DISEASES OF FISH ACT (NORTHERN IRELAND) 1967 - SECT 2 Provisions as to infected waters.

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DISEASES OF FISH ACT (NORTHERN IRELAND) 1967 - SECT 2

Provisions as to infected waters.

2.(1) Where an infected waters order is in force declaring an area to be an
infected area

(a)if that area or part of that area is outside the Londonderry area, any
inspector or water bailiff appointed by and acting on behalf of the Fisheries
Conservancy Board for Northern Ireland; and

(b)if that area or part of that area is or is within the Londonderry area, an
inspector or river watcher appointed by and acting on behalf of the Foyle
Fisheries Commission; and

(c)in either case, an authorised person,

(2) Where an infected waters order is in force declaring an area to be an
infected area, the Ministry, if satisfied that for the protection against
disease of the stock of fish in any waters it is necessary so to do, may in
writing, authorise the owner of any several fishery in that area at any time
in the waters of that fishery to take or kill any fish or remove from those
waters any carcases of fish, notwithstanding that the taking or killing of
fish from those waters would then (but for this subsection) be prohibited by
law, and notwithstanding anything in any agreement or document affecting that
fishery to the contrary, and to do so by such agents and by such methods
(including methods otherwise illegal) as the Ministry may authorise for the
purpose.

(3) Where the owner of a several fishery in any waters or an authorised person
has in pursuance of an authority conferred under this section removed any fish
from those waters, he shall comply with any directions given to him by
the Ministry as to the manner in which those fish are to be dealt with or
disposed of, and, if he neglects or fails to comply with any such directions
or with the provisions of subsection (4) he shall be guilty of an offence
against this Act.

(4) Where an infected waters order is in force declaring an area to be an
infected area, any owner of a several fishery in any waters in that area who
(whether acting pursuant to any authority given to him by the Ministry under
subsection (2) or otherwise) removes or knowingly causes or allows to be
removed from those waters any diseased fish or carcases of fish shall, within
seven days or such longer time as the Ministry may allow, notify to
the Ministry the number, species and description of the fish so removed and
shall furnish to the Ministry such further information respecting such fish as
the Ministry may reasonably require.

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Northern Irish Legislation

DISEASES OF FISH ACT (NORTHERN IRELAND) 1967 - SECT 2