Fisheries (Tagging and Logbook) Byelaws (Northern Ireland) 2001

Prospective

Statutory Rules of Northern Ireland

2001 No. 291

FISHERIES

Fisheries (Tagging and Logbook) Byelaws (Northern Ireland) 2001

Made

24th July 2001

Coming into operation

3rd September 2001

The Fisheries Conservancy Board for Northern Ireland, in exercise of the powers conferred on it by sections 26(1) and 37(1) of the Fisheries Act (Northern Ireland) 1966(1) and of every other power enabling it in that behalf, with the approval of the Department of Culture, Arts and Leisure(2), hereby makes the following Byelaws:

Prospective

Citation and commencement N.I.

1.  These Byelaws may be cited as the Fisheries (Tagging and Logbook) Byelaws (Northern Ireland) 2001 and shall come into operation on 3rd September 2001.

Commencement Information

I1 S. 1 in operation at 3.9.2001, see byelaw 1

Interpretation N.I.

2.  In these Byelaws—

“the Act” means the Fisheries Act (Northern Ireland) 1966;

“authorised agent” means a person through whom the Board issues certain fishing licences;

“authorised person” means—

(a)

a member of the Royal Ulster Constabulary; or

(b)

an officer appointed by the Department of Culture, Arts and Leisure; or

(c)

an officer of the Board; or

(d)

a private water bailiff; or

(e)

any person who is a British sea-fishery officer for the purposes of the Sea Fisheries Acts (as defined by section 19(1) of the Sea Fisheries Act 1968(3));

“bag net” means a net consisting of a single wall of netting and leader, one end fixed to the shore and running seawards to a floating fixed trap or cage of netting, enclosed on sides, bottom and top, except at the entrance from the leader; and with one or more sets of inscales and described in a certificate issued under the Salmon Fishery (Ireland) Act 1863(4) as a bag net;

“dealer” means the holder of a dealer’s licence granted under Part VII of the Act authorising the holder to sell salmon and trout;

“draft net” means a single wall of netting loosely hung on ground and head ropes with the outer ends or wings leading to a funnel and a bag or tail into which the catch is drafted or hauled;

“drift net” means a single sheet or wall of netting attached to a floating head rope and a weighted ground rope, designed to drift freely at the surface of the water;

“export” in relation to a wild salmon or sea trout means consign by any means to a place outside the Republic of Ireland and Northern Ireland;

“farmed salmon or sea trout” means a salmon or sea trout produced in a fish farm;

“fixed tidal draft net” means a net consisting of a single sheet or wall of netting loosely hung on ground and head ropes without trap or cage and fixed at the shoreward and seaward ends and described in a certificate issued under the Salmon Fishery (Ireland) Act 1863 as a fixed draft net;

“game fishing rod licence” means a game fishing rod licence issued pursuant to the Fisheries Byelaws (Northern Ireland) 1997(5);

“gill tag” means a gill tag approved by the Board;

“hand line” means a line held in the hand to which shall be attached not more than a single hook;

“holder” in relation to a logbook, means the person to whom the logbook has been issued under these Byelaws;

“import” in relation to a wild salmon or sea trout means bring by any means into Northern Ireland (other than into the Londonderry Area or the Newry Area) from a place outside the Republic of Ireland and Northern Ireland;

“length” in relation to a sea trout means the distance measured in a straight line from the tip of the nose to the fork of the tail;

“licence-holder” means the holder of a fishing licence;

“logbook” means, as the case may be, a one day angling logbook, a salmon and sea trout angling logbook or a salmon and sea trout commercial fishing logbook;

“named person” means a person who is authorised by the Board under Byelaw 14 of the Fisheries Byelaws (Northern Ireland) 1997 to act in the absence of a licence-holder;

“officer of the Board” has the meaning given to it by section 166(1) of the Act(6);

“one day angling logbook” means a logbook as set out in the format prescribed in Schedule 1;

“processing” in relation to a wild salmon or sea trout, includes cutting any steaks, cutlets or other portions of salmon or sea trout immediately prior to their being offered or exposed for sale;

“register” means a register in the form set out in Schedule 2;

“salmon and sea trout angling logbook” means a logbook as set out in the format prescribed in Schedule 3;

“salmon and sea trout commercial fishing logbook” means a logbook as set out in the format prescribed in Schedule 4;

“supply” includes supply by way of gift or sale;

“tag” means a gill tag or a tail tag;

“tail tag” means a tail tag approved by the Board;

“tidal draft net” means a net used in tidal waters consisting of a single sheet or wall of netting loosely hung on ground and head ropes into which the catch is drafted or hauled;

“wild salmon” means an Atlantic salmon salmo salar which is not a farmed salmon; and

“wild sea trout” means a sea trout salmo truta over 50cms in length which is not a farmed sea trout.

Commencement Information

I2 S. 2 in operation at 3.9.2001, see byelaw 1

Tagging of wild salmon and sea trout N.I.

3.—(1) Any person, who is licensed pursuant to byelaws made under the Act to use a fishing engine to fish for wild salmon or sea trout who captures and retains a wild salmon or sea trout, shall, in the manner set out in paragraphs (2) and (3), affix or cause to be affixed to it an appropriate gill tag.

(2) A gill tag shall be affixed to a wild salmon or sea trout by inserting it through the mouth of the fish to emerge from the gill opening and fully securing it using the locking mechanism so that it cannot be removed from the fish without tampering with the lock, breaking or cutting the tag or without cutting or tearing any part of the fish.

(3) Any wild salmon or sea trout captured by—

(a) a drift net shall be tagged, in accordance with paragraph (2), as soon as is practicable after capture, but before it is removed from the boat on which it was caught;

(b) a draft net, bag net, fixed tidal draft net, tidal draft net, salmon boxes, hand line or rod and line shall be tagged, in accordance with paragraph (2), immediately on landing the fish.

(4) In this Byelaw “an appropriate gill tag” means—

(a) in a case where the wild salmon or sea trout was captured by drift netting, a red gill tag;

(b) in a case where the wild salmon or sea trout was captured by rod and line or hand line, a blue gill tag;

(c) in a case where the wild salmon or sea trout was captured by bag net, fixed tidal draft net, tidal draft net or salmon boxes, an orange gill tag;

(d) in a case where the wild salmon or sea trout was captured by a draft net, other than a draft net mentioned in sub-paragraph (c), a green gill tag;

and which, in each case, meets the requirements set out in paragraph (5).

(5) The requirements mentioned in paragraph (4) are that—

(a) the gill tag has the current calendar year marked on it;

(b) the gill tag has the letters “FCB” marked on it;

(c) the gill tag bears a tag number entered in a logbook issued under these Byelaws to the holder of the fishing licence by whom or whose behalf the salmon or sea trout was captured;

(d) the gill tag shall not be damaged or altered in any respect; and

(e) the details marked on the gill tag shall be legible.

Commencement Information

I3 S. 3 in operation at 3.9.2001, see byelaw 1

Issue of gill tags to holders of fishing licences N.I.

4.—(1) Any person holding a game fishing rod licence shall be issued by the distributor with a sufficient number of gill tags to enable him to comply with these Byelaws.

(2) Any person holding a fishing licence, other than a game fishing rod licence, shall be issued by the Board with a sufficient number of gill tags to enable him to comply with these Byelaws.

(3) In this Byelaw “the distributor” means the Board or authorised agent through whom the fishing licence was issued.

Commencement Information

I4 S. 4 in operation at 3.9.2001, see byelaw 1

Prohibitions N.I.

5.—(1) Subject to the provisions of these Byelaws, a person shall not—

(a) remove a tag that is affixed to a wild salmon or sea trout;

(b) affix a tag to any wild salmon or sea trout which has been unlawfully captured;

(c) sell, offer or expose for sale, export or tranship at sea any wild salmon or sea trout which has not had a tag affixed to it;

(d) have in his possession any wild salmon or sea trout which has been captured and retained whether by him or another person and which has not had a tag affixed to it;

(e) forge or alter any tag or cause or permit any tag to be forged or altered;

(f) sell, offer or expose for sale, wild salmon or sea trout as being farmed salmon or sea trout;

(g) knowingly give false information to obtain a tag;

(h) import a wild salmon or sea trout for the purpose of selling it unless a tail tag is affixed to that salmon or sea trout, in the manner described in paragraph (4), prior to, or as soon as practicable after, its importation.

(2) A person other than the Board or an authorised agent shall not supply a gill tag.

(3) A person other than the Board shall not supply a tail tag.

(4) A tail tag shall be affixed to a wild salmon or sea trout by attaching it around the tail of the fish and fully securing it using the locking mechanism in such a manner as to ensure that the tag remains fixed to the fish.

(5) Paragraph (1)(a) shall not apply to any person who is preparing a tagged salmon or sea trout for his own consumption or for cooking, processing or smoking provided that the tag was removed at the time of preparation for consumption, cooking, processing or smoking.

(6) Paragraph (1)(d) shall not apply where a wild salmon or sea trout has been captured by a drift net until the wild salmon or sea trout has been removed from the boat on which it has been caught.

Commencement Information

I5 S. 5 in operation at 3.9.2001, see byelaw 1

Issue and return of logbooks N.I.

6.—(1) The Board shall issue a salmon and sea trout commercial fishing logbook to the holder of a fishing licence other than a game fishing rod licence.

(2) A salmon and sea trout commercial fishing logbook shall relate to one fishing licence only.

Commencement Information

I6 S. 6 in operation at 3.9.2001, see byelaw 1

7.  The Board or an authorised agent shall issue—

(a) a salmon and sea trout angling logbook to the holder of a game fishing rod licence other than a one day game fishing rod licence;

(b) a one day angling logbook to the holder of a one day game fishing rod licence.

Commencement Information

I7 S. 7 in operation at 3.9.2001, see byelaw 1

8.—(1) The holder of a logbook shall have the logbook in his possession when fishing for salmon or sea trout under the authority of the fishing licence to which the logbook relates.

(2) The holder of a logbook shall, upon the request of an authorised person, produce the logbook for examination by the authorised person.

(3) Where an event has occurred in respect of which it is appropriate to make an entry in a logbook, the entry shall be made by the holder of the logbook before midnight on the day on which the event occurred.

(4) The holder of a logbook shall send the logbook, duly completed, to the Board within 21 days after the end of the period for which the fishing licence to which the logbook relates was in force together with all unused tags in his possession.

(5) The holder of a logbook shall report any loss or destruction of the logbook, as soon as possible, to the Board.

(6) Where the person who issued a logbook is satisfied that it has been lost or destroyed, he shall replace it.

Commencement Information

I8 S. 8 in operation at 3.9.2001, see byelaw 1

Authorised agents N.I.

9.—(1) An authorised agent shall—

(a) keep any gill tags and logbooks in his possession in a secure place;

(b) enter in a logbook being issued by him, in the manner set out in Schedule 1 or, as the case may be, Schedule 3, details of any tags being issued at the same time by him to the recipient of the logbook;

(c) keep and maintain a register in the form set out in Schedule 2.

(2) A register kept and maintained by an authorised agent may be kept and maintained by means of a computer.

(3) An officer of the Board may, by notice in writing, require an authorised agent to produce for examination—

(a) the register kept and maintained by him or any extract from it; and

(b) any gill tags or logbooks in his possession,

at such place and reasonable time as may be specified in the notice and the authorised agent shall comply with any such notice.

Commencement Information

I9 S. 9 in operation at 3.9.2001, see byelaw 1

Dealers N.I.

10.—(1) Subject to paragraph (2) where at any time during the period beginning with the date of the coming into operation of these Byelaws and ending 21 days thereafter a dealer has any wild salmon or sea trout in his possession to which a tag has not been affixed, he shall affix a tail tag to that salmon or sea trout by attaching it around the tail of the fish and fully securing it using the locking mechanism in such a manner as to ensure that the tag remains fixed to the fish.

(2) Paragraph (1) shall not apply to any wild salmon or sea trout mentioned therein which is sold by the dealer within the period of one month beginning with the date of the coming into operation of these Byelaws and accordingly Byelaw 5(1)(a), (c), (d) and (h) shall not apply in relation to any such wild salmon or sea trout.

(3) A dealer shall be issued by the Board with a sufficient number of tail tags to enable him to comply with these Byelaws.

(4) Any tag removed from a wild salmon or sea trout by or on behalf of a dealer during preparation of the fish for cooking, processing or smoking shall be retained by the dealer for a period of three months from the date of removal and shall be made available for inspection by an officer of the Board at any time during that period.

Commencement Information

I10 S. 10 in operation at 3.9.2001, see byelaw 1

Transitional provision N.I.

11.  Byelaw 5(1)(c) and (d) shall not apply to any person other than a dealer in respect of any wild salmon or sea trout which has been lawfully captured and retained before the coming into operation of these Byelaws.

Commencement Information

I11 S. 11 in operation at 3.9.2001, see byelaw 1

Sealed with the Common Seal of the Fisheries Conservancy Board for Northern Ireland on 24th July 2001.

L.S.

R. F. Galbraith

Deputy Chairman

L.S.

K. A. Simpson (Mrs.)

Secretary

The Department of Culture, Arts and Leisure hereby approves the foregoing Byelaws.

Sealed with the Official Seal of the Department of Culture, Arts and Leisure on 24th July 2001.

L.S.

N. Carson

A senior officer of the

Department of Culture, Arts and Leisure

Prospective

Byelaws 2 and 9

SCHEDULE 1 N.I. One Day Angling Logbook

Commencement Information

I12 Sch. 1 in operation at 3.9.2001, see byelaw 1

Byelaws 2 and 9

SCHEDULE 2 N.I. Issues Register

Commencement Information

I13 Sch. 2 in operation at 3.9.2001, see byelaw 1

Byelaws 2 and 9

SCHEDULE 3 N.I. Salmon and Sea Trout Angling Logbook

Commencement Information

I14 Sch. 3 in operation at 3.9.2001, see byelaw 1

Byelaw 2

SCHEDULE 4 N.I. Salmon and Sea Trout Commercial Fishing Logbook

Commencement Information

I15 Sch. 4 in operation at 3.9.2001, see byelaw 1

Prospective

Explanatory Note

(This note is not part of the Byelaws.)

These Byelaws—

(a) require every person who is licensed pursuant to byelaws made under the Fisheries Act (Northern Ireland) 1966 (“the Act”) to fish for wild salmon and sea trout to affix a gill tag to every wild salmon or sea trout captured and retained by him (Byelaw 3);

(b) provide for the issue of gill tags to such persons (Byelaw 4);

(c) provide for the removal of a tag which is affixed to a wild salmon or sea trout only in specified circumstances (Byelaw 5(1)(a) and (5));

(d) prohibit the affixing of a tag to any wild salmon or sea trout which has been unlawfully captured (Byelaw 5(1)(b));

(e) prohibit the sale, export or transhipment at sea of any wild salmon or sea trout which has not had a tag affixed to it (Byelaw 5(1)(c));

(f) prohibit the possession of any captured and retained wild salmon or sea trout which does not have a tag affixed to it (Byelaw 5(1)(d));

(g) prohibit the forging or alteration of tags (Byelaw 5(1)(e));

(h) prohibit the sale of wild salmon or sea trout as being farmed salmon or sea trout (Byelaw 5(1)(f));

(i) prohibit the giving of false information to obtain a tag (Byelaw 5(1)(g));

(j) prohibit the importation of a wild salmon or sea trout into Northern Ireland (other than into the Londonderry Area or the Newry Area) for the purpose of sale unless a tail tag is affixed to that salmon or sea trout (Byelaw 5(1)(h));

(k) provide for the keeping of logbooks by the holders of fishing licences issued under the Act and the issue and return of such logbooks (Byelaws 6, 7 and 8);

(l) impose requirements on authorised agents (as defined in Byelaw 2) who have possession of gill tags and logbooks for issue by them under these Byelaws (Byelaw 9);

(m) make transitional provision in relation to stocks of wild salmon and sea trout held by dealers and others at the coming into operation of these Byelaws (Byelaws 10 and 11).

(1)

1966 c. 17 (N.I.); section 26(1) was amended by Article 8(3) of the Fisheries (Amendment) (Northern Ireland) Order 1991 (S.I. 1991/1466 (N.I. 13)), and by section 5 of the Fisheries (Amendment) Act (Northern Ireland) 2001 (2001 c. 4 (N.I.)). Section 37 was amended by Article 9 of the Fisheries (Amendment) (Northern Ireland) Order 1991

(2)

Functions transferred by virtue of S.R. 1999 No. 481 Article 3 and Schedule 1

(3)

1968 c. 77

(4)

1863 c. 114 (Ireland)

(5)

S.R. 1997 No. 425 as amended by S.R. 1999 No. 12, S.R. 1999 No. 488 and S.R. 2000 No. 364

(6)

Section 166(1) was amended by the Fisheries (Amendment) (Northern Ireland) Order 1981 (S.I. 1981/227 (N.I. 7)), Article 10(4) and Schedule 5 and by the Fisheries (Amendment) (Northern Ireland) Order 1991, Article 35(1) and Schedule 3, paragraph 8