Foyle Fisheries Act (Northern Ireland) 1952

Prospective

[F1 52D Form and conditions of aquaculture licences N.I.

(1) An aquaculture licence shall define the position and limits of the licensed area by reference to a map or chart, either with or without descriptive matter (which, in the case of any discrepancy with the map or chart, shall prevail except in so far as may otherwise be provided by the licence).

(2) Where any consent mentioned in section 52A(4) was given subject to any conditions or limitations, the licence shall be subject to such conditions or limitations and such fact shall be stated in the licence.

(3) An aquaculture licence may contain such other conditions as the Commission shall determine.

(4) Without prejudice to the generality of subsection (3), conditions contained in an aquaculture licence may relate to any of the following—

(a) operational practices;

(b) monitoring and protection of the health of fish, aquatic invertebrate animals or aquatic plants and the reporting of incidences of disease and the presence of parasites;

(c) monitoring and inspection of the activities carried on pursuant to the licence;

(d) the type of ropes, trestles, fish cages or other equipment or structures which may be located within the licensed area;

(e) the marking, by buoys or otherwise, of the limits of the licensed area or any part of it, or of the location of ropes, trestles, fish cages or other structures within the licensed area;

(f) the keeping of records by the holder of the licence;

(g) the making of returns and the giving of other information to the Commission in relation to activities in the licensed area;

(h) the protection of the environment (including the man-made environment of heritage value) and the control of discharges from the licensed area;

(i) appropriate environmental, water quality and biological monitoring and, in particular, the provision of samples, or of facilities for taking samples in the licensed area;

(j) in relation to the farming or culture of fish—

(i) the amount of feed inputs;

(ii) annual or seasonal limits on stock inputs and outputs and the amount of stock in the licensed area or in any part of it;

(iii) the disposal of dead fish;

(iv) measures for preventing the escape of fish and arrangements for reporting any such escape;

(v) the movement of fish within, and in to or out of, the licensed area;

(k) the payment of any prescribed fee in relation to the licence.

(5) An aquaculture licence may, in so far as is expedient for the purpose of giving effect to any conditions attached to it, exempt—

(a) the holder of the aquaculture licence and any person acting under his directions; and

(b) a person who acquires fish of any kind taken in accordance with such conditions,

from the restrictions imposed by section 34 or regulations made under section 13(gg) in so far as those restrictions apply to fish of that kind.]

F1 Pt. VIA (ss. 52A-52X) inserted (1.6.2008 so far as inserting for certain purposes ss. 52B, 52C, 52G, 52H, 52M, 52N, 52O, 52P, 52U and 52X, otherwise prosp.) by Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 (S.I. 2007/915 (N.I. 9)), arts. 1(3), 3(1) (with art. 32); S.R. 2008/232, art. 2, Sch.