Foyle Area and Carlingford Area (Licensing of Fishing Engines) (Amendment No. 2) Regulations 2003

Made9th December 2003

Coming into operation1st January 2004

The Foyle Carlingford and Irish Lights Commission, in exercise of its powers under section 13(1) (amended by section 34(3) of the British-Irish Agreement Act 19991 and section 5(1) of the British-Irish Agreement (Amendment) Act 20021) and 13(2) of the Foyle Fisheries Act 19521 which stand transferred to it under section 34(1) of the British-Irish Agreement Act 1999, and in exercise of the powers conferred by section 13(1) and (2) of the Foyle Fisheries Act (Northern Ireland) 19522 and now vested in it3 and of every other power enabling it in that behalf, with the approval of the Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland, under the agreement made between those Governments on 19th November 20024 and section 5(1) of the British-Irish Agreement (Amendment) Act 2002, hereby makes the following Regulations:

Citation and commencement1.

These Regulations may be cited as the Foyle Area and Carlingford Area (Licensing of Fishing Engines) (Amendment No. 2) Regulations 2003 and shall come into operation on 1st January 2004.

Amendment of the Foyle and Carlingford Area (Licensing of Fishing Engines) Regulations 20012.

The Foyle and Carlingford Area (Licensing of Fishing Engines) Regulations 20015 shall be amended as provided in regulations 3 and 4.

Interpretation3.

In regulation 2 (interpretation) for the definition of “coarse fishing rod licence” there shall be substituted the following definition –

““coarse fishing rod licence” means a fishing licence issued by the Commission for two rods and lines to fish for, take and kill eels and coarse fish;”.

Fishing licence fees4.

For the Schedule there shall be substituted the following Schedule –

“SCHEDULE
Regulations 3, 4, 5, 6, 7 and 8
PART I
Fishing licence fee
Description of fishing engine
£
Draft Net used wholly or partly in the tidal waters of the River Foyle between the confluence of the Rivers Mourne and Finn and an imaginary straight line drawn across the River Foyle to join the points where the southernmost boundary of the County of Londonderry meets the river on each side
168·00
243·00
Draft Net used wholly or partly in the River Roe upstream of the defined mouth
177·00
256·00
Draft Net used wholly in the waters of the Foyle Area elsewhere than in –
(a)
the tidal waters of the River Foyle between the confluence of the Rivers Mourne and Finn and an imaginary straight line drawn across the River Foyle to join the points where the southernmost boundary of the County of Londonderry meets the river on each side; or
(b)
the River Roe upstream of the defined mouth
136·00
197·00
Drift Net used wholly to seaward of Lough Foyle (the seaward limit of which, for the purpose of these Regulations, shall be deemed to be an imaginary straight line drawn between Greencastle Fort in the County of Donegal and the Martello Tower at Magilligan Point in the County of Londonderry)
237·00
343·00
Drift Net used wholly in Lough Foyle, south of the seaward limit of Lough Foyle as aforesaid
237·00
343·00
Drift Net used partly in the said Lough Foyle and partly seaward of the seaward limit of Lough Foyle as aforesaid
259·00
374·00
PART II
Fishing licence fee
Description of fishing engine
£
Stake Net
546·00
790·00
Bag Net
328·00
474·00
Fixed Draft Net
342·00
495·00
PART III
Fishing licence fee
Description of fishing engine
£
Season Game Fishing Rod and Line Licence
15·00
21·50
Fourteen Day Game Fishing Rod and Line Licence
7·50
11·50
Three Day Game Fishing Rod and Line Licence
3·50
5·00
Season Game Fishing Rod and Line Licence to be issued to a person under the age of eighteen
2·00
3·00
Season Game Fishing Rod and Line Licence provided applicant can produce at the time of application a season game fishing rod licence for the time being in force and issued by the Fisheries Conservancy Board for Northern Ireland or a salmon rod (annual) ordinary licence for the time being in force and issued under section 67 of the Fisheries (Consolidation) Act 19596 or a salmon rod (annual) (district) ordinary licence, for the time being in force and issued under section 16 of the Fisheries (Amendment) Act 19916
1·00
1·50
Season Coarse Fishing Rod and Line Licence
15·00
21·50
Season Coarse Fishing Rod and Line Licence to be issued to a person under the age of eighteen.
2·00
3·00”

	Fishing licence fee
Draft Net used wholly or partly in the tidal waters of the River Foyle between the confluence of the Rivers Mourne and Finn and an imaginary straight line drawn across the River Foyle to join the points where the southernmost boundary of the County of Londonderry meets the river on each side	168·00	243·00
Draft Net used wholly or partly in the River Roe upstream of the defined mouth	177·00	256·00
Draft Net used wholly in the waters of the Foyle Area elsewhere than in –
(a) the tidal waters of the River Foyle between the confluence of the Rivers Mourne and Finn and an imaginary straight line drawn across the River Foyle to join the points where the southernmost boundary of the County of Londonderry meets the river on each side; or
(b) the River Roe upstream of the defined mouth	136·00	197·00
Drift Net used wholly to seaward of Lough Foyle (the seaward limit of which, for the purpose of these Regulations, shall be deemed to be an imaginary straight line drawn between Greencastle Fort in the County of Donegal and the Martello Tower at Magilligan Point in the County of Londonderry)	237·00	343·00
Drift Net used wholly in Lough Foyle, south of the seaward limit of Lough Foyle as aforesaid	237·00	343·00
Drift Net used partly in the said Lough Foyle and partly seaward of the seaward limit of Lough Foyle as aforesaid	259·00	374·00

	Fishing licence fee
Stake Net	546·00	790·00
Bag Net	328·00	474·00
Fixed Draft Net	342·00	495·00

	Fishing licence fee
Season Game Fishing Rod and Line Licence	15·00	21·50
Fourteen Day Game Fishing Rod and Line Licence	7·50	11·50
Three Day Game Fishing Rod and Line Licence	3·50	5·00
Season Game Fishing Rod and Line Licence to be issued to a person under the age of eighteen	2·00	3·00
Season Game Fishing Rod and Line Licence provided applicant can produce at the time of application a season game fishing rod licence for the time being in force and issued by the Fisheries Conservancy Board for Northern Ireland or a salmon rod (annual) ordinary licence for the time being in force and issued under section 67 of the Fisheries (Consolidation) Act 19596 or a salmon rod (annual) (district) ordinary licence, for the time being in force and issued under section 16 of the Fisheries (Amendment) Act 19916	1·00	1·50
Season Coarse Fishing Rod and Line Licence	15·00	21·50
Season Coarse Fishing Rod and Line Licence to be issued to a person under the age of eighteen.	2·00	3·00”

Revocation5.

Regulation 5 of the Foyle Area and Carlingford Area (Licensing of Fishing Engines) (Amendment) Regulations 20037 is hereby revoked.

Given under the Seal of the Foyle, Carlingford and Irish Lights Commission on 9th December 2003.

R. J. D. Anderson

Chief Executive of the Loughs Agency

Approved by the Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland on 9th December 2003.

T. O'Connor

P. Smyth

being persons authorised by those Governments to signify approval on their behalf.

(This note is not part of the Regulations.)

These Regulations amend the Foyle and Carlingford Area (Licensing of Fishing Engines) Regulations 2001 by –

(a)

providing for a coarse fishing rod licence to authorise the use of two rods and lines to fish for, take and kill eels and coarse fish;

(b)

prescribing new licence fees for 2004; the 2004 fees and the increases/decreases from 2003 are as follows:

	2003	2004	Increase/Decrease	2003	2004	Increase/Decrease
	£	£	£
Draft Net used in certain tidal waters on the River Foyle	163·00	168·00	+5·00	261·00	243·00	−18·00
Draft Net used in River Roe upstream of the defined mouth	172·00	177·00	+5·00	275·00	256·00	−19·00
Draft Net used in the Foyle Area other than in certain tidal waters of the Rivers Foyle and Roe	132·00	136·00	+4·00	212·00	197·00	−15·00
Drift Net used only at sea	230·00	237·00	+7·00	368·00	343·00	−25·00
Drift Net used only in Lough Foyle	230·00	237·00	+7·00	368·00	343·00	−25·00
Drift Net used in Lough and Sea	251·00	259·00	+8·00	402·00	374·00	−28·00
Stake Net used in Lough and Sea	530·00	546·00	+16·00	848·00	790·00	−58·00
Bag Net used in Lough and Sea	318·00	328·00	+10·00	509·00	474·00	−35·00
Fixed Draft Net used in Lough and Sea	332·00	342·00	+10·00	532·00	495·00	−37·00
Season Game Fishing Rod and Line	21·50	15·00	−6·50	32·00	21·50	−10·50
Fourteen Day Game Fishing Rod and Line	10·50	7·50	−3·00	15·50	11·00	−4·50
Three Day Game Fishing Rod and Line	5·00	3·50	−1·50	7·50	5·00	−2·50
Season Game Fishing Rod and Line to be issued to a person under the age of eighteen	2·00	2·00	NIL	3·00	3·00	NIL
Season Game Fishing Rod and Line provided applicant holds a season game fishing rod licence for the time being in force and issued by the Fisheries Conservancy Board for Northern Ireland or a salmon rod (annual) ordinary licence for the time being in force and issued under section 67 of the Fisheries (Consolidation) Act 1959 in the Republic of Ireland or a salmon rod (annual) (district) ordinary licence for the time being in force and issued under section 16 of the Fisheries (Amendment) Act 1991 in the Republic of Ireland	1·00	1·00	NIL	1·50	1·50	NIL
Season Coarse Fishing Rod and Line Licence	8·00	15·00	+7·00	12·00	21·50	+9·50
Season Coarse Fishing Rod and Line Licence to be issued to a person under the age of eighteen.	2·00	2·00	NIL	3·00	3·00	NIL

	Fishing licence fee
Description of fishing engine	£
Draft Net used wholly or partly in the tidal waters of the River Foyle between the confluence of the Rivers Mourne and Finn and an imaginary straight line drawn across the River Foyle to join the points where the southernmost boundary of the County of Londonderry meets the river on each side	168·00	243·00
Draft Net used wholly or partly in the River Roe upstream of the defined mouth	177·00	256·00
Draft Net used wholly in the waters of the Foyle Area elsewhere than in –
(a) the tidal waters of the River Foyle between the confluence of the Rivers Mourne and Finn and an imaginary straight line drawn across the River Foyle to join the points where the southernmost boundary of the County of Londonderry meets the river on each side; or
(b) the River Roe upstream of the defined mouth	136·00	197·00
Drift Net used wholly to seaward of Lough Foyle (the seaward limit of which, for the purpose of these Regulations, shall be deemed to be an imaginary straight line drawn between Greencastle Fort in the County of Donegal and the Martello Tower at Magilligan Point in the County of Londonderry)	237·00	343·00
Drift Net used wholly in Lough Foyle, south of the seaward limit of Lough Foyle as aforesaid	237·00	343·00
Drift Net used partly in the said Lough Foyle and partly seaward of the seaward limit of Lough Foyle as aforesaid	259·00	374·00