Fisheries Act (Northern Ireland) 1966

N.I. Constitution and functions

[F1 25 The Fisheries Conservancy Board for Northern Ireland. N.I.

(1) There shall be a body called the Fisheries Conservancy Board for Northern Ireland (in this Act referred to as “the Board”) whose functions shall, subject to the following provisions of this section, be the conservation and protection of the salmon and the inland fisheries of Northern Ireland, other than the fisheries of the Londonderry Area[F2 or the Newry Area].

(2) The Board shall, if so directed in writing by the Head of the Department,[F3 exercise, in accordance with the terms and conditions of the direction, any function conferred on the Department by this Act and] execute such works and do such things in relation to any fisheries mentioned in subsection (1) as may be specified in the directions.

(3) Without prejudice to the generality of subsections (1) and (2), the Board may, in the exercise of their functions—

(a) take legal proceedings for the enforcement of any statutory provision with respect to salmon or inland fisheries;

(b) make to the Department such suggestions and representations as the Board think proper in relation to any matter pertaining to such fisheries, and advise the Department upon any such matter which is referred to them by the Department;

(c) act in co-operation with any other body constituted under a statutory provision for the purpose of publicising any such fisheries as a tourist attraction;

[F3 (cc) enter into an agreement to enforce the fishing rights of any owner or occupier of land or waters in accordance with such terms and conditions as may be specified in the agreement and on payment of such sums as may be so specified;]

(d) apply and expend, subject to the provisions of this Act, any money paid to the Board in such manner as the Board think proper for the performance of their functions.

(4) The functions of the Board under the preceding provisions of this section shall, if the Head of the Department so directs, cease to be exercisable by the Board in relation to salmon fisheries in the sea to such extent as may be specified in the directions.

(5) The provisions of Schedule 2 shall have effect with respect to the Board.]

F1 1983 NI 21

F2 SI 1999/859

F3 1991 NI 13

26 Power of Board to make byelaws. N.I.

(1) Subject to subsection (2), the Board may, with the approval of the Ministry, make such byelaws as appear to the Board to be expedient for the[F4 purposes of the Board's functions in relation to] any fisheries to which section 25 applies, and, without prejudice to the generality of the foregoing provisions, may make byelaws with respect to 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 for any mode of taking fish and the conditions subject to which fish may be taken;

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

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

(e) the description and form of nets or other fishing engines to be used, and the size of the meshes of those nets or the apertures in those other engines;

(f) the size (whether determined by measurement or by weight) of fish which may be taken;

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

(h) the form of and the conditions attaching to fishing licences;

(i) the duties payable in respect of fishing licences;

(j) the protection of waters from any predatory animals;

(k) the prohibition of any practice whatsoever tending to impede the lawful capture of fish or to be in any manner detrimental to the fisheries;

[F4 (kk) the attachment of such identification marks as may be specified in the byelaws to any salmon captured;]

[F5 (kkk) anything relating in any matter to the management and protection of the fisheries;]

(l) anything which under this Act may be prescribed by byelaws or in respect of which byelaws are by this Act authorised to be made.

F6 (2) [F4 Except in relation to registers to be kept under section 120,] byelaws shall not be made under subsection (1) with respect to any matter in relation to which the Ministry is by this Act empowered to make regulations.

[F5 (3) The power to make byelaws under this section in relation to the regulation of fishing for salmon may be exercised for—

(a) the conservation or enhancement of the natural beauty or amenity of marine or coastal areas (including the geological or physiological features) or of any features of archaeological or historic interest on those areas; or

(b) the conservation of flora or fauna which are dependant on, or associated with, a marine or coastal environment.]

(4) All byelaws made by the Board shall be laid before Parliament by the Ministry, and shall be subject to negative resolution.

(5) If any person contravenes a byelaw, he shall be guilty of an offence.

F4 1991 NI 13

F5 2001 c. 4 (NI)

F6 prosp. inserted by 1983 NI 21