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2003 No. 524

FISHERIES

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

  Made 9th December 2003 
  Coming into operation 1st 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 1999[1] and section 5(1) of the British-Irish Agreement (Amendment) Act 2002[2]) and 13(2) of the Foyle Fisheries Act 1952[3] 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) 1952[4] and now vested in it[5] 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 2002[6] and section 5(1) of the British-Irish Agreement (Amendment) Act 2002, hereby makes the following Regulations:

Citation and commencement
     1. 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 2001
    
2. The Foyle and Carlingford Area (Licensing of Fishing Engines) Regulations 2001[7] shall be amended as provided in regulations 3 and 4.

Interpretation
     3. 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 fees
    
4. 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 1959[8] 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[9] 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"


Revocation
    
5. Regulation 5 of the Foyle Area and Carlingford Area (Licensing of Fishing Engines) (Amendment) Regulations 2003[10] is hereby revoked.



Given under the Seal of the Foyle, Carlingford and Irish Lights Commission on


9th December 2003.

L.S.


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.


EXPLANATORY NOTE

(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


Notes:

[1] Legislation of the Republic of Irelandback

[2] Legislation of the Republic of Irelandback

[3] Legislation of the Republic of Irelandback

[4] 1952 c.5 (N.I) as amended by S.I. 1999/859back

[5] By S.I. 1999/859 Article 21(1)back

[6] Cm 5708back

[7] S.R. 2001 No. 397 as amended by S.R. 2003 No. 114back

[8] Legislation of the Republic of Irelandback

[9] Legislation of the Republic of Irelandback

[10] S.R. 2003 No. 114back



ISBN 0 33795365 1


  © Crown copyright 2003

Prepared 30 January 2004
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