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Foyle Fisheries Act (Northern Ireland) 1952

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13Regulations.N.I.

(1)The Commission may, with the approval of[F1 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[F1 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:—

(a)the regulation of fishing and preservation of good order amongst persons fishing;

(b)the 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;

(c)prohibiting any mode of taking or destroying fish or any kind of fish;

(d)the times and places or the mode at or in which any fishing engine may be used;

(e)the description and form of nets to be used and the size of the meshes of those nets;

(f)the prohibition, either absolutely or otherwise than under and in accordance with a licence issued by the Commission, of the use of any fishing engine;

(g)the making of applications for, and the issue, alteration, renewal, and revocation of licences, whether generally or in specified cases;

(h)the protection of waters from poisoning and pollution by any deleterious or poisonous matter, or from any predatory fish or animals;

(i)the 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;

(j)defining, by reference to a map or otherwise, the mouth of any river in the Foyle Area[F1 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;

(k)anything referred to in this Act as prescribed;

(l)anything relating in any manner to the management and protection of the fisheries.

(2)Regulations made by the Commission under this section may provide for charging in respect of any licence or other document issued or varied by the Commission such fees, payable at such time and in such manner, as may be prescribed.

(3)Regulations made by the Commission under this section …F2 shall be published in one or more newspapers circulating in the Foyle Area[F1 and the Carlingford Area].

Subs. (4) spent

(5)The Ministry shall cause every regulation made under this Act to be laid before each House of Parliament as soon as may be after it is made and, if a resolution annulling the regulation is passed by either House, within the statutory period next after the day on which the regulation has been laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

[F3(5A)Nothing in regulations made under paragraph (f) of subsection (1) shall make it an offence for a person, who is not the holder of a licence issued by the Commission, to fish lawfully by rod and line in a production pond at a fish farm operated by the holder of a fish culture licence granted under section 11 of the Fisheries Act (Northern Ireland) 1966.

(5B)In subsection (5A) “production pond” means a pond—

(a)used for the artificial propagation and culture of fish; and

(b)designated for the purposes of this subsection as a production pond in a fish culture licence granted under the said section 11.]

(6)If any person contravenes (whether by act or omission) any regulations under this section, he shall be guilty of an offence against this Act.

F1SI 1999/859

F2SLR 1980

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