Foyle Fisheries Act (Northern Ireland) 1952

38 Use of salmon nets near mouths of rivers. N.I.

(1) If any person (other than the owner of a several fishery within the limits thereof) shoots, draws, or uses any net for taking salmon at the mouth of any river or within [F1 805 metres] seaward or [F1 805 metres] inwards or along the coast from the mouth of any river, he shall be guilty of an offence against this Act.

[F2 (2) If a person—

(a) shoots, draws or stretches a net across the mouth or across any other part of a river; and

(b) fails to leave open a channel which is—

(i) at least one-quarter of the width of the mouth of the river or, as the case may be, of that other part of the river, and

(ii) of sufficient depth and width to facilitate the passage of salmon in that river,

he shall be guilty of an offence against this Act.]

(3) Where regulations under this Act define the mouth of any tributary river, references in this section to the mouth of any river shall be construed as including references to the mouth of that tributary river.

F1 Words in s. 38(1) substituted (1.6.2008) by Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 (S.I. 2007/915 (N.I. 9)), arts. 1(3), 12(2) (with art. 32); S.R. 2008/232, art. 2, Sch.

F2 S. 38(2) substituted (1.6.2008) by Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 (S.I. 2007/915 (N.I. 9)), arts. 1(3), 13 (with art. 32); S.R. 2008/232, art. 2, Sch.