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

Prospective

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(1));

“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(2) 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(3);

“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(4);

“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

I1 S. 2 in operation at 3.9.2001, see byelaw 1

(1)

1968 c. 77

(2)

1863 c. 114 (Ireland)

(3)

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

(4)

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