FISHERIES ACT (NORTHERN IRELAND) 1966 - SECT 136 Offences with respect to licensed shell-fish fishery.

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FISHERIES ACT (NORTHERN IRELAND) 1966 - SECT 136

Offences with respect to licensed shell-fish fishery.

136.(1) If any person other than the licensee or a person employed by him
knowingly does within the licensed area any of the following things

(a)uses any implement, except a fishing engine constructed or adapted solely
for catching free swimming fish and so used as not to disturb or injure in any
manner the fishery or any shell-fish in it; or

(b)dredges for any ballast or substance except under lawful authority for
improving the navigation; or

(c)deposits any stone, ballast, rubbish or substance; or

(d)without prejudice to paragraph (e), places any implement, apparatus,
material, substance or thing that is prejudicial or likely to be prejudicial
to the fishery or any shell-fish, except for a lawful purpose of navigation or
anchorage; or

(e)where the limits of the area or any part of it are buoyed or otherwise
marked with the consent in writing of the Secretary of State, beaches any
vessel within those limits otherwise than because of actual or apprehended
damage to the vessel, under stress of weather or with the consent in writing
of the licensee; or

(f)disturbs or injures in any manner, except as permitted by virtue of
paragraph (d) or (e), the fishery or any shell-fish in it; or

(g)damages or interferes with any raft, tray or other structure or device
moored, erected or deposited by the licensee or any predecessor of his; or

(h)interferes with or takes away any shell-fish from the fishery without the
consent in writing of the licensee,

(2) Without prejudice to Article 3 of the Criminal Justice (Northern Ireland)
Order 1980 (compensation orders against convicted persons), where a person
does any act in contravention of subsection (1), then, whether he has or has
not been prosecuted for or convicted of an offence under that subsection, he
shall be liable to compensate the licensee for all damage sustained by the
licensee by reason of that act, and such compensation shall be recoverable by
the licensee by action in any court of competent jurisdiction.

(3) For the purpose of subsection (1)(e) a document purporting to certify that
any limits were buoyed or otherwise marked with the consent of the Secretary
of State, to give particulars of the buoys or markers authorised in the
document conveying the consent, and to be signed on behalf of the Secretary of
State shall be received as evidence of the matters stated in it.

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Northern Irish Legislation

FISHERIES ACT (NORTHERN IRELAND) 1966 - SECT 136