Acts have been complied with and whether the master or other persons on board are carrying on fishing in the manner required by this Act,
(c)seize any unlawful fishing engine or any lawful fishing engine unlawfully used.
(2)If the master of any fishing vessel refuses to produce the certificate of registry of such vessel when required to do so by a member or officer of the Commission or member of the Royal Ulster Constabulary, he shall be guilty of an offence against this Act.
(1)If, within the Foyle Area[F6 or the Carlingford Area], any person (in this section referred to as the offender) is found offending against the provisions of the Fisheries Acts or this Act or the corresponding law of the Republic of Ireland, the following provisions shall have effect:—
(a)an authorised person may require the offender to do either or both of the following things—
(i)desist from such offence;
(ii)give his name and address;
(b)if the offender, after being so required, wilfully continues such offence or fails or refuses to give his name and address, the authorised person and any persons acting under his directions may apprehend the offender;
(c)where the offender is apprehended under this section by an authorised person who is not a member of the Royal Ulster Constabulary, that person shall, subject to sub-section (2) of this section, forthwith deliver the offender into the custody of a member of the Royal Ulster Constabulary to be dealt with according to law.
(2)If the authorised person who apprehended the offender or a member of the Royal Ulster Constabulary into whose custody he has been delivered has reason to believe that—
(a)the offender is resident in the Republic of Ireland, and
(b)the offence is an offence under the said corresponding law of the Republic of Ireland,
he may forthwith deliver the offender into the custody of a member of the police forces of the Republic of Ireland to be dealt with according to that law.
(3)Where a person is delivered into the custody of a member of the Royal Ulster Constabulary in purported compliance with a provision of the law of the Republic of Ireland corresponding to this section, the member shall take him into custody to be dealt with according to law.
F6SI 1999/859
Where an authorised person finds—
(a)during the annual close season or the weekly close time—
(i)any passage in any fishing engine or contrivance closed or obstructed, or
(ii)any fishing engine or other contrivance whatsoever placed or used in contravention of this Act or any instrument made thereunder, or
(b)at any time, any obstruction in a fish pass, or
(c)at any time, any obstruction in the waste gate appurtenant to any mill or factory when such waste gate is required by law to be open,
he may open such passages and remove such obstructions, doing no unnecessary damage, and seize and remove all things so found or used contrary to the provisions of the Fisheries Acts or this Act or any instrument made thereunder.
(1)Every person (in this section referred to as an authorised officer) being a member or officer of the Commission or member of the Royal Ulster Constabulary is hereby authorised to do all or any of the following things—
(a)to stop and search any person conveying or suspected to be conveying fish of any kind or any instrument, poison or explosive used or adapted for killing or taking fish unlawfully and to [F7 examine] any fish, instrument or substance which such person is found to be conveying and for that purpose to open and search any vehicle or package in which any fish, instrument or substance is being or is suspected to be conveyed;
(b)at all reasonable times to enter upon and have free access to the interior of—
(i)any premises in which fish is or is believed to be sold, or kept, exposed or stored for sale, or
(ii)any premises in which any instrument or substance intended for the destruction of fish is or is believed to be kept, or
(iii)the premises of any person engaged in the business of carrying goods for reward, or
(iv)any aerodrome, pier, quay, wharf, jetty or dock or premises thereon, or
(v)any ship, boat, aircraft, railway wagon, motor lorry, cart, or other vessel or vehicle used for the conveyance of goods, [F8 or
(vi)any hotel, guest house, restaurant or other premises or place at which board and lodging or meals are provided for reward;]
(c)to examine all fish found in any place which he is authorised by this section to enter and for that purpose to open any package found in such place and containing or suspected to contain fish;
(d)to stop, enter and search, on any river or the banks thereof or any part of the sea or the shores thereof any boat used or suspected to be used for fishing or containing or suspected to contain fish unlawfully captured and to examine all fish and all fishing engines found therein and for that purpose to open any package which contains or is suspected to contain any fish or fishing engine;
(e)to take, remove and detain in his custody any fish (either together with or without any package in which the same may be contained) found in the course of the exercise of any of the powers conferred by this section in respect of which an offence under [F9 the Fisheries Acts or] this Act is being or is suspected of being committed or which have been or are suspected of having been unlawfully captured;
(f)to take, remove and detain in his custody any fishing engine [F10, boat, vehicle or article] liable or believed to be liable to forfeiture under the Fisheries Acts or this Act;
(g)to demand and take the name and address of the person having custody of any fish or other article which the authorised officer is authorised under this section to examine and also demand and take from such person the name and address of the owner of such fish or other article.
(2)Where an authorised officer detains in his custody under the authority of this section any fish or other article he shall, as soon as may be, take such steps as may be proper to have the person guilty or suspected to be guilty of the offence committed or suspected to have been committed in relation to such fish or other article dealt with according to law.
(3)Where an authorised officer detains in his custody under the authority of this section any fish and such fish is likely to become unfit for human food before the matter can conveniently be dealt with by any court, he shall produce such fish to a justice of the peace, and if authorised so to do by such justice of the peace shall destroy or otherwise dispose of such fish.
(4)A justice of the peace to whom any fish is produced in pursuance of this section shall, if he is of opinion that the fish ought in the circumstances to be destroyed or otherwise disposed of, give to the person producing the fish a certificate in writing describing the fish and any marks, peculiarities or other particulars thereof pointed out to him by such person and authorising such person to destroy or otherwise dispose of the fish, which certificate shall be conclusive evidence of all such matters of fact as aforesaid stated therein.
(5)Every person who refuses to give his own name and address or the name and address of any other person (so far as known to him) when lawfully demanded under this section shall be guilty of an offence against this Act [F11 and shall be liable on summary conviction to a fine not exceeding £200].
Where a person, in exercise of powers conferred on him by this Part, seizes in Northern Ireland, any boat or fishing engine, he shall, as soon as may be, apply to a court of summary jurisdiction sitting for the petty sessions district in which it was seized for an order for its disposal under this section and thereupon the following provisions shall have effect:—
(a)if, in the case of a boat, the court finds that, at the time of its seizure, it had been, was being, or was about to be, used for a purpose which under this Act is unlawful, the court shall order it to be forfeited;
(b)if, in the case of a fishing engine, the court finds that it is one the use of which is prohibited by law, the court shall order it to be forfeited and destroyed;
(c)if, in the case of a fishing engine, the court finds that it is a lawful fishing engine which at the time of its seizure had been, was being or was about to be, unlawfully used in any part of the Foyle Area[F13 or the Carlingford Area], the court shall order it to be forfeited;
(d)in any other case, the court shall order the boat or fishing engine to be returned to the person who appears to the court to be the owner thereof.]
F13SI 1999/859
No authorised person shall be liable for any loss or damage occasioned by or in the course of the exercise of any of the powers conferred on him by this Part unless such loss or damage was caused by him wantonly or maliciously.
If any person assaults, obstructs or impedes any person exercising any power conferred by this Part, he shall be guilty of an offence against this Act and shall be liable on summary conviction to a fine not exceeding[F14 £20] or to imprisonment for any term not exceeding two months or to both such fine and such imprisonment.