United Kingdom Legislation

1.

Responsibility of the Ministry for fisheries in Northern Ireland.

— (1) Subject to the provisions of this Act, the Ministry of Agriculture (in this Act referred to as “ the Ministry ” ) shall be responsible in Northern Ireland for the supervision and protection of fisheries and for fostering the establishment and development of fisheries, and for those purposes shall exercise the functions conferred on the Ministry by this Act. (2) Subsection (1) shall have effect without prejudice to any provision of the Foyle Fisheries Acts.

1A.

Promotion of angling.

The Department may promote angling and for that purpose may —

2.

Acquisition and development of waters for angling.

— (1) The Ministry shall have power to acquire by agreement fishing rights in any inland waters, for the purpose of developing or improving facilities for angling, and accordingly may, so far as is reasonably necessary for or is incidental to that purpose, so acquire — (2) Where fishing rights in respect of any waters have been acquired by the Ministry under subsection (1), the Ministry may do all such things as are necessary or expedient for the proper development of those waters, and of any land acquired under that subsection, for angling or for the provision of facilities or amenities for persons authorised by the Ministry to enter thereon. (3) Without prejudice to the generality of the provisions of subsection (2), the things that may be done in exercise of the powers conferred by that subsection shall include —

(a)

the provision of proper means of access to waters used or capable of being used for angling, including the provision of roads, stiles, jetties, quays or boats;

(b)

the removal or exclusion from any such waters of any predatory animal or of either any other animal or any plant, organism or substance which is harmful to fish of a particular kind or the food of fish; and

(c)

the stocking of any such waters with fish in pursuance of section 10.

3.

Development of derelict waters for angling.

— (1) This section applies where — (2) The Department may —

(a)

undertake the development of those waters for angling; or

(b)

authorise an approved developer to undertake such development in accordance with an approved scheme submitted to the Department by that developer.

(3) Before undertaking or authorising the development of any waters in pursuance of subsection (2), the Department shall on at least two occasions and at intervals of not less than 14 days publish in one or more than one newspaper circulating in the locality in which the waters are situated and in the Belfast Gazette, a notice —

(a)

containing particulars sufficient to identify the waters;

(b)

stating that the Department proposes to develop those waters or, as the case may be, that the Department proposes to authorise their development in accordance with a scheme;

(c)

indicating in a general manner the Department's proposals for such development or, as the case may be, the nature of the scheme;

(d)

specifying, where the Department proposes to authorise such development in accordance with a scheme, the name and address of the approved developer who has submitted the scheme and the name and address of a place at which copies of the scheme may be inspected at reasonable times; and

(e)

calling upon any person who claims any right of fishing in those waters or who objects to their development, to notify the Department of his claim, or of his objection and of the grounds thereof, within such period as may be specified in the notice, being a period expiring no earlier than 28 days from the date of the second notice so published.

(4) The Department shall serve a copy of any notice published under subsection (3) upon every person who appears to the Department to be an owner of land adjoining the waters in question. (5) Where —

(a)

a notice has been published under subsection (3) with respect to any waters; and

(b)

any person notifies the Department of his claim to fishing rights in those waters or any part thereof and produces to the Department prima facie evidence of his title,

the Department shall not, with respect to those waters or, as the case may be, any such part thereof, take any further action under this section. (6) Where —

(a)

a notice has been published under subsection (3) with respect to any waters; and

(b)

any person notifies the Department of his objection and of the grounds thereof,

the Department shall consider that objection unless, in its opinion, the objection is vexatious, frivolous or insubstantial. (7) Nothing in subsection (5) or (6) shall prejudice the power of the Department to provide assistance under section 5 for the development or improvement of such waters for angling in accordance with a programme agreed upon under section 6 by the Department and such a person as is mentioned in either of those subsections, or any other power conferred by this Part. (8) If, in relation to the waters referred to in a notice published by the Department under subsection (3) or in relation to any part of those waters —

(a)

no claim to fishing rights is notified to the Department under subsection (5) or no objection is so notified under subsection (6); or

(b)

all claims and objections so notified are withdrawn or disposed of;

the Department —

(i)

may, in accordance with the proposals referred to in the notice, execute such works and do such things as the Department is by section 2(2) and (3) empowered to execute or do in the case of waters the fishing rights in respect of which are owned by the Department; or

(ii)

may authorise the approved developer to implement the approved scheme.

(9) In relation to waters to which subsection (8) applies —

(a)

the Department or, as the case may be, the approved developer may, to the exclusion of any other person, exercise in all respects the rights of the owner of a several fishery;

(b)

the Department may, in particular, issue permits in respect of such waters in accordance with section 7A, or

(c)

the approved developer may, in particular, issue to persons making application therefor permits for periods not exceeding one year authorising them to fish in any such waters, and charge such reasonable sums for the issue of such permits as the approved developer may determine.

(10) Where, under subsection (2), the Department undertakes the development of any waters for angling, those waters shall for the purposes of section 24(b) and of any provision of this Act relating to the protection of waters the fishing rights in which are owned by the Department be deemed to be such waters. (11) Where, under subsection (2), the Department undertakes the development of any waters for angling, the Department may acquire by agreement any estate in land which the Department is satisfied it is expedient to acquire for the exploitation of those waters. (12) In this section and in sections 3A and 4 — “ approved developer ” means —

(a)

any person intending to develop any waters for angling, or

(b)

any body or association of persons established for or having among its objects such development;

and approved by the Department for the purposes of this section; “ scheme ” means a scheme submitted to the Department under section 3A, and “ approved scheme ” means such a scheme which has been approved by the Department under that section; and “ waters ” include any part thereof. (13) The Department shall not approve a developer for the purposes of this section unless it is satisfied that the development will provide —

(a)

angling for members of the public or a section thereof, or

(b)

angling associated with a catering establishment registered in a register maintained under paragraph (a), (b) or (c) of section 10(1) of the Development of Tourist Traffic Act (Northern Ireland) 1948.

(14) In this section (except subsection (7)) and in sections 3A and 4 references to the development of waters shall be construed as including references to the improvement, maintenance and management of waters. (15) Nothing in this section shall be taken to prejudice the title of any person (including the Department) in relation to fishing rights in waters to which it applies.

3A.

Schemes for development of derelict waters.

— (1) A scheme submitted to the Department for the purposes of section 3 shall be — (2) A fee of such amount as may be prescribed by regulations, made with the approval of the Department of Finance and Personnel, shall be payable by the approved developer on submitting a scheme. (3) The Department may approve a scheme with or without amendments. (4) In considering whether to give its approval to a scheme, the Department shall take into account such matters as are in its opinion appropriate and, in particular —

(a)

the nature of the scheme and its potential effect on other fisheries;

(b)

the financial and other resources available to the developer proposing the scheme;

(c)

the arrangements made by the developer with owners of land to facilitate access to the waters to which the scheme relates; and

(d)

the extent to which those waters, are already open to the public for angling.

(5) Approval of a scheme shall be expressed to expire after the specified period. (6) Approval of a scheme may be —

(a)

given subject to conditions; and

(b)

withdrawn on failure to comply with those conditions.

(7) The Department, on the application of the developer who proposed a scheme or otherwise, may vary an approval so as to —

(a)

restrict the specified period; or

(b)

add, remove or vary conditions to which the approval is subject.

(8) On the expiration of the specified period the approved developer shall cease to occupy the waters forthwith. (9) Nothing in this section shall preclude an approved developer, who has in consequence of subsection (8) ceased to occupy waters, from submitting to the Department a further scheme in respect of those waters. (10) In this section and in section 4 “ the specified period ” means, subject to subsection (11) and section 4(3), such period as the Department may specify in relation to an approved scheme, being a period which expires no less than 5 years and no more than 15 years from the date on which the Department under section 3(2)(b) authorises the approved developer to undertake development of the waters in accordance with the scheme. (11) Where, under subsection (6), the Department withdraws its approval of a scheme, the specified period shall come to an end on the expiration of 30 days from the date on which the Department notifies the approved developer of that withdrawal, and subsection (8) and section 4 shall apply accordingly.

4.

Provisions supplemental to sections 3 and 3A.

— (1) The following provisions of this section shall have effect where — (2) Where the Department is the occupier of the waters, the Department shall be entitled to remain in occupation for the period of 5 years from the date on which the owner produces to the Department proof of his title to the fishing rights in respect of the waters. (3) Where an approved developer is the occupier of the waters, that developer shall be entitled to remain in occupation until the expiration of —

(a)

the period of 5 years from the date on which the owner produces to the Department proof of his title to the fishing rights in respect of the waters, or

(b)

the specified period,

whichever is the earlier. (4) On the expiration of the period for which the occupier is by virtue of subsection (2) or (3) entitled to remain in occupation of the waters, the occupier shall cease to occupy the waters forthwith; but nothing in this subsection or in subsection (3) shall prejudice the Department's powers under section 3A(6) and (7). (5) The occupier shall pay compensation to the owner in respect of its occupation of the waters for the period beginning —

(a)

if the occupier is the Department, on the date when the Department first began to undertake the development of the waters; or

(b)

if the occupier is an approved developer, on the date when the Department authorised that developer to undertake the development of the waters in accordance with an approved scheme;

and ending on the date when, in accordance with subsection (2) or (3), the occupier ceases to be entitled to occupy the waters. (6) Any question as to —

(a)

the sufficiency of any evidence tendered by the owner in proof of his title to the fishing rights;

(b)

whether compensation is payable under subsection (5); or

(c)

the amount of such compensation;

shall, in default of agreement, be referred to and determined by the Lands Tribunal. (7) No proceedings shall be brought under subsection (6) after the expiration of the period of one year from the date on which the occupier is obliged by virtue of section 3A(8) or subsection (4) of this section to cease to occupy the waters. (8) When assessing compensation under subsection (6), the Lands Tribunal shall have regard to —

(a)

the extent to which fishing rights in the waters were exercised by the owner during the 10 years immediately preceding the date when the Department first began to undertake the development of the waters or, as the case may be, authorised the approved developer to undertake such development in accordance with an approved scheme; and

(b)

the value of any development of the waters for angling, undertaken by the occupier.

(9) Occupation of any waters such as are mentioned in subsection (1) shall not confer on the occupier any rights in respect of such waters other than those mentioned in section 3 or this section. (10) In this section — “ the occupier ” means —

(a)

where the Department has undertaken the development of waters for angling, the Department, and

(b)

where the Department has authorised an approved developer to undertake such development in accordance with an approved scheme, that developer;

“ the owner ” has the meaning given in subsection (1)(b).

5.

Payment of grants and execution of works for the development, etc., of waters for angling.

— (1) The Ministry, upon the application of — may, in accordance with the terms of a programme approved by the Ministry under section 6, — (i) make grants to that person or association towards any expenditure reasonably incurred by him or them for the purposes of developing or improving any such waters for angling or of providing or improving facilities or amenities for anglers on or in connection with such waters; (ii) cause such works to be executed and do such things as are expedient for any such purposes. (2) Without prejudice to the generality of paragraph (i) of subsection (1), the purposes for which grants may be made under that paragraph or for which works may be executed or any thing done under paragraph (ii) of that subsection shall include the doing of any thing which may, under section 2(2) and (3), be done by the Ministry in the case of waters the fishing rights in respect of which are owned by the Ministry.

6.

Programme for the development, etc., of waters for angling.

— (1) A person applying to the Ministry under subsection (1) of section 5 for any assistance such as is described in paragraph (i) or (ii) of that subsection, or a person so applying on behalf of any association, shall submit to the Ministry a programme for the development or improvement of the waters with respect to which the application is made, and the Ministry may approve the programme without modification or subject to any modfication that may be agreed upon between the Ministry and the applicant, or may refuse to approve the programme. (2) In determining the amount of any grant for which application is made under section 5(1)(i) or the nature or extent of any works proposed to be executed or thing to be done under section 5(1)(ii), the Ministry shall have regard to —

(a)

the security of tenure of the applicant or, as the case may be, the association or any of their members of any estate in land by virtue of which any right of taking fish in those waters is exercisable by him or them;

(b)

any representations made to the Ministry by any other person who has such an estate in land, and the willingness of any such other person to enter into an agreement with the Ministry or the applicant for the futherance of the purposes of the programme;

(c)

the provisions of the programme with respect to the amount of any financial contribution to be made or work to be done for the purposes of the programme by the person making the application or, as the case may be, the association or any of their members;

(d)

the amount of any contribution to be made for the purposes of the programme by a district council F5 under section 37 of the Local Government (Ireland) Act 1898

1898 c.37

;

(e)

any other sources of financial assistance available to the applicant; and

(f)

the extent to and the terms on which facilities for angling in the waters to which the programme relates will be made available to members of the public or any section thereof.

(3) A programme approved by the Ministry under subsection (1) may be modified with the Ministry's approval, and thereafter shall have effect for the purposes of this section as so modified. (4) Subject to subsection (5), where the Ministry has approved a programme under this section, the Ministry may revoke its approval if, at any time before the carrying out of the programme is completed, it appears to the Ministry —

(a)

that any term of the programme or any condition imposed in connection with the payment of a grant or instalments thereof, or the execution of any works, or the doing of any thing, under section 5 in relation to the programme has not been, or is not likely to be, complied with; or

(b)

that in connection with an application for approval of the programme or of any modification of the programme the applicant gave information which was false or misleading in a material respect;

and if before the revocation any payment is made by way of grant in respect of the programme, the Ministry may recover the payment, or so much thereof as it thinks fair, as a simple contract debt in any court of competent jurisdiction. (5) Before revoking an approval under subsection (4), the Ministry shall —

(a)

give to the applicant or any other person to whom any grant would be payable by the Ministry under the programme, or from whom any payment of such a grant would be recoverable, a written notification of the reasons for the proposed revocation; and

(b)

afford to each such person an opportunity of appearing before and being heard by a person appointed for the purpose by the Ministry; and

(c)

consider the report of the person so appointed and supply a copy of the report to each person who was entitled to appear before the person submitting it.

(6) For the purpose of giving effect to the provisions of a programme to which the Ministry has given its approval under this section, or of securing the observance by any person of conditions attached to such approval, the Ministry may enter into an agreement with any person or association, by or on behalf of whom the programme was submitted, or with any person acting on behalf of such an association, or with any other person such as is referred to in subsection (2)( b ), on such terms and conditions as the Ministry thinks fit; and without prejudice to the generality of the foregoing provisions of this subsection, the agreement may include provisions for ensuring that any disposition by any such person or association of fishing rights over the waters to which the programme relates or of any land held in connection therewith shall be made on such terms as may be appropriate for securing the continued observance of the conditions by his or their successors in title.

7.

Compilation and publication of angling guide.

— (1) The Ministry may enter into arrangements with persons claiming to be entitled to fishing rights in any waters for such persons to supply to the Ministry — (2) The Ministry may publish, or may enter into arrangements with any body established under any enactment for the promotion of the development of tourist traffic in Northern Ireland for the publication of, any particulars or information supplied to the Ministry under subsection (1), in the form of an angling guide. (3) Where the Ministry supplies to any persons copies of an angling guide published by the Ministry under this section, it may make such reasonable charges therefor as will defray any expenses incurred by the Ministry in relation to the preparation and publication of the guide.

7A.

Permits.

— (1) Where the Department owns the fishing rights in any waters — (2) The Department may under subsection (1)(a) issue complimentary permits to persons not ordinarily resident in Northern Ireland and nothing in this Act shall require such persons to make any payment in respect of such permits. (3) Where permits are issued under subsection (1) in relation to any waters, any person who, without obtaining such a permit, uses a fishing engine in those waters, shall be guilty of an offence. (4) Section 45 (offence of falsifying, etc. licences) shall apply in relation to any permit issued under subsection (1) as if —

(a)

for any reference in that section to a fishing licence there were substituted a reference to such a permit, and

(b)

for the reference in paragraph (c) of that section to the Board there were substituted a reference to the Department.

8.

General power for stocking of waters.

Where the Ministry is satisfied — the Ministry may acquire, and may do such things as are necessary to establish in any such waters, any fish of that kind, or any eggs or young thereof.

9.

Power of Ministry to improve fisheries at expense of other persons.

— (1) For the purpose of improving any fishery, the Ministry may by agreement with and at the expense of any other person either execute any works or do any thing which that person is entitled to execute or do. (2) Without prejudice to the generality of subsection (1), the things which may be done by the Ministry in pursuance of an agreement under that subsection shall include any of the things referred to in paragraphs ( a ), ( b ) and ( c ) of section 2(3). (3) The execution of any works or the doing of any thing by the Ministry by agreement with any other person under subsection (1) shall not diminish in any respect any responsibility of that other person for any act or thing done in pursuance of the agreement.

10.

Power of Ministry to establish a fish farm.

— (1) The Ministry may establish and operate an undertaking for the culture of fish (in this Act referred to as a “ fish farm ” ) for the purposes — (2) Where, under subsection (1)( a ), the Ministry provides fish for the purposes of any other person or any association, the Ministry may do so on such terms as it thinks fit, and may in particular do so in consideration of the payment to the Ministry of a sum of money less than the market value of the fish, or without payment, regard being had to —

(a)

any undertaking given to the Ministry by that person or association as to the provision by him or them of facilities for angling by members of the public or any section thereof; or

(b)

any proposals of that person or association (whether or not contained in a programme of angling development under section 6) for the development or improvement of any waters for fishing and for the care and protection of such waters after such development or improvement has been carried out.

11. F8

Fish culture licences.

— (1) Subject to the following provisions of this section and sections 11A and 11C, the Department may by licence (referred to as "a fish culture licence") authorise any person — (2) A fish culture licence —

(a)

may contain such conditions as the Department considers appropriate; and

(b)

shall include, in particular, conditions as to the times and seasons at and the manner in which fish may be taken.

(3) A fish culture licence may, in so far as is expedient for the purpose of giving effect to any such conditions, exempt —

(a)

the holder of the licence and any person acting under his directions, and

(b)

a person who acquires fish of any kind taken in accordance with such conditions,

from the restrictions imposed by section 111 in so far as those restrictions apply to fish of that kind. (4) Without prejudice to subsections (2) and (3), and notwithstanding anything contained in this Act or any regulation or byelaw made under this Act, a person to whom a fish culture licence is granted and any person acting under his directions may, subject to the conditions contained in the licence, do any of the things authorised by the licence. (5) If any person —

(a)

operates a fish farm with respect to which a fish culture licence is not for the time being in force; or

(b)

operates a fish farm with respect to which such a licence is in force, otherwise than in accordance with any conditions attached to the licence,

he shall be guilty of an offence. (6) In this section and in sections 11A and 11B references to the operation of a fish farm include references to such operation in inland or tidal waters or within the seaward limits of the territorial sea adjacent to Northern Ireland.

11A. F9

Applications for fish culture licences.

— (1) An application for a fish culture licence — as the Department may direct. (2) If, on considering an application for a fish culture licence, the Department is minded to grant the licence, the Department shall, except in relation to such classes of applications as it may direct, publish, at the applicant's expense, notice of the application in such two or more newspapers as it considers appropriate, stating the address where and the period (not being less than one month from the date of publication) within which objections in writing to the granting of the licence may be sent to it. (3) If —

(a)

within the period mentioned in subsection (2), the Department receives any objections (not being in the opinion of the Department vexatious, frivolous or insubstantial) which are not withdrawn; and

(b)

those objections are not such as to cause the Department to become minded not to grant the fish culture licence,

the Department shall cause a local public inquiry to be held by the Water Appeals Commission for Northern Ireland (in this Act referred to as “ the Appeals Commission ” ) for the purpose of considering those objections. (4) If, otherwise than after the holding of such an inquiry, the Department is minded not to grant the licence or grants the licence subject to conditions —

(a)

the Department shall give to the applicant a written notification of the reasons why it is minded not to grant the licence or has granted it subject to conditions; and

(b)

the applicant may, within 28 days from the day on which such notification is given, appeal to the Appeals Commission.

(5) Where, under [ F10 Article 9(1) of the Water (Northern Ireland) Order 1999 ] , the consent of the Department of the Environment is required to the discharge of effluent into a waterway in connection with the operation of a fish farm, a fish culture licence shall not be issued in respect of that operation unless such consent is granted. (6) Nothing in this section applies to an application for a fish culture licence which is received by the Department before the date of the coming into operation of Article 6 of the Fisheries (Amendment) (Northern Ireland) Order 1991.

11B. F11

Discharge of effluent.

— (1) Where — the Department of the Environment may, with the approval of the Department, make a direction — (i) that a local public inquiry to be held under section 11A(3) shall also consider any objection (other than one which is withdrawn or is, in the opinion of the Department of the Environment, vexatious, frivolous or insubstantial) received in response to [ F12 the advertisment of the application under paragraph 1 of Schedule 1 to 1999 Order ] , and (ii) that the report on the inquiry shall be delivered to each Department. (2) The Department of the Environment shall give notice of any direction made under subsection (1) to —

(a)

the person making the application;

[ F13 (b)

the Foyle, Carlingford and Irish Lights Commission, where the discharge is to be made in the Londonderry Area or the Newry area; ]

(c)

the Board, where the discharge is to be made outside [ F13 those Areas; ]

and (without prejudice to section 23 of the Interpretation Act (Northern Ireland) 1954) that person and the Foyle Fisheries Commission or, as the case may be, the Board shall be entitled to appear and be heard at the inquiry. (3) [ F12 Article 13(1) of the 1999 Order ] shall not apply to such an application where the Department of the Environment makes a direction under subsection (1) of this section. (4) [ F12 Paragraph 2(2) of Schedule 1 to the 1999 Order shall not apply to any application under paragraph 1 of Schedule 1 to that Order ] for the purpose mentioned in paragraph (b) of subsection (1) of this section. Subs. (5) rep. by 1999 NI 6

11C. F14

Amendment, suspension and revocation of fish culture licences.

— (1) The Department may at any time amend any fish culture licence, either on its own motion or on the application of the holder of the licence. (2) Where the Department proposes to amend any fish culture licence on its own motion, the Department shall —

(a)

give to the holder of the licence a written notification of its intention to do so; and

(b)

state in that notification —

(i) the specific amendment under consideration, and

(ii) the grounds upon which it is proposed to be made.

(3) If the holder of the licence objects to the proposed amendment, he may, within 28 days from the day on which notification is given to him under subsection (2), appeal to the Appeals Commission. (4) A fish culture licence may be suspended or revoked in accordance with the provisions of Schedule 1; and in the application of those provisions for the purposes of this section —

(a)

“ licence ” means a fish culture licence; and

(b)

the references in paragraphs 1 and 3 to the fishery with respect to which the licence was issued shall be construed as references to the fish farm to which the licence relates.

12.

Power of Ministry to conduct or assist research.

The Ministry may, with the approval of the Ministry of Finance, conduct or promote, or assist (by grants or otherwise) any person in conducting, research or investigations into any matter relating to fish or any fishery.

13.

Prohibition of introduction of fish of certain kinds.

— (1) Where the Ministry is satisfied that the introduction into any waters of fish of any particular kind would be detrimental to the fishery of those waters, the Ministry may make an order prohibiting the introduction into such waters of any live fish of that kind or any eggs or young thereof. (2) If any person introduces any thing into any waters in contravention of an order made under subsection (1) he shall be guilty of an offence. (3) Where an order has been made under subsection (1) with respect to any waters, the Ministry may, on the application of any person, issue to that person a permit to introduce into those waters any thing of a kind the introduction of which into those waters is prohibited by the order, and may attach to the permit such conditions as the Ministry thinks proper and specifies in the permit; and a person to whom such a permit has been granted, or any other person acting under his directions, may, subject to the conditions specified in the permit, do anything authorised by the permit without incurring any penalty under this section. (4) An order made under this section shall be subject to negative resolution.

14.

Exemptions for artificial propagation and scientific purposes.

— (1) The Ministry may, by permit in writing and subject to any conditions specified in the permit, authorise any named person to do, at any season of the year, such things as may be specified in the permit for the purpose of the artificial propagation of fish, for some scientific purpose or for the improvement of any fishery, and in particular, without prejudice to the generality of the foregoing, — (2) A permit under subsection (1) shall not authorise anything to be done in relation to a several fishery otherwise than with the consent of the owner of that fishery. (3) Notwithstanding anything contained in this Act or any instrument made thereunder, a person to whom a permit is issued under subsection (1) or any other person acting under the directions of such first-mentioned person may, subject to any conditions specified in the permit, do any of the things authorised by the permit without incurring any penalty under this Act. (4) A person to whom a permit has been given by the Ministry under this section shall, if when doing anything pursuant to the permit he is so requested by an authorised person, produce the permit to that person. (5) In subsection (4), “ authorised person ” has the same meaning as in section 166(1) and (2).

15.

Regulations with respect to eel fishing.

— (1) The Ministry may make such regulations as appear to the Ministry expedient for the management (other than financial), conservation, protection and improvement of the eel fisheries of Northern Ireland, other than the eel fisheries of the Londonderry Area, and, without prejudice to the generality of the foregoing provisions may by such regulations do the following things: — (2) Nothing in this section shall affect the power of the said Board to make byelaws under section 26 with respect to the taking of eels with rod and line. (3) If any person contravenes a regulation made under this section, he shall be guilty of an offence.

[ F15 15A.

Regulations for protection of quality of fish.

— (1) With a view to reducing the risk of deterioration of or damage to fish after capture and before they are brought onto retail premises or, if not so brought, are sold by retail, the Ministry, with the concurrence of the Ministry of Health and Social Services, may make regulations imposing a duty on persons engaged in the business of fishing or of handling, processing, storing, transporting or selling fish, and persons acting on their behalf, to comply with such requirements (including requirements relating to processing, hygiene or temperature; or as to the stowage or exposure of fish; or as to the construction, lay out and equipping of holds in fishing boats or of the parts of such boats, or of premises, used for processing fish; or as to the size, form and material of containers and the manner of packing) as may be prescribed by the regulations. (2) Regulations made under this section may prescribe standards of quality for fish and may limit the purposes for which fish of any of the standards may be used. (3) If any person contravenes a provision of regulations made under this section he shall be guilty of an offence, and if in the case of any fishing boat [ F16 there is a contravention of any such provision, —

(a)

the master of the boat, and

(b)

the charterer, if any, of the boat, or, if there is no charterer, the owner, and

(c)

where there is a charterer and the offence relates to the construction or lay out of any part of the boat, also the owner of the boat,]

shall each be guilty of an offence. (4) In this section “ processing ” in relation to fish includes preserving or preparing the fish, or producing any substance or article from it, by any method for human or animal consumption and “ retail premises ” means any separate and distinct premises, or part of any premises, used solely for the purposes of sale by retail or any vehicle so used.]

16.

Definitions of mouths of rivers, etc.

— (1) For the purposes of this Act, the Ministry may by order define, by reference to a map or otherwise, — (2) Where several rivers flow into a common mouth or estuary, an order under this section may declare that the outlets of such rivers form separate mouths.

17.

Records and returns by holders of fishing licences and dealers' licences and persons engaged in the sea-fish industry.

— (1) The Ministry may make regulations with respect to — (2) Every person required by regulations made under this section to keep any record or to make any return, who —

[ F20 (a)

acts in contravention of any provision of the regulations; or]

(b)

makes in a record or return any statement which to his knowledge is false or misleading in any material respect,

shall be guilty of an offence. [ F21 (3) In subsection (1)( a ) in sub-paragraph (i) “ fishing licence ” does not include a licence to fish with rod and line and in sub-paragraph (iii) “ processing ” has the same meaning as in section 15A(4).] [ F19 (4) In this section —

(a)

“ sea-fishermen ” includes the master, charterer or owner of a sea-fishing boat;

(b)

“ fish-salesmen ” includes an auctioneer or dealer in fish at the point of landing (as defined by regulations) of the fish.]

18.

Disclosure of returns and information.

— (1) Subject to subsection (2), returns or any information contained in returns furnished pursuant to section 17 shall not, without the consent of the person by whom any return was made, or, as the case may be, the person to whose business the returns relate, be disclosed otherwise than to the Ministry or an officer of the Ministry. (2) Subsection (1) shall not apply to —

(a)

the disclosure of returns or information in the form of a summary of similar returns or information furnished by or obtained from a number of persons, if the summary is so framed as not to enable particulars relating to any individual or any individual business to be ascertained from it; or

(b)

any disclosure of information made for the purposes of any legal proceedings pursuant to this Act, or for the purposes of any report of any such proceedings; or

(c)

the disclosure of any such returns or information in so far as the disclosure is required or authorised by or under this Act.

(3) If any person discloses any information in contravention of this section, he shall be guilty of an offence.

19.

Regulations.

— (1) The Ministry may make regulations prescribing anything which, under this Act, may be prescribed by regulations, and providing for any matter in respect of which regulations may be made under this Act. (2) Regulations made under this Act shall be subject to negative resolution.

20.

Power of Ministry to hold inquiries and investigations.

— (1) The Ministry may cause local or other inquiries to be held or investigations to be made in relation to the fisheries of Northern Ireland or any of them and the best means to be adopted for the management, conservation, protection or improvement thereof, or in relation to the operation of this Act. (2) This section shall not be construed as empowering the Ministry to cause inquiries to be held or investigations to be made in any case in relation to which the Foyle [ F22 Carlingford and Irish Lights ] Commission is authorised to hold inquiries under section 80 of the Foyle Fisheries Act (Northern Ireland) 1952

1952 c.5

. [ F23 (3) Without prejudice to subsection (1), the Department may, with respect to any fish farm for which a fish culture licence under section 11 is in force (including any fishery for which a shell-fish fishery licence is also in force), make such inquiries and examination by an inspector or otherwise, and require from the holder of the licence such information, as the Department considers necessary or proper, and the holder of the licence shall afford all facilities for such inquiries and examination, and give such information, accordingly. (4) Without prejudice to any provision of Part XI, for the purpose of an examination under subsection (3) an officer authorised in writing in that behalf by the Department, on production if so required of his credentials, may at any reasonable time —

(a)

enter any place specified in a fish culture licence under section 11 authorising the operation of a fish farm and any area specified in a shell-fish fishery licence; and

(b)

examine that place or land within that area and all fish, buildings, structures, rafts, trays, devices and things found there; and

(c)

obtain, take away and dispose of samples (which shall be marked, labelled or otherwise made capable of identification) of any fish, or of any water or other substance, found there;

and the holder of the licence shall afford to such an officer facilities for the exercise by him of any right conferred by this subsection.]

21.

Notice of meetings and inquiries.

Where the Ministry is required under any provision of this Act to cause a public inquiry or public meeting to be held, sufficient notice of that inquiry or meeting shall be deemed to be given if, not less than fourteen days before the holding of the inquiry or meeting, notice of the time and place at which the inquiry or meeting is to be held, and of the matters to be inquired into or considered thereat, is given by advertisement inserted in one or more than one newspaper circulating in the district where the inquiry or meeting is to be held.

22.

Annual report by the Ministry.

— [ F24 (1) ] The Ministry shall cause to be prepared and laid before Parliament an annual report containing for the year to which it relates — [ F24 (2) The report under subsection (1) may be made and laid before the Assembly as part of the yearly report required by section 26 of the Agriculture and Technical Instruction (Ireland) Act 1899. ]

23.

Expenses.

— (1) Subject to the succeeding provisions of this Part and without prejudice to section 29(1), there shall be defrayed out of moneys provided by Parliament — (2) The payment under subsection (1) of the amount of any expenses incurred by the Ministry in executing any works or doing any thing that may be so executed or done under this Act at the expense of any other person shall be subject to the reimbursement of the Ministry in the like amount by the person at whose expense the works are executed or the thing is done. (3) There shall be paid into the Exchequer any sums received by the Ministry under subsection (2) in reimbursement of any payment such as is described in that subsection.

24.

Appropriations in aid.

There shall be appropriated in aid of moneys provided by Parliament for defraying the expenses incurred by the Ministry under this Act any sums received by the Ministry under this Act (other than sums to which sections 23(3) and 29(2) apply), including, in particular, —

25.

The Fisheries Conservancy Board for Northern Ireland.

— (1) There shall be a body called the Fisheries Conservancy Board for Northern Ireland (in this Act referred to as “ the Board ” ) whose functions shall, subject to the following provisions of this section, be the conservation and protection of the salmon and the inland fisheries of Northern Ireland, other than the fisheries of the Londonderry Area [ F28 or the Newry Area ] . (2) The Board shall, if so directed in writing by the Head of the Department, [ F29 exercise, in accordance with the terms and conditions of the direction, any function conferred on the Department by this Act and ] execute such works and do such things in relation to any fisheries mentioned in subsection (1) as may be specified in the directions. (3) Without prejudice to the generality of subsections (1) and (2), the Board may, in the exercise of their functions —

(a)

take legal proceedings for the enforcement of any statutory provision with respect to salmon or inland fisheries;

(b)

make to the Department such suggestions and representations as the Board think proper in relation to any matter pertaining to such fisheries, and advise the Department upon any such matter which is referred to them by the Department;

(c)

act in co-operation with any other body constituted under a statutory provision for the purpose of publicising any such fisheries as a tourist attraction;

[ F29 (cc)

enter into an agreement to enforce the fishing rights of any owner or occupier of land or waters in accordance with such terms and conditions as may be specified in the agreement and on payment of such sums as may be so specified; ]

(d)

apply and expend, subject to the provisions of this Act, any money paid to the Board in such manner as the Board think proper for the performance of their functions.

(4) The functions of the Board under the preceding provisions of this section shall, if the Head of the Department so directs, cease to be exercisable by the Board in relation to salmon fisheries in the sea to such extent as may be specified in the directions. (5) The provisions of Schedule 2 shall have effect with respect to the Board.

26.

Power of Board to make byelaws.

— (1) Subject to subsection (2), the Board may, with the approval of the Ministry, make such byelaws as appear to the Board to be expedient for the [ F30 purposes of the Board's functions in relation to ] any fisheries to which section 25 applies, and, without prejudice to the generality of the foregoing provisions, may make byelaws with respect to the following matters: —
(2) [ F30 Except in relation to registers to be kept under section 120, ] byelaws shall not be made under subsection (1) with respect to any matter in relation to which the Ministry is by this Act empowered to make regulations. [ F31 (3) The power to make byelaws under this section in relation to the regulation of fishing for salmon may be exercised for —

(a)

the conservation or enhancement of the natural beauty or amenity of marine or coastal areas (including the geological or physiological features) or of any features of archaeological or historic interest on those areas; or

(b)

the conservation of flora or fauna which are dependant on, or associated with, a marine or coastal environment. ]

(4) All byelaws made by the Board shall be laid before Parliament by the Ministry, and shall be subject to negative resolution. (5) If any person contravenes a byelaw, he shall be guilty of an offence.

27.

Borrowing powers.

The Board may, with the written consent of the Ministry and the Ministry of Finance or in accordance with the terms of any authorisation in writing given to them by the Ministry and the Ministry of Finance, borrow such sums as they may require for the purposes of their functions.

28.

Duty of Board to make to Ministry a yearly return of estimated receipts and payments.

— (1) The Board shall, with respect to each of their financial years, forward to the Ministry for its approval estimates of their receipts and payments in that year. (2) Estimates under subsection (1) shall be prepared in accordance with any directions given to the Board by the Ministry in that behalf, and shall be furnished to the Ministry at such times as the Ministry may direct. (3) The Ministry may approve estimates furnished to it under subsection (2), subject to such modifications as it thinks fit, and may give directions to the Board as to the manner in which any excess of receipts so approved over payments so approved is to be applied, or any excess of payments so approved over receipts so approved is to be met.

29.

Power of Ministry to make advances to the Board.

— (1) For the purpose of meeting any approved excess of the payments of the Board in any of their financial years over their receipts in that year, the Ministry may make to the Board, out of moneys provided by Parliament, advances of such amounts repayable over such periods and on such terms as may be approved by the Ministry of Finance, so however that the aggregate amount of such advances at any time outstanding shall not exceed twenty thousand pounds. (2) Any sums received by the Ministry by way of repayment of or interest on advances under subsection (1) shall be paid into the Exchequer.

30.

Accounts and Audit

— (1) The Board shall — (2) The statement of accounts shall —

(a)

be in such form; and

(b)

contain such information,

as the Department may, with the approval of the Department of Finance and Personnel, direct. (3) The Board shall, within such period after the end of each financial year as the Department may direct, send copies of the statement of accounts relating to that year to —

(a)

the Department; and

(b)

the Comptroller and Auditor General for Northern Ireland.

(4) The Comptroller and Auditor General shall —

(a)

examine, certify and report on every statement of accounts sent to him by the Board under this section; and

(b)

send a copy of his report to the Department.

(5) The Department shall lay a copy of the statement of accounts and of the Comptroller and Auditor General's report before the Assembly.

32.

Annual reports of the Board.

— (1) The Board shall annually make to the Ministry a report of their work during their preceding financial year F34 ... . (2) The Ministry shall cause every such report to be laid before Parliament.

33.

Duty of Board to disclose information to Ministry.

Without prejudice to the requirement imposed by section 32, the Board shall provide the Ministry with such returns or information relating to their proceedings or undertaking as the Ministry may from time to time require, and for those purposes shall permit any person authorised by the Ministry in that behalf to inspect and make copies of their accounts, books, documents and papers, and shall afford such explanation thereof as that person or the Ministry may reasonably require.

Ss. 34, 35 rep. by 1983 NI 21

S.36 rep. by 1968 c.31 (NI); SLR 1976

37.

Power to make byelaws respecting fishing licences.

— [ F36 (1) ] Byelaws made by the Board under subsection (1) of section 26 may (without prejudice to the provisions of paragraphs ( g ), ( h ) and ( i ) of that subsection or to the provisions of section 70(2)( a ), ( c ) or ( d )), — [ F36 (2) Nothing in byelaws made under subsection (1)(c) shall affect the lawful use by any person of —

(a)

a rod and line or a handline in the freshwater portion of any river or lake,

(b)

a draft net in the circumstances specified in section 71(2)(d),

(c)

a fishing weir or fixed engine in the circumstances specified in section 73(1).

(3) In subsection (1)(c) — “ licences ” means licences of any class specified in the byelaws, and “ fish ” does not include eels. ]

38.

Arrangements for the issue of certain licences.

The Board may make arrangements for the issue through agents of fishing licences of such classes as may be prescribed.

39.

Angling licences to be non-transferable.

A fishing licence to fish with rod and line or hand line shall be used only by the person to whom it is issued and shall not be transferable.

40.

Effect of fishing licences.

A fishing licence shall operate in accordance with the terms of the byelaws under which it is issued and of the licence but shall not be construed —

41.

Prohibition of unlicensed fishing.

— (1) Unless expressly empowered to do so under any provision made by or under this Act or any other enactment for the time being in force, a person shall not fish for, take or kill salmon, eels or any freshwater fish except under the authority of a licence issued pursuant to byelaws made under this Act and in accordance with the terms and conditions of that licence and of the byelaws relating to it. (2) Unless expressly empowered as mentioned in subsection (1), a person shall not have in his possession in or near any fishing place any fishing engine for the taking or killing of salmon, eels or freshwater fish which is erected or in fishing order, unless there is in force a fishing licence by or by virtue of which he is authorised to use that fishing engine at that place. (3) Subject to section 43, any person who acts, or causes or permits any other person to act, in contravention of subsection (1) or (2) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding —

(a)

where such contravention consists only of the unlicensed but otherwise lawful use or possession of a rod and line or hand line, [ F38 £ 200]; and

(b)

in any other case, [ F38 £ 500].

[ F39 (4) Nothing in this section shall apply to a person —

(a)

who fishes lawfully by rod and line in a production pond at a fish farm operated by the holder of a fish culture licence granted under section 11; or

(b)

who has for that purpose in his possession a rod and line at or near a fish farm.

(5) In subsection (4)(a) "production pond" means a pond —

(a)

used for the artificial propagation and culture of fish, and

(b)

designated for the purposes of this subsection as a production pond in a fish culture licence granted under section 11. ]

42.

Charging of certain offences under s.41.

In charging an offence under section 41 by reason of a contravention of subsection (1) of that section it shall be sufficient —

43.

Defences to charges under section 41.

— (1) Where a person is charged under section 41 with an offence which consists of taking fish which he is not licensed to take, it shall be a good defence for him to prove that, at the time when that fish was taken, he was engaged in lawfully fishing for another kind of fish and that the first-mentioned fish was taken unintentionally and, immediately upon being taken, was returned to the water without any avoidable injury. (2) Where a person is charged under section 41 with an offence which consists of having a fishing engine in his possession as mentioned in subsection (2) of that section, it shall be a good defence for him to prove that he had the fishing engine in his possession as manufacturer or seller thereof and not for the purpose of using it.

44.

Complimentary licences.

The Board may by resolution authorise the issue to a person not ordinarily resident in Northern Ireland of a complimentary licence to use a rod and line and, where they do so, nothing in this Act or in any byelaws made by the Board thereunder shall require that person to pay any licence duty in respect of that licence.

45.

Falsification, etc., of licences.

A person who — shall be guilty of an offence.]

46.

Penalty for use or possession of deleterious matter.

— (1) If any person uses in any waters any deleterious matter for the capture, destruction or injury of fish he shall be guilty of an offence. (2) If any person being on the bank of or near any waters has in his possession or under his control any deleterious matter he shall be guilty of an offence. (3) It shall be a good defence to a charge under subsection (2) for the defendant to prove that the deleterious matter was in his possession or under his control for an innocent purpose. (4) Every person guilty of an offence under this section shall be liable —

[ F40 (a)

on summary conviction to a fine not exceeding £ 500 or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment;

(b)

on conviction on indictment to [ F41 an unlimited fine ] or to imprisonment for a term not exceeding two years or to both such fine and such imprisonment.]

Subs. (5) rep. by 1996 NI 24

47.

Penalty for pollution.

— (1) Subject to subsection (2), if any person causes or knowingly permits any deleterious matter to enter any waters he shall be guilty of an offence and shall be liable [ F42 (1A) If in the case of a continuing offence under subsection (1), the offender continues to contravene that subsection, he shall be guilty of a further offence and shall be liable on summary conviction to an additional fine not exceeding one-twentieth of level 5 on the standard scale for each day on which the offence is continued. ] (2) Nothing in subsection (1) shall operate to penalise the discharge of any substance or article to which section 9 of the Radioactive Substances Act 1960

1960 c.34

applies. [ F43 (3) Where a person (in this section referred to as "the person convicted") has been convicted of an offence under subsection (1), the Board —

(a)

after consulting the owner of the fishing rights in the waters affected by the pollution; or

(b)

without such consultation if the Board, upon making reasonable enquiries, is unable to ascertain the name and address of the owner,

may —

(i) carry out such [ F44 reinstatement ] of the waters as is reasonable in the circumstances, and

(ii) recover the cost thereof from the person convicted. (4) Any question as to —

(a)

the reasonableness of any [ F44 reinstatement ] to be undertaken under paragraph (i) of subsection (3); or

(b)

the costs to be recoverable under paragraph (ii) of that subsection,

shall be referred to arbitration under and in accordance with the provisions of the Arbitration Act (Northern Ireland) 1937. (5) Nothing in this section shall affect any right of the owner of fishing rights in the waters affected by the pollution to bring civil proceedings against the person convicted; but in assessing damages in any such proceedings the court shall take into account the value of any [ F44 reinstatement ] carried out by the Board under subsection (3). ]

48.

Taking, etc., spawn or fry of salmon, trout or eels.

— (1) [ F45 Subject to subsections (1A) and (2) ] if any person — he shall be guilty of an offence. [ F45 (1A) It shall not be an offence under subsection (1)(a) for the owner of an eel several fishery to take or have in his possession the fry of eels where he has removed those fry from that several fishery solely for the purpose of returning them to an upstream part of the same several fishery. (1B) Subsection (1A) applies to a person acting under the direction of the owner of an eel several fishery in the same manner as it applies to such an owner. ] (2) Where a person is charged with the offence of taking or having in his possession any … F46 fry in contravention of subsection (1)( a ), it shall be a good defence for him to prove that he removed the … F46 fry from a system of waters solely for the purpose of preserving them from some immediate danger (whether actual or reasonably apprehended) and that he returned, or intended to return, them to an adjacent safer part of the same system of waters, without any avoidable injury, as soon as reasonably practicable. [ F45 (3) In this section —

(a)

“ fry ” (except in subsection (1)(d)) —

(i) in relation to salmon, includes parr and smolts,

(ii) in relation to trout, includes trout of a length less than fifteen centimetres measured from the tip of the snout to the fork or cleft of the tail, and

(iii) in relation to eels, includes elvers; and

(b)

“ trout ” includes rainbow trout. ]

[  F47 (4) It shall be a defence for a person charged with an offence under subsection (1)(a) in relation to the spawn of any salmon to prove —

(a)

that the spawn had been produced at a fish farm; or

(b)

that he believed on reasonable grounds that it had been so produced.

(5) If any person removes any material from the bed of any river —

(a)

without the consent of the Board under subsection (6); or

(b)

otherwise than in accordance with the conditions of a consent granted by the Board under subsection (6),

he shall be guilty of an offence. (6) The Board may, on the application of any person, grant its consent to the removal of material from the bed of a river on such conditions as it thinks fit. (7) Where the Board —

(a)

on an application for a consent under subsection (6), has refused a consent; or

(b)

in giving a consent under subsection (6), has given that consent subject to conditions,

the person who applied for the consent may appeal to the Appeals Commission against the decision within 28 days from the day on which notice of the decision was given to that person. (8) A consent under subsection (6) does not confer on any person a right to remove material from the bed of a river which (apart from this section) he would not otherwise have. (9) Nothing done under and in accordance with the conditions of a consent under subsection (6) constitutes an offence under subsection (1) or section 49. ]

49.

Chasing, etc., spawning fish.

If any person chases, injures or disturbs spawning fish or fish on the spawning beds or attempts (otherwise than by means of lawful angling with rod and line) to catch fish thereon, he shall be guilty of an offence.

50.

Penalties for taking, etc., unseasonable salmon or trout.

— (1) Any person who at any time wilfully takes or kills or who knowingly buys, sells, offers or exposes for sale or has in his custody or possession any unseasonable salmon or trout shall be guilty of an offence. (2) A person who is guilty of an offence under subsection (1) shall be liable —

[ F48 (a)

on summary conviction to a fine not exceeding £ 500 with a further fine of £ 50 for each salmon and £ 10 for each trout in respect of which an offence is committed or to imprisonment for a term not exceeding six months or to both such fines and such imprisonment;

(b)

on conviction on indictment to [ F49 an unlimited fine ] or to imprisonment for a term not exceeding two years or to both such fine and such imprisonment.]

51.

Prohibition against sale, etc., of immature salmon or trout.

— (1) Any person who buys, sells, offers or exposes for sale, or has in his possession for sale, any salmon or trout which is immature shall be guilty of an offence, and shall be liable on summary conviction [ F50 to a fine not exceeding £ 500 or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.] (2) For the purposes of this section the expression “ immature ” means that the fish is of a length less than that prescribed by byelaw, or, if no length is so prescribed, of a length less than [ F51 20 centimetres ] measured from the tip of the snout to the fork or cleft of the tail.

52.

Taking undersized pollen.

— (1) Any person who wilfully takes, kills or destroys, or who buys, sells, offers or exposes for sale, or has in his custody or possession any undersized pollen shall be guilty of an offence. (2) In this section the expression “ undersized pollen ” means pollen of a length less than that prescribed by byelaw, or, if no length is so prescribed, of a length less than [ F52 19 centimetres ] measured from the tip of the snout to the fork or cleft of the tail.

53.

Removal of natural obstructions in rivers to allow free passage of fish.

— (1) Where in a river natural obstructions of any kind prevent or impede the free passage of fish, the Ministry may, on the application of any person interested in a fishery in the river or of the Board, authorise the construction of works or the making of alterations in the bed of the river so as to secure the free passage of fish at all times, if the Ministry is satisfied that such construction or alterations will not impair the effective working power of any mill or the drainage of any lands. (2) Any works constructed or alterations made under subsection (1) shall be executed in accordance with plans, sections and specifications approved by the Ministry. (3) Subject to subsection (6), the cost of any work or alterations authorised under subsection (1) shall be borne by the person on whose application the authorisation is given. (4) Where, under subsection (1), the Ministry authorises the construction of works or the making of alterations in the bed of a river, the Ministry may, by agreement with the person on whose application the authorisation is given, cause the works or alterations so authorised to be executed. (5) For the purposes of the execution of any works or alterations in pursuance of an agreement made under subsection (4), the Ministry may, in so far as is reasonably necessary for or incidental to those purposes, do such of the things referred to in Schedule 2 to the Drainage Act (Northern Ireland) 1947

1947 c.9

F53 (clearing, widening, deepening, etc., of water courses) as are appropriate thereto, and in the doing thereof may to the like extent exercise any power which is exercisable by it under that Act as extended by any other enactment, other than a power of acquiring land compulsorily. (6) Section 13 of the Drainage Act (Northern Ireland) 1964

1964 c.31

F53 (power of Ministry to contribute to cost of works) shall have effect with respect to works or alterations executed under this section in like manner as it has effect with respect to works executed under section 12 of that Act, and as if after the reference therein to the said section 12 there were inserted a reference to this section. (7) Where the execution of any works or alterations in pursuance of an authorisation given under subsection (1) results in damage or injury to any person, that person may recover compensation from the person on whose application the authorisation was given.

S.53A rep. by 1973 NI 1

54.

Construction of fish passes in dams in rivers.

— (1) Where a dam is constructed in a [ F54 river], a fish pass sufficient to permit the free passage through the dam of salmon, trout and eels at all times shall be provided and maintained by the owner of the dam. (2) Subsection (1) shall not apply so as to require the provision of a fish pass in conjunction with a dam erected before 10th August 1842 unless —

[ F55 (a)

the dam is rebuilt, reinstated or heightened after the commencement of the Fisheries (Amendment) Act (Northern Ireland) 1968

1968 c.31

, or

[ F56 (aa)

the dam is repaired after the date of the coming into operation of Article 13 of the Fisheries (Amendment) (Northern Ireland) Order 1991 in such a way as to change the nature of any surface of the dam or the structure of the crest of the dam, or

(ab)

the mill to which the dam belongs is, after that date, brought back into use or its use is changed, or the purpose for which the water retained by the dam is used is changed after that date, or ]

(b)]

the Ministry, on the application of any person interested in a fishery in the river or of the Board, and on being satisfied that there will be no impairment in any navigation or in the effective working power of any mill to which the dam belongs, by order directs that a fish pass be provided as required by this section

[ F55 nor shall it apply so as to require the provision of a fish pass in conjunction with a particular dam in a river if the Ministry is satisfied that, having regard to the nature of the dam or of the river or of the kinds of fish frequenting or likely to frequent the river, it is unnecessary or unreasonable to insist upon compliance with the requirements of that subsection and by notice in writing grants exemption from those requirements with respect to that dam]. [ F56 (2A) Where the Department refuses to grant an exemption for the purposes of subsection (2) —

(a)

the Department shall give to the applicant for such exemption a written notification of the reasons for its refusal, and

(b)

the applicant may, within 28 days from the day on which such notification is given, appeal to the Appeals Commission. ]

(3) Every fish pass provided under this section shall be constructed in accordance with plans, sections and specifications approved by the Ministry. (4) The cost of providing a fish pass shall be borne —

(a)

in the case of a dam with respect to which an order is made under subsection (2), by the person on whose application the order is made; and

(b)

in any other case, by the owner of the dam.

(5) Where in contravention of subsection (1) the owner of a dam does not provide a fish pass in conjunction with that dam, the Ministry may by notice in writing require him to do so, and if he fails to comply with the notice within any reasonable period specified therein the Ministry may cause a fish pass to be constructed F56 ... . [ F56 (5A) Article 55 of the Roads (Northern Ireland) Order 1980 (power to enter land) shall apply in relation to subsection (5) subject to the following modifications —

(a)

for the purposes set out in sub-paragraphs (a) to (e) of paragraph (1) of that Article there shall be substituted a reference to the purpose of constructing a fish pass under subsection (5);

(b)

any reference to the Department shall be construed as a reference to the Department within the meaning of this Act; and

(c)

paragraph (7) shall be omitted.

(5B) Where —

(a)

in the exercise of the powers conferred under subsection (5) or (5A), any damage is caused to land or chattels, any person interested in the land or chattels may recover compensation in respect of the damage from the Department; or

(b)

in consequence of the exercise of any such powers, any person is disturbed in his enjoyment of land or chattels, he may recover compensation in respect of that disturbance from the Department.

(5C) Subject to subsection (5D), the Department may recover from the person liable under subsection (4) —

(a)

any expenses reasonably incurred by the Department in respect of works executed under that subsection; and

(b)

any amount awarded against, or reasonably paid by, the Department as compensation under subsection (5B).

(5D) The Department may not recover under paragraph (b) of subsection (5C) any amount (or any part of any amount) awarded or paid in respect of a breach of any duty of care on the part of the Department. (5E) Any question —

(a)

as to whether a person is entitled to recover compensation from the Department under subsection (5B), and as to the amount of such compensation; and

(b)

as to whether the Department is entitled to recover any amount (or any part of any amount) under subsection (5C),

shall be heard and determined by the Lands Tribunal. ] (6) If any owner of a dam fails to provide such a fish pass as he is required by this section to provide, or, where such a fish pass has been provided (whether by him or not), fails to maintain it in an efficient state, he shall be guilty of an offence.

55.

Offence of taking fish in a fish pass, using fishing engines in a fish pass or placing obstacles in a fish pass.

— (1) If any person — he shall be guilty of an offence … F57 . (2) Where a person is convicted under subsection (1)( c ) of the offence of placing an obstacle or contrivance in a fish pass, the Board or, failing the Board, the Ministry may cause the obstacle or contrivance to be removed and may recover from that person any expenses reasonably incurred in so doing. (3) Where —

(a)

an offence under this section has been committed in relation to a fish pass provided in connection with a mill dam in such circumstances as to appear to the court to afford reasonable grounds for believing that the offence was committed —

(i) by some person in the employment or under the control of the owner or occupier of the mill; or

(ii) with the knowledge or connivance of the owner or occupier or of the person in charge of the mill; or

(iii) through the default of reasonable precaution on the part of the owner or occupier to prevent the offence;

and

(b)

the person who committed the offence is unknown or cannot be found; and

(c)

the owner or occupier of the mill is charged with the offence;

the owner or occupier shall be deemed to be guilty of the offence and shall be punishable accordingly.

56.

Restrictions on the use of fishing engines and rods and lines at or in the vicinity of dams.

— (1) No person, other than a person to whom subsection (2) applies, shall — (2) Subsection (1) shall not apply to any person who is for the time being the owner of a several fishery in any place referred to in that subsection, and who is a successor in title of any other person who had exercised in that place the right of taking fish during the period of twenty years immediately preceding 14th August 1850 [ F58 ; and paragraph ( b ) of that subsection shall not apply in any case or class of case in which it is excluded (either absolutely or upon the observance of prescribed conditions) by byelaws.] (3) If any person contravenes subsection (1) he shall be guilty of an offence, … F61 .

57.

Penalty for taking fish in works or watercourses appurtenant to mills.

— (1) Subject to subsection (2), if any person at any time in any pool, work or watercourse appurtenant to a mill either wilfully takes or kills any fish or uses a fishing engine for the purpose of taking or obstructing fish, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [ F62 £ 500] or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment. (2) Subsection (1) shall not apply to the lawful use of a rod and line for the taking of fish of any kind otherwise than during the annual close season for angling for fish of that kind. (3) Where —

(a)

an offence under this section has been committed by means of shutting down or closing any gate or sluice which is under the exclusive power of the occupier of the mill; and

(b)

the person who committed the offence is unknown or cannot be found; and

(c)

the occupier of the mill is charged with the offence;

the occupier shall be deemed to be guilty of the offence and shall be punishable accordingly. (4) Where —

(a)

an offence under this section has been committed in such circumstances as to appear to the court to afford reasonable grounds for believing that the offence was committed —

(i) by some person in the employment or under the control of the owner or occupier of the mill; or

(ii) with the knowledge or connivance of the owner or occupier or of the person in charge of the mill; or

(iii) throught the default of reasonable precaution on the part of the owner or occupier to prevent the offence; and

(b)

the person who committed the offence is unknown or cannot be found; and

(c)

the owner or occupier of the mill is charged with the offence;

the owner or occupier shall be deemed to be guilty of the offence and shall be punishable accordingly.

58.

Provisions in relation to sluices, etc., of mills deriving water from rivers.

— (1) The following provisions shall apply in relation to every mill [ F63 , whether or not for the time being it is used or capable of being used as such, ] which derives its supply of water from a [ F64 river]: — (2) [ F63 Subject to subsection (3), ] if the provisions of paragraph ( a ) or paragraph ( b ) of subsection (1) are not complied with, the occupier of the mill shall be guilty of an offence … F65 . [ F63 (3) The occupier of a mill shall not be guilty of an offence under this section if —

(a)

he proves —

(i) that compliance with paragraph (a) or (b) (whichever is applicable) of subsection (1) would have injuriously interfered with the machinery or water power of the mill, and

(ii) that the mill was in regular use immediately before the date of the coming into operation of Article 15 of the Fisheries (Amendment) (Northern Ireland) Order 1991 and that there has been no alteration of use since that date; or

(b)

he is the holder of a certificate issued by the Department under subsection (3A) and has not acted in contravention of that certificate.

(3A) Where the Department is satisfied that —

(a)

having regard to the nature of the dam or of the river or of the kinds of fish frequenting or likely to frequent the river, it is unnecessary or unreasonable to insist upon compliance with the requirements of subsection (1); or

(b)

alternative arrangements are provided to protect and facilitate the free passage of fish,

the Department may issue certificates exempting, in such circumstances, to such extent and subject to such conditions as it considers appropriate, the occupiers of mills from the requirements of subsection (1). (3B) Where a certificate has been granted under subsection (3A) the Department may at any time —

(a)

revoke the certificate; or

(b)

vary or revoke any condition for the time being attaching to the certificate; or

(c)

attach any condition or any further condition to the certificate;

but no certificate shall be revoked nor shall any condition be varied or any condition or further condition imposed unless at least 28 days' notice of the Department's intention to make the revocation or, as the case may be, to vary or impose the condition, has been given to the person who appears to the Department to be for the time being entitled to the benefit of the certificate, and the Department shall consider representations made by him before the expiration of the notice. (3C) Subsection (3D) shall apply where the Department —

(a)

under subsection (3A), refuses to grant a certificate or grants a certificate subject to conditions,

(b)

under subsection (3B), revokes a certificate, varies or revokes any condition for the time being attaching to a certificate, or attaches any condition or any further condition to a certificate.

(3D) Where this subsection applies —

(a)

the Department shall give to the applicant or the holder of the certificate, as the case may be, notification of the reasons for its actions; and

(b)

the applicant or the holder of the certificate may, within 28 days from the date on which such notification is given, appeal to the Appeals Commission.

(3E) Where —

(a)

it appears to the Department that a mill has fallen into disuse, and

(b)

the Department is unable, after making reasonable enquiries, to ascertain the identity of the owner or occupier of the mill,

the Department may take such steps as it considers necessary to ensure that the mill sluices and the waste gates or over-falls of the mill are kept shut. ] (4) In this section “ mill sluices ” means the sluices [ F63 or gate valves ] which admit water to a mill.

59.

Gratings to be set in watercourses diverted from rivers or lakes to prevent entry therein of fish.

— (1) Where a watercourse to which this section applies carries water from a [ F66 river] [ F67 or lake] — (2) If, in respect of any watercourse to which this section applies (other than a watercourse in relation to which an exemption granted by the Ministry under subsection (4) is for the time being in force), the provisions of subsection (1) are not complied with, the owner or occupier of any premises to which the watercourse leads, or any other person who made, uses or has the care or maintenance of the watercourse, shall be guilty of an offence, … F69 . (3) Without prejudice to subsection (2), if any person —

(a)

injures any grating or wire lattice placed in pursuance of subsection (1); or

(b)

removes any such grating or lattice or part thereof, except, in the case of a lattice, during any period of the year during which such a lattice need not be maintained; or

(c)

opens any such grating or lattice improperly; or

(d)

permits any such grating or lattice to be injured or removed (except as is mentioned in paragraph ( b )) or improperly opened;

he shall be guilty of an offence. (4) If in respect of a watercourse to which this section applies, —

(a)

the Ministry is satisfied that sufficient arrangements will be made by means other than those specified in subsection (1) to prevent the admission of fish or fry into the watercourse, and that, having regard to those arrangements, exemption should be granted from the obligations imposed by subsection (1); or

(b)

where the watercourse is a watercourse constructed for the purpose of conveying water as a motive power for machinery, it is proved to the satisfaction of the Ministry that exemption during any period from the obligations imposed by subsection (1) is necessary for the effective working of the machinery, [ F68 or ]

[ F68 (c)

the Department is satisfied —

(i) that the watercourse supplies a mill to which there belongs a dam,

(ii) that there is no fish pass in that dam,

(iii) that the waste gate on the upstream side of the mill sluices is erected in a channel suitable for the passage of fish, and

(iv) that exemption from the obligations imposed by subsection (1) is necessary to permit the free passage of fish, ]

the Ministry may, by permit in writing, grant [ F68 subject to such conditions as it considers appropriate ] such exemption. (5) Where an exemption has been granted under subsection (4) the Ministry may at any time —

(a)

revoke the exemption; or

(b)

vary or revoke any condition for the time being attaching to the exemption; or

(c)

attach any condition or any further condition to the exception;

but no exemption shall be revoked nor shall any condition be varied or any condition or further condition imposed unless at least twenty-eight days' notice of the Ministry's intention to make a revocation or, as the case may be, to vary or impose the condition, has been given to the person who appears to the Ministry to be for the time being entitled to the benefit of exemption, and the Ministry has considered any representations made by him before the expiration of the notice. [ F68 (5A) Subsection (3D) of section 58 shall apply in relation to an exemption under subsection (4) of this section in the same manner as it applies for the purposes of subsection (3C) of that section. ] [  F68 (6) This section applies to any watercourse conveying water which has been diverted from the main course of a river or lake, except where the water is conveyed to provide for navigation. ] (7) In this section “ fry ” in relation to salmon includes parr and smolts [ F67 and “ watercourse ” includes any pipe, culvert or other device].

S.60 rep. by 1973 NI 2

61.

Interpretation of Part IV.

In this Part “ mill ” includes any factory, machine, building or other work by or for which water is taken or used for any purpose.

62.

Penalty for using certain devices for taking fish.

— (1) If, for the purpose of taking [ F70 , or facilitating the taking of, ] any fish, any person uses or has in his possession or control, in or on the bank of or near the waters of any lake, river or estuary, any light or fire or any electrical or acoustical apparatus of any kind, he shall be guilty of an offence. (2) If, for the purpose of taking any fish, any person uses or has in his possession or control, in or on the bank of or near the waters of any lake, river or estuary, any instrument to which this subsection applies, he shall be guilty of an offence. (3) If any person throws, releases or discharges any missile or other object into any water for the purpose of taking or killing, or facilitating the taking or killing, of any [ F70 salmon, trout or rainbow trout ] , he shall be guilty of an offence. (4) In subsection (2) the expression “ instrument to which this subsection applies ” means any otter, tailer or snare, spear, stroke-haul, gaff or other instrument of a similar kind [ F71 or any instrument or device calculated in the course of normal use to foul-hook any fish], but does not include —

(a)

a F70 ... tailer used or to be used solely as an auxiliary to lawful angling between sunrise and one hour after sunset; or

(b)

a F70 ... tailer used or to be used by the holder of a fishing licence in respect of any box in a fishing weir solely for the purpose of lawfully removing fish therefrom; or

(c)

an eel spear used for taking eels.

[ F70 (4A) In subsection (4) — “ gaff ” means a hooked instrument (with or without a barb) used to penetrate the gills or body of a fish; and “ otter ” means an otter lath or jack, and includes any instrument, whether used with a handline, or as an auxiliary to a rod and line, or otherwise for the purpose of running out lures, artificial or otherwise. ] (5) A person who is guilty of an offence under subsection (1) or (2) shall be liable on summary conviction to a fine not exceeding [ F72 £ 500] or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

63.

Fishing for salmon or trout by cross lines.

— [ F73 (1) ] If any person takes or fishes for salmon or trout by means of cross lines in any river [ F73 or lake ] he shall be guilty of an offence. [ F73 (2) In subsection (1) “ cross lines ” means fishing lines —

(a)

reaching from one position to another across water and fixed or held at each of their ends, and

(b)

having attached to them one or more baited hooks or lures, artificial or otherwise. ]

64.

Penalty for taking salmon or trout in eel weir.

— (1) If the owner or occupier of an eel weir takes or suffers to be taken therein any salmon or trout, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [ F74 £ 500] or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment. (2) Where a person is charged with an offence under this section it shall be a good defence to prove that such salmon or trout was taken unintentionally and, immediately upon being taken, was returned to the water without any avoidable injury.

65.

Penalty for damming or teeming river or millrace for purpose of taking salmon or trout.

If any person dams, teems or empties any river or millrace for the purpose of taking or destroying any salmon or trout, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [ F75 £ 500] or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

66.

Restrictions on use of nets.

— (1) If any person — he shall be guilty of an offence. (2) Subsection (1)( b ) shall not apply to a net used either in the sea or within an estuary solely for the purpose of dredging for shell-fish.

67.

Mesh of nets made of non-rigid material for the taking of salmon in the sea or tideways.

— (1) If, in the sea or in the tidal portion of a river, any person uses any net to which this section applies with a mesh of less size than [ F76 4.4 centimetres ] from knot to knot, to be measured along the side of the square, or [ F76 17.6 centimetres ] to be measured all round each such mesh, such measurements being taken in the clear when the net is wet, then, subject to subsection (2), he shall be guilty of an offence. (2) The Board may by byelaws permit the use of nets to which this section applies having meshes of a less size than that specified in subsection (1), and this section shall have application with respect to any net to which such byelaws apply as if for the dimensions specified in subsection (1) there were substituted the dimensions specified in those byelaws. (3) In this section the expression “ net to which this section applies ” means any net or other engine which is not formed of a rigid material and which is used for the taking of salmon.

68.

Meshes or openings of engines made of rigid material for the taking of salmon in the sea or tideways.

— (1) If, in the sea or in the tidal portion of a river, any person uses any engine to which this section applies with meshes or openings of less width than [ F77 7.5 centimetres ] on each side of the square, or, where no meshes or openings of the nature of reticulations are used, of less width between the bars than [ F77 5 centimetres ] , he shall be guilty of an offence. (2) In this section the expression “ engine to which this section applies ” means any engine which is formed of rigid material and is used for the taking of salmon.

69.

Use of salmon nets near mouths of rivers.

— (1) If any person (other than the owner of a several fishery within the limits thereof) shoots, draws or uses any net for taking salmon — he shall be guilty of an offence. [ F79 (2) Any person (other than the owner of a several fishery in the whole of a river or its tributaries, within the limits of that several fishery) —

(a)

who shoots, draws or stretches a net across the mouth or across any other part of a river; and

(b)

who fails to leave open a channel which is —

(i) at least one-quarter of the width of the mouth of the river or, as the case may be, of that other part of the river, or 18 metres, whichever is the less, and

(ii) of sufficient depth and width to facilitate the passage of salmon in that river;

shall be guilty of an offence. ] (3) Where an order under section 16 defines the mouth of a tributary river, references in this section to the mouth of a river shall be construed as including references to the mouth of that tributary river.

70.

Powers of Board with respect to drift nets for the taking of salmon in the sea.

— (1) Where the Board are satisfied that it is expedient to control the use of drift nets for the taking of salmon in the sea, they may make byelaws prohibiting, restricting or otherwise controlling — (2) Byelaws under this section restricting or otherwise controlling fishing for salmon may prescribe —

(a)

the classes of persons to whom there may be issued fishing licences in respect of nets to which the byelaws apply;

(b)

the classes of boats which may be used for the working of such nets;

(c)

the maximum number of fishing licences which may be issued in any year in respect of such nets;

(d)

the manner in which such licences shall be allocated in any case where the number of valid applications for such licences in any year exceeds the number prescribed under paragraph ( c ) in respect of that year.

(3) If any person contravenes any byelaw made under this section, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [ F80 £ 1,000] or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

71.

Restriction on use of nets in fresh water.

— (1) Save as is permitted by or under subsection (2), it shall not be lawful for any person to use any net in the freshwater portion of any river or in any lake. (2) Subsection (1) shall not apply to —

(a)

the use of a landing net or keep net solely as auxiliary to lawful fishing with rod and line;

(b)

the lawful use of a net solely for the purpose of removing fish from traps in a fishing weir;

(c)

the lawful use of a fixed engine under section 73;

(d)

the lawful use in a several fishery of draft nets for the taking of salmon or trout where such nets were lawfully used during the open fishing season of one or more of the five years immediately preceding 1st January, [ F81 1972 ] ;

(e)

the lawful use of draft nets for the capture of salmon or trout in any lake by members of the public who depend on such netting as a means of livelihood where —

(i) such nets are so used with the consent of every owner of a several fishery in that lake; and

(ii) such nets were so used with such consent or as of right by any such members of the public within the period of [ F81 eighteen years immediately preceding 1st January 1986 ] ;

(f)

the lawful use of nets for the taking of eels —

(i) in or in the vicinity of an eel weir; or

(ii) in accordance with regulations made under section 15;

(g)

the lawful use, in accordance with byelaws, of nets for the taking of fish other than salmon, trout or eels.

(3) If any person uses a net in contravention of this section he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [ F82 £ 500] or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment. (4) In this section, “ trout ” does not include pollen.

72.

Mesh of nets for taking fish in fresh water.

— (1) No person shall, under section 71(2)( c ), ( d ), ( e ) or ( g ), use any net with a mesh of less size than — (2) No person shall, under section 71(2)( f ), use any net with a mesh of less size than —

(a)

such size as may be prescribed by regulations made under section 15; or

(b)

if no size is so prescribed, the size specified in subsection (1)( b ).

(3) If any person contravenes subsection (1) or (2) he shall be guilty of an offence.

73.

Restriction with respect to fishing weirs or fixed engines in fresh water portion of rivers or lakes.

— (1) It shall not be lawful for any person to erect or to use in the freshwater portion of any river or lake any fishing weir or a fixed engine of any description, unless that fishing weir or a fixed engine of that description was in existence and was lawfully used therein by that person or a predecessor in title of his during the open fishing season of one or more of the five years immediately preceding 1st January 1965. (2) If any person erects or uses a fishing weir or fixed engine in contravention of this section he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [ F84 £ 1,000] or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment. (3) The prohibition in subsection (1) shall not apply to —

(a)

long lines used solely for the capture of eels; or

(b)

any eel weir or any fixed engine for the capture of eels established and used in accordance with regulations made under section 15; or

(c)

engines used in accordance with byelaws for the capture of fish other than salmon or eels.

74.

Restriction on use of fixed engines for the capture of salmon in the sea or tideways.

— (1) It shall not be lawful for any person to erect or to use any fixed engine for the capture of salmon in the sea or in the tidal portion of a river unless a certificate in regard to such a fixed engine was granted under the Salmon Fishery (Ireland) Act 1863 to him or a predecessor in title of his before the commencement of this Act and is for the time being subsisting unrevoked. (2) If any person erects or uses any fixed engine for the capture of salmon in contravention of this section he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [ F85 £ 1,000] or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

75.

Effect of certificate under section 6 of the Salmon Fishery (Ireland) Act 1863.

A certificate under section 6 of the Salmon Fishery (Ireland) Act 1863 shall be conclusive evidence that the person named therein or his successor in title is the person entitled to exercise the right therein given, but it shall not render any fixed engine lawful which would otherwise be unlawful by reason of its being injurious to navigation, a common nuisance to the public right of fishing or otherwise in violation of the common law or any enactment (including this Act).

76.

Power of Ministry to authorise the alteration of sites of fixed engines.

— (1) The owner of a fixed engine in respect of which a certificate has been granted under section 6 of the Salmon Fishery (Ireland) Act 1863 may apply to the Ministry for permission to remove the fixed engine from the place or position specified in the certificate and to erect it at some other place or in some other position. (2) If the Ministry, after causing a local public inquiry to be held, is satisfied that the removal and re-erection of the fixed engine will not unduly interfere with the reasonable and legitimate interests of any other person, the Ministry may grant a licence authorising the owner of the fixed engine to remove it from the place or position specified in the certificate and [ F86 for him and his successors in title] to erect and use it at such other place or in such other position, and subject to such conditions, and such limitations as to time or otherwise, as may be specified in the licence. (3) If the Ministry is satisfied that it is expedient in the interests of the salmon fisheries to revoke a licence granted under this section, or to vary the provisions of such a licence with respect to —

(a)

the place or position in which a fixed engine is by the licence authorised to be erected and used, or

(b)

any conditions or limitations contained in the licence,

the Ministry may revoke the licence or, as the case may be, may make such variation in the terms of the licence as the case may require; but the Ministry shall not revoke or vary a licence under this subsection unless at least twenty-eight days' notice of the revocation or the proposed variation has been given to the holder of the licence, and, if the holder, before the expiration of the notice, so requires, the Ministry has caused a local public inquiry to be held. (4) Without prejudice to subsection (3), a licence granted under this section may be suspended or revoked in accordance with the provisions of Schedule 1. (5) Nothing in this section shall be deemed to empower the Ministry to authorise the erection of any fixed engine at a place or in a position where its use would be injurious to navigation or would contravene the provisions of any enactment. (6) Where, by licence under this section, the Ministry authorises any person to erect and use a fixed engine at a place or in a position other than that specified in the certificate referred to in subsection (1), for the purposes of this Act the certificate shall have effect during the currency of the licence as if the reference in the certificate to the place or position so specified were a reference to the first-mentioned place or position.

77.

Power of Ministry to authorise variation in characteristics of fixed engines.

— (1) The owner of a fixed engine in respect of which a certificate has been granted under section 6 of the Salmon Fishery (Ireland) Act 1863 may apply to the Ministry for permission to substitute for that fixed engine or for more than one such fixed engine a fixed engine of different characteristics from the characteristics specified in the certificate. (2) If the Ministry, after causing a local public inquiry to be held, is satisfied that such substitution will not unduly interfere with the reasonable and legitimate interests of any other person, the Ministry may accept the surrender of any certificate such as is referred to in subsection (1), and may grant a licence authorising the owner [ F87 and his successors in title] to erect and use —

(i) in accordance with plans and specifications approved by the Ministry; and

(ii) at a place or in a position specified in the licence; and

(iii) subject to any conditions, or any limitations as to time or otherwise, contained in the licence,

a fishing engine of such a kind as may be specified in the licence. (3) Upon the grant of a licence under subsection (2) any certificate surrendered to the Ministry in pursuance of that subsection shall cease to have effect, but without prejudice to the provisions of subsection (6) as to the revival of the certificate in the event of the licence being revoked under subsection (4) or (5). (4) If the Ministry is satisfied that it is expedient in the interests of the salmon fisheries to revoke a licence granted under this section or to vary the provisions of such a licence with respect to —

(a)

the characteristics of a fixed engine the erection and use of which is authorised by the licence, or

(b)

the place or position in which such a fixed engine is so authorised to be erected, or

(c)

any conditions or limitations contained in the licence,

the Ministry may revoke the licence, or, as the case may be, may make such variation in the terms of the licence as the case may require; but the Ministry shall not revoke or vary a licence under this subsection unless at least twenty-eight days' notice of the revocation or the proposed variation has been given to the holder of the licence, and, if the holder, before the expiration of the notice, so requires, the Ministry has caused a local public inquiry to be held. (5) Without prejudice to subsection (4), a licence granted under this section may be suspended or revoked in accordance with the provisions of Schedule 1. (6) When a licence granted under this section is revoked —

(a)

the provisions of —

(i) this Act and any byelaws made under this Act, and

(ii) any certificate under section 6 of the said Act of 1863 with respect to a fixed engine such as is first mentioned in subsection (1),

shall have effect with respect to any such fixed engine as if the licence had not been granted; and

(b)

the Ministry shall return to the person who immediately before the revocation of the licence was the holder thereof any certificate under the said section 6 which had been surrendered to the Ministry under subsection (2) by that person or by a predecessor in title of his.

(7) The provisions of sections 74 to 76, and of this section, shall have effect with respect to a licence granted under subsection (2) in like manner as they have effect with respect to a certificate under the said section 6, as if the licence were such a certificate; and for the purposes of section 74(1) the licence shall be deemed to have been granted before the commencement of this Act. (8) Section 79 shall not apply to the placing or continuance in accordance with the terms of a licence granted under subsection (2) of a fishing engine specified in such a licence. (9) Subsection (5) of section 76 shall apply for the purposes of this section as it applies for the purposes of that section.

78.

Prohibition of erecting or using fixed engines at mouths of rivers.

— (1) If at or within [ F88 1610 metres ] in any direction from the mouth of any salmon river any person, other than the owner of a several fishery within the limits thereof, erects or uses any fixed engine, that person shall be guilty of an offence … F89 . (2) Where an order under section 16 defines the mouth of a tributary river, the reference in subsection (1) to the mouth of any river shall be construed as including a reference to the mouth of that tributary river.

79.

Prohibition of bag nets in certain places.

— (1) Subject to subsection (3), no bag net shall be placed or allowed to remain in any river or estuary or within a distance of [ F90 4830 metres ] from the mouth of any river. (2) If any bag net is placed or allowed to remain in contravention of this section —

(a)

it shall be deemed a common nuisance and may be taken possession of or destroyed; and

(b)

the owner of the bag net shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [ F91 £ 500] or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

(3) This section shall not apply to —

(a)

the placing or continuing, within [ F90 4830 metres ] of the mouth of a river, of a bag net, where the owner of the bag net has the exclusive right of catching salmon in the whole of that river, including all tributary rivers and lakes upon the course of that river, and where that owner or a predecessor in title of his had on or immediately before 28th July 1863 exercised that right by means of a bag net at the place where the first-mentioned bag net is placed; or

(b)

the placing or continuing, in accordance with the provisions of a licence granted under section 77(2), of a bag net the erection and use of which is authorised by the licence.

80.

Regulations as to construction and user of bag nets.

If any person maintains or uses any bag net — he shall be guilty of an offence … F92 .

81.

Free gaps in fishing weirs.

— (1) In every fishing weir (other than an eel weir with respect to which a licence granted by the Ministry under section 84 is for the time being in force) there shall be a free gap or opening in accordance with the following provisions: — (2) The requirements of subsection (1), in so far as they relate to the provision of a free gap in every fishing weir, shall, in the case of a fishing weir in which there was no free gap on 1st January, 1965, be deemed to be complied with if immediately adjoining the weir there then was and continues to be a navigation gap which conforms in form and dimensions to the requirements of that subsection, and all the provisions of this Act which apply to free gaps in fishing weirs (other than those which require the free gap to be in the weir) shall apply to any such navigation gap. (3) Where there is no free gap in a fishing weir or where a free gap has been made in a fishing weir but is not maintained in accordance with subsection (1), then, unless that fishing weir is an eel weir which is for the time being excepted from the application of subsection (1), the owner and the occupier of the fishing weir shall each be guilty of an offence … F94 . (4) Where the provisions of subsection (1) have been contravened the Board or, failing the Board, the Ministry, may provide or restore a free gap and may recover from the owner or the occupier of the fishing weir any expenses reasonably incurred in executing the works undertaken for that purpose.

82.

Offence of affecting flow of water through free gap by alteration of bed of river.

If any alteration is made in the bed of a river in such manner as to reduce the flow of water through the free gap in a fishing weir, the person making the alteration shall be guilty of an offence … F95 .

83.

Fishing in or near or obstructing free gaps.

— (1) Subject to subsection (4), if any person — he shall be guilty of an offence. (2) Where the owner or occupier of a fishing weir is charged under subsection (1) with the offence of placing an obstruction in the free gap in that weir, and it is proved that the obstruction was placed in the free gap, it shall be presumed, until the contrary is shown, that the obstruction was placed in the free gap by him. (3) Where a person is convicted of an offence under this section in respect of an obstruction in the free gap of a fishing weir, the Board or, failing the Board, the Ministry, may cause the obstruction to be removed and may recover from that person any expenses reasonably incurred in so doing. (4) Where a licence granted by the Ministry under section 84 with respect to an eel weir is for the time being in force, this section shall not operate to penalise any act or thing authorised by the licence.

84.

Operation of eel weir without free gap.

— (1) The Ministry may by licence authorise the operation of a specified eel weir without a free gap, subject to such conditions as may be contained in the licence. (2) The Ministry may revoke, or may vary the conditions contained in, a licence granted under this section, where the Ministry is satisfied that such revocation or variation is expedient in the interests of the eel fisheries. (3) When the Ministry proposes to revoke a licence, or to vary any conditions, under subsection (2), otherwise than on the application of the holder of the licence, the Ministry shall —

(a)

give to the holder of the licence at least twenty-eight days' prior notice of its intention to do so; and

(b)

state in the notice given under paragraph ( a ) the specific variation, if any, under consideration and the grounds upon which the revocation or variation is proposed to be made,

and shall consider any representations in relation to the revocation or variation made by the holder before the expiration of the notice. (4) Without prejudice to subsection (2), a licence granted under this section may be suspended or revoked in accordance with the provisions of Schedule 1.

85.

Rules as to boxes in salmon weirs.

— (1) The following rules shall be observed in relation to the construction and use of boxes in salmon weirs: — (2) If any person constructs or uses any box in a salmon weir in contravention of subsection (1), he shall be guilty of an offence … F98 . (3) If any box in a salmon weir is constructed in contravention of this section, the Board or, failing the Board, the Ministry may cause the parts of that box which do not comply with the requirements of this section to be removed, and may recover from the occupier of the weir any expenses reasonably incurred in so doing.

86.

Construction of guiding walls appurtenant to salmon weirs.

— (1) There shall not be attached to a salmon weir in a river any guiding wall of greater length than — that length being measured, in either case, from the upstream or downstream face of the weir along the centre line of the guiding wall. (2) There shall not be attached to any salmon weir any guiding wall which has the effect of narrowing up or preventing the ingress or discharge of water through or from the free gap in the weir. (3) If any salmon weir has a guiding wall in contravention of subsection (1) or (2), the following provisions shall have effect: —

(a)

the occupier of the weir shall be guilty of an offence … F100 ; and

(b)

the Board or, failing the Board, the Ministry may cause the guiding wall to be altered or removed, and may recover from the occupier of the weir any expenses reasonably incurred in so doing.

(4) If the occupier of a salmon weir in a river makes such use of any island or natural obstruction in the river as secures to him the advantage he would have obtained by attaching to the weir a guiding wall contravening subsection (1), he shall be guilty of an offence … F100 . (5) In this section, the expression “ guiding wall ” means any spur or tail wall, leader or outrigger, but does not include the main wall of the salmon weir that connects the boxes of the weir with the bank of the river.

87.

Restriction on possession of unlawful fishing engines, etc.

— (1) It shall not be lawful for any person to have in his possession or control in any waters or on or near the banks of any waters any fishing engine or lure or bait, if the use of that engine, lure or bait in those waters for the purpose of taking fish is unlawful. (2) Any person who has in his possession or control any fishing engine or lure or bait in contravention of this section shall be guilty of an offence. (3) Where a person is charged with an offence under subsection (2) in relation to the possession or control of a net and it is proved that he was found in possession or control of the net in or in the vicinity of the freshwater portion of a river or any lake, it shall be presumed that he had the possession or control of the net with intent to use it in the freshwater portion of the river or in the lake in contravention of section 71(1) unless and until he satisfies the court that at the time the offence is alleged to have been committed —

(a)

he intended and was entitled to use the net in one of the manners specified in section 71(2); or

(b)

if he was found in possession or control of the net in the vicinity of the boundary between the tidal and freshwater portions of a river, that he intended and was entitled to use the net in the tidal portion of the river or in the sea;

and also proves, in either case, that he was the holder of a fishing licence, if such is required by or under this Act, for the net.

88.

Taking salmon or trout unlawfully killed or found dead.

— (1) A person who by any means removes or causes to be removed from any waters — shall be guilty of an offence. (2) Subsection (1) shall not apply to any of the following persons —

(a)

any person acting under the authority of the Ministry; or

(b)

any officer of the Board; or

(c)

any owner of a fishery in those waters; or

(d)

any agent of the owner of a fishery in those waters; or

(e)

any member of the Royal Ulster Constabulary; or

(f)

[ F101 any person acting under the authority of a district council]. [ F102 or ]

[ F102 (g)

any private water bailiff appointed to protect those waters. ]

(3) Where a person is charged with an offence under this section in respect of any fish it shall be a good defence to prove that he removed the fish from any waters, or caused it to be so removed, solely for the purpose of delivering it to a person designated in any of paragraphs ( a ) to ( f ) of subsection (2), and that he did so deliver it before being required to do so by any such person.

89.

Annual close season for salmon and trout.

In this Act the expression “ the annual close season for salmon and trout ” means, in relation to any locality, the period during which it is declared by a byelaw for the time being in force and applicable to that locality to be unlawful to fish for, take or kill salmon or trout with a fishing engine other than rod and line.

90.

Penalties for fishing otherwise than by rod and line for salmon or trout during the annual close season for salmon and trout.

— (1) If any person fishes for, takes or wilfully kills salmon or trout during the annual close season for salmon and trout, he shall be guilty of an offence and shall be liable on summary conviction to [ F103 a fine not exceeding £ 500 or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment, and shall in addition be liable to a further fine not exceeding £ 50 for every salmon and £ 10 for every trout taken or so killed by him]. (2) This section shall not apply to —

(a)

the fishing for or taking of salmon or trout by rod and line, or the killing of salmon or trout so taken; or

(b)

the fishing for, taking or killing of salmon or trout in any fish farm with respect to which a fish culture licence under section 11 is for the time being in force, in accordance with the terms of the licence.

91.

Provisions to be observed in relation to fixed engines during the annual close season for salmon and trout

— (1) During the annual close season for salmon and trout every net, leader or other moveable part of a fixed engine used for the taking of salmon or trout shall be removed from the poles or fixtures to which it is attached and shall be taken from thence. (2) If in respect of any fixed engine there is a contravention of the provisions of subsection (1), the occupier of the fixed engine shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [ F104 £ 500] or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment. (3) Nothing in this section shall be construed as rendering liable to any penalty a person who satisfies the court that he was prevented by floods, storm or stress of weather from complying with subsection (1) during the continuance of that prevention.

92.

Dismantlement of salmon weirs during the annual close season for salmon and trout.

— (1) Within thirty-six hours of the commencement of the annual close season for salmon and trout, all the moveable parts of a salmon weir shall be removed from the weir and shall be taken from thence. (2) The moveable parts of a salmon weir shall not be placed in or on that weir earlier than thirty-six hours before the expiration of the annual close season. (3) During the annual close season (except the first and the last thirty-six hours thereof) the moveable parts of a salmon weir shall not be allowed to remain in or on that weir. (4) If in respect of any salmon weir there is a contravention of the provisions of subsection (1), (2) or (3) the occupier of the weir shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [ F105 £ 500] or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment. (5) Nothing in subsection (4) shall be construed as rendering liable to any penalty an occupier of a salmon weir who satisfies the court that he was prevented by floods, storm or stress of weather from complying with subsection (1) during the continuance of that prevention. (6) Where the occupier of a salmon weir is convicted of an offence under this section, the Board, or, failing the Board, the Ministry, may cause to be removed from the salmon weir the moveable parts in respect of which the offence was committed and may recover from the occupier any expenses reasonably incurred in so doing. (7) In this section the expression “ moveable parts ” means, in relation to a salmon weir, the inscales and heck of every box in the salmon weir and all other fittings and articles used in connection with those boxes which are capable of removal.

93.

Removal of nets from banks, etc., of waters during the annual close season for salmon and trout.

— (1) All nets used for taking salmon or trout shall be removed from the banks of any waters and from the vicinity thereof during the annual close season for salmon and trout. (2) If subsection (1) is not complied with in regard to any net, the owner of, or the person who used, that net shall be guilty of an offence.

94.

Use of nets in inland waters during the annual close season for salmon and trout.

— (1) Subject to subsection (2), if any person, during the annual close season for salmon and trout, does, in the freshwater portion of any river or lake, any of the following things — he shall be guilty of an offence. (2) This section shall not apply to —

(a)

the use of a landing net or keep net solely as auxiliary to lawful fishing with rod and line;

(b)

the lawful use of a net for the taking of eels; or

(c)

the lawful use, in accordance with byelaws, of nets for the taking of fish other than salmon, trout or eels.

95.

Annual close season for angling for salmon and annual close season for angling for trout.

— (1) In this Act the expression “ the annual close season for angling for salmon ” means, in relation to any locality, the period during which it is declared by a byelaw for the time being in force and applicable to that locality to be unlawful to fish for or take salmon with rod and line, or, if no period is prescribed, the period from 31st October in any year to 31st January in the then next-following year. (2) In this Act the expression “ the annual close season for angling for trout ” means, in relation to any locality, the period during which it is declared by a byelaw for the time being in force and applicable to that locality to be unlawful to fish for or take trout with rod and line, or, if no period is prescribed, the period from 28th September in any year to the last day of February in the then next-following year.

96.

Angling for salmon or for trout during annual close season for angling for salmon or annual close season for angling for trout.

If during the annual close season for angling for salmon or the annual close season for angling for trout any person fishes for, takes or wilfully kills salmon or trout, as the case may be, with rod and line, he shall be guilty of an offence.

97.

Weekly close time.

In this Act the expression “ the weekly close time ” means, in relation to any locality, the period prescribed by byelaw as such for that locality, or if no period is prescribed, the period commencing at 6 o'clock a.m. on each Saturday and ending at 6 o'clock a.m. on the then next-following Monday.

98.

Penalty for fishing otherwise than by rod and line for salmon or trout during the weekly close time.

— (1) Subject to subsection (2), if, during the weekly close time, any person fishes for, takes or wilfully kills salmon or trout he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [ F106 £ 500] or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment. (2) Subsection (1) shall not apply to the lawful use of a rod and line for the taking of salmon or trout otherwise than during the annual close season for angling for salmon or, as the case may be, the annual close season for angling for trout.

99.

Provisions to be observed in relation to certain fixed engines during the weekly close time.

— (1) During the weekly close time — (2) If in respect of any bag net the provisions of subsection (1)( a ), or if in respect of any other net to which subsection (1)( b ) applies the provisions of subsection (1)( b ), are not complied with, the occupier of that bag net or net shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [ F107 £ 500] or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment. (3) Nothing in this section shall be construed as rendering liable to any penalty a person who satisfies the court that he was prevented by floods, storm, or stress of weather from complying with subsection (1) during the continuance of that prevention.

100.

Provisions to be observed in relation to salmon weirs during the weekly close time.

— (1) During the weekly close time the inscales and heck of each box in a salmon weir shall be either removed or opened out in such a manner that a clear opening of not less than [ F108 1.2 metres ] in width is left open therein from the top to the bottom of the box and a free, direct and uninterrupted space of that width is effectually secured for the passage of all fish, both up and down, through the box. (2) If in respect of any salmon weir the provisions of subsection (1) are not complied with, the occupier thereof shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [ F109 £ 500] in respect of each box in the weir the inscales and heck whereof are not removed or opened out as required by subsection (1). (3) Nothing in subsection (2) shall be construed as rendering liable to any penalty a person who satisfies the court that he was prevented by floods, storm or stress of weather from complying with subsection (1) during the continuance of that prevention.

101.

Penalty for preventing fish from passing through boxes, etc., during the weekly close time.

If any person, during the weekly close time — he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [ F110 £ 500] or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

102.

Scaring or obstructing free passage of salmon or trout during the weekly close time.

— (1) Without prejudice to section 101, if any person scares, impedes or obstructs the free passage of salmon or trout during the weekly close time, he shall be guilty of an offence. (2) This section shall not apply to any person who takes fish lawfully by rod and line during the weekly close time.

103.

Use of nets in inland waters during the weekly close time.

— (1) Subject to subsection (2), if any person, during the weekly close time, does, in the freshwater portion of any river or lake, any of the following things — he shall be guilty of an offence. (2) This section shall not apply to —

(a)

the use of a landing net or keep net solely as auxiliary to lawful fishing with rod and line;

(b)

the lawful use of a net for the taking of eels; or

(c)

the lawful use, in accordance with byelaws, of nets for the taking of fish other than salmon, trout or eels.

104.

Restriction on use of salmon or trout nets during certain hours in freshwater portions of rivers.

— (1) Subject to subsection (3), it shall not be lawful for any person to use any net for the capture of salmon or trout in the freshwater portion of any river between the hours of eight o'clock in the evening and six o'clock in the morning. (2) If any person contravenes subsection (1) he shall be guilty of an offence. (3) This section shall not apply to the use of a landing net or keep net solely as auxiliary to lawful fishing with rod and line [ F111 or in connection with the lawful operation of a fishing weir.]

105.

Annual close season for pollen.

In this Act, the expression “ the annual close season for pollen ” means, in relation to any locality, the period from 31st October in any year to 31st January in the then next-following year or such other period as may be declared by a byelaw for the time being in force and applicable to that locality to be a period during which it is unlawful to fish for, take or kill pollen.

106.

Extension of sections 90 and 98 to pollen.

The provisions of section 90 and of section 98 shall apply to pollen in the same way as they apply to salmon and trout, with the substitution therein of references to pollen for references to salmon or trout, and of references to the annual close season for pollen for references to the annual close season for salmon and trout, and with the omission from section 98(2) of the words from “ otherwise ” to the end of the subsection.

107.

Annual close season for eels.

In this Act the expression “ the annual close season for eels ” means in relation to any locality and for the purposes of the taking of eels by means of a fishing engine of any description, other than rod and line, the period during which it is declared by a regulation under section 15 for the time being in force and applicable to that locality to be unlawful to fish for or take eels by means of a fishing engine of that description, or if no period is so prescribed, —

108.

Prohibition of taking etc. eels, otherwise than by rod and line, during the annual close season.

— (1) Subject to subsection (2), and without prejudice to section 109, if any person — he shall be guilty of an offence and shall be liable on summary conviction [ F113 to a fine not exceeding £ 500 or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.] (2) [ F114 Paragraph ( a )] of subsection (1) shall not apply to the fishing for or taking of eels by rod and line, or the killing of eels so taken, and paragraph ( c ) of that subsection shall not apply to a person who, having any eel in his possession during the period referred to therein, proves that the eel was caught by rod and line at a particular place by [ F114 a person who was the holder of a fishing licence authorising him to angle for eels or who was exempted by byelaws made under section 37( f ) from the requirement to hold such a licence] otherwise than during any period for the time being fixed by byelaws as a close season for angling for eels. (3) The Ministry may by order made subject to affirmative resolution provide that this section shall have effect as if the words in subsection (1)( c ) from “ other ” onwards were omitted.

109.

Placing fishing engines for taking eels in eyes, etc., of fishing weirs during the annual close season for eels or during the daytime.

— (1) If any person places or hangs any fishing engine for taking eels in an eye or gap of any fishing weir during — he shall be guilty of an offence and shall be liable on summary conviction [ F115 to a fine not exceeding £ 500 or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.] (2) Where a person is charged with an offence under this section and it is proved that at a particular time a fishing engine for taking eels was placed or was hanging in an eye or gap of a fishing weir, and that that person was at that time the occupier of the fishing weir, then it shall, until the contrary is proved, be presumed that the fishing engine was so placed or hung by him.

110.

Prohibition of sale, etc., of salmon or trout unlawfully captured.

— (1) Subject to the succeeding provisions of this section, if any person buys, sells, offers or exposes for sale or has in his possession any salmon or trout unlawfully captured, he shall be guilty of an offence under this Part and shall be liable — (2) In any proceedings under this section, the onus of proving that the salmon or trout, the subject of the proceedings, was lawfully captured shall lie on the defendant. (3) Where a person, being a common carrier, is charged with the offence of having in his possession any salmon or trout unlawfully captured, it shall be a good defence to the charge for him to prove —

(a)

that he had the salmon or trout in his possession as a common carrier and not otherwise; and

(b)

that at the time at which the salmon or trout was accepted by him for carriage, the consignor delivered to him a certificate in writing signed by the consignor to the effect that the salmon or trout was lawfully captured.

(4) Where a person is charged with an offence under subsection (1) in relation to a salmon or a trout, and —

(a)

he proves that the fish was caught by rod and line at a particular place during a period other than the annual close season for angling for fish of that kind at that place; and

(b)

he proves that the fish was caught by [ F118 a person who was the holder of a fishing licence authorising him to angle for salmon or, as the case may be, trout or who was exempted by byelaws made under section 37( f ) from the requirement to hold such a licence],

the charge against him shall be dismissed. (5) Where a person is charged with an offence under subsection (1) in relation to a salmon or a trout and —

(a)

he proves that he acquired the fish from a person who then was, or whom he believed on reasonable grounds then to have been, the holder of a dealer's licence issued under the succeeding provisions of this Part; or

(b)

he satisfies the court that he had no reason to suppose the fish to have been unlawfully captured, and that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence;

the charge against that person shall be dismissed. (6) If a person in a certificate signed by him and delivered to a common carrier under subsection (3)( b ) makes any statement which to his knowledge is false, he shall be guilty of an offence [ F119 and shall be liable on summary conviction to a fine not exceeding £ 500.]

[ F120 111.

Prohibition of purchase, sale, etc., of salmon, trout, pollen and brown eels at certain times.

— (1) If any person buys, sells, offers or exposes for sale or has in his possession for sale — he shall be guilty of an offence under this Part. (2) Subsection (1) shall not apply to any person buying, selling, offering or exposing for sale or having in his possession for sale any fish of a kind mentioned in paragraph ( a ) or, as the case may be, ( b ) or ( c ) of that subsection which he proves was

[ F121 (a)

reared in a fish farm; or

(b)

supplied by the Department. ]

(3) For the purposes of this section a person shall be deemed to have a salmon or trout or, as the case may be, a pollen or a brown eel in his possession for sale if it is found at any place, or on or in any vehicle, specified in a dealer's licence issued to him under the succeeding provisions of this Part, unless he satisfies the court that it was not his intention to sell it. (4) The Board may by byelaws substitute for the period mentioned in paragraph ( a ) or ( b ) of subsection (1), and the Ministry may by regulations substitute for the period mentioned in paragraph ( c ) of that subsection such other period as may be specified in the byelaws or, as the case may be, the regulations. (5) Notwithstanding anything in section 19(2) or 26(4), any byelaws or regulations made under subsection (4), shall be subject to affirmative resolution.]

112.

Restriction on purchase of salmon, trout and eels.

— (1) Subject to subsection (2), a person who is not the holder, or the agent duly authorised in writing in that behalf of the holder, of a dealer's licence issued under the succeeding provisions of this Part and for the time being in force, and who buys salmon, trout or eels, [ F122 or being the holder of such a licence, or the agent of such a holder, buys salmon, trout or eels elsewhere than at the place or vehicle in respect of which the licence is in force], shall be guilty of an offence under this Part. (2) Subsection (1) shall not apply in relation to —

(a)

the bona fide purchase by or on behalf of a person of salmon, trout or eels for use by the person in his own home; or

(b)

the bona fide purchase of salmon, trout or eels by or on behalf of any person for use for catering purposes in premises in which he carries on the business of a hotel, restaurant or guest house or of providing board and lodging or meals for reward, if the purchase is made from —

(i) the holder of a dealer's licence for the time being in force; or

(ii) a fisherman who is lawfully engaged in taking and killing salmon, trout or eels, and who is the holder of a fishing licence which is for the time being in force and is available for use for the taking and killing of salmon or, as the case may be, trout or eels;

and, in the case of a purchase from a fisherman, the purchaser —

(aa) obtains from the fisherman a statement in writing containing his name and address and the number of his fishing licence and stating that the salmon or, as the case may be, the trout or eels are of his own lawful capture, and

(bb) retains the statement [ F123 and keeps it at the premises in which he carries on the business ] and produces it to an authorised officer when requested by the authorised officer to do so.

(3) A person who is buying salmon, trout or eels and purports to be acting as an agent of the holder of a dealer's licence shall produce on demand by an authorised officer his authorisation to act as such agent and if he refuses or fails to produce his authorisation or, on the production thereof, refuses or fails to permit the authorised officer to read the authorisation there and then, he shall be guilty of an offence. (4) A person who when the production of the authorisation referred to in subsection (3) is lawfully demanded of him under this section does not produce the authorisation because he is not the holder of an authorisation shall be deemed to refuse or fail to produce his authorisation within the meaning of this section. (5) Where, pursuant to subsection (2), a person (in this subsection referred to as the vendor) selling salmon, trout or eels to another person gives to that person a statement in writing which, or any part of which, is, to the knowledge of the vendor, false or misleading, the vendor shall be guilty of an offence under this Part. (6) In this section authorised officer means

(a)

an officer of the Ministry authorised by the Ministry to exercise the powers conferred by this section; or

(b)

a member of the Royal Ulster Constabulary; or

[ F123 (c)

an inspector or fishery conservation officer appointed by the Board. ]

113.

Prohibition of sale, etc., of salmon, trout and eels without licence.

— (1) Subject to subsection (3), no person shall sell, or offer or expose for sale, or have in his possession for sale at any place or from or in any vehicle, salmon, trout or eels unless he is the holder of a licence for the time being in force (in this Part referred to as a “ dealer's licence ” ) authorising him to sell salmon, trout or eels at that place, or, as the case may be, from that vehicle. (2) Any person who, not being the holder of a dealer's licence, sells, offers or exposes for sale, or has in his possession for sale salmon, trout or eels, or being the holder of such a licence sells, offers or exposes for sale, or has in his possession for sale salmon, trout or eels at a place or, as the case may be, from or in a vehicle, other than that specified in the licence, shall be guilty of an offence under this Part. (3) This section shall not apply to —

(a)

the Board; or

(b)

a fisherman selling only fish of his own lawful capture; or

(c)

the holder of a fish culture licence under section 11, in relation to fish reared in the fish farm with respect to which the licence is in force; or

(d)

a person who has possession of fish for use for catering purposes in premises in which he carries on the business of a hotel, restaurant or guest house or of providing board and lodging or meals for reward, or who sells fish or offers or exposes fish for sale as or as part of a meal in the ordinary course of such a business[ F124 ; or

(e)

a person selling a fish in pursuance of section 181(2) or of a direction given by the Ministry under section 198(1)].

114.

Grant of licence.

— (1) Where a person who is not for the time being disqualified under section 200 for holding a dealer's licence makes application in writing to the Board in the form prescribed by the Board and forwards therewith — the Board may grant a dealer's licence to that person. (2) A dealer's licence shall (unless previously terminated) continue in force until 31st December of the year in which it is granted and shall then expire.

115.

Renewal of licence.

— (1) Where the holder of a dealer's licence applies within the time before its expiration prescribed by the Board, or where a person who was the holder of a dealer's licence and is not for the time being disqualified under section 200 for holding such a licence applies within the time so prescribed after its expiration, and the application — the Board may renew that licence. (2) Every dealer's licence renewed under this section shall (unless previously terminated) continue in force until the expiration of the calendar year for which the licence is renewed, and shall then expire.

116.

Appeal from refusal of licence.

— (1) When the Board refuse to grant to a person who has complied with the provisions of section 114 or 115 either a dealer's licence or, as the case may be, the renewal of a dealer's licence, they shall send to that person a notice — (2) A person who is aggrieved by a refusal of the Board to grant to him a dealer's licence or to renew such a licence of which he is or was the holder may, within twenty-eight days from the date on which a notice under subsection (1) is served on him, appeal to the county court against such refusal.

117.

Separate licence required for each premises, etc.

A separate and distinct dealer's licence shall be taken out by every person proposing to sell salmon, trout or eels in respect of each separate and distinct place or set of premises where, or, as the case may be, every vehicle from which, it is proposed to sell the same.

118.

Publication of licences.

— (1) Every holder of a dealer's licence shall cause that licence to be displayed prominently during business hours in the place or vehicle to which the licence relates, and, if he fails to do so, he shall be guilty of an offence under this Part. (2) Lists of persons holding dealers' licences shall be published by the Board at such times and places, and in such manner and form, as may be prescribed by the Board.

119.

Temporary continuance of licence on death.

Where the holder of a dealer's licence dies, the licence shall, unless forfeited under section 200, enure for the benefit of his personal representative or his [ F127 surviving spouse or civil partner ] or any other member of his family until the expiration of two months from his death or such longer period as the Board may allow.

120.

Register to be kept by holder of licence.

— [ F128 (1) Every holder of a dealer's licence — (2) A separate register shall be kept in respect of each place or set of premises, or, as the case may be, each vehicle, with respect to which a dealer's licence is for the time being in force. (3) Where a dealer's licence is issued with respect to a vehicle, the register referred to in subsection (1) shall be kept in that vehicle whenever the vehicle is being operated in the ordinary course of business, and at other times shall be kept at such place as may be prescribed [ F128 by byelaws ] ; and, accordingly, references in this Part to any place or premises where the register is required to be kept shall, as the case requires, be construed as references to that vehicle or the place so prescribed. (4) The particulars referred to in subsection (1) shall be entered in the register on the same day as that on which the purchases, receipts or sales were made or received. (5) Subsection (1) shall not apply with respect to any one or more sales by retail made to any one person on any one day where the total weight of the fish sold to that person on that day does not exceed [ F129 2.25 kilograms ] , provided that a statement of the aggregate weight of all the fish which were the subject of such sales to all such persons on that day is entered in the register in such manner as may be prescribed [ F128 by byelaws ] . (6) Any authorised officer may inspect any register kept in pursuance of this section during such time as the place where the register is required to be kept under this section is open for the carrying on of business or at such other reasonable hours as the Board may prescribe by byelaws; and it shall be the duty of the licence-holder and of every person keeping the register, upon the request of an authorised officer, to produce for inspection by him that register, and also all invoices, consignment notes, receipts and other documents (including copies thereof where the originals are not available) which may be required to verify any entry in or explain any omission from the register, and to allow the authorised officer to take copies of or extracts from the register or any such document. (7) A demand for the inspection of a register or other document under subsection (6) shall be deemed to have been duly made to the licence-holder if the demand is made verbally at the place, premises or vehicle where the register is required to be kept under subsection (1) or (3) to any person in the employment of the licence-holder. (8) A person who holds or has held a dealer's licence shall preserve and retain any register kept by him under this section [ F130 together with any documents which may be required to verify any entry in or explain any omission from that register] for a period of six months after the expiration of the latest year in which an entry was made in the register. (9) Any holder of a dealer's licence who contravenes any provision of this section shall be guilty of an offence under this Part. (10) Any person who wilfully or negligently makes or causes to be made in a register kept under this section any entry which is false or misleading in any material particular shall be guilty of an offence under this Part. (11) In this section “ authorised officer ” has the same meaning as in section 112(6).

S.121 rep. by 1981 NI 7

122.

Marking of packages containing salmon, trout or eels.

— (1) Every package containing salmon, trout or eels in course of transit in Northern Ireland shall be marked conspicuously on the outside with the words "salmon and trout' or the word "salmon', or the word "trout', or the word "eels', as the case may require, and shall have also marked thereon or on a label affixed thereto the name and address of the consignor thereof. (2) Where any package containing salmon, trout or eels is not marked in the manner required by this section, any person —

(a)

sending or consigning the package for transit in Northern Ireland; or

(b)

carrying the package in Northern Ireland for reward (except in a case where that person proves that he did not know or could not reasonably have known that the package contained salmon, trout or eels);

shall be guilty of an offence under this Part.

123.

Penalties for offences under Part VII.

Any person guilty of an offence under any provision of this Part (other than [ F132 section 110(6)]) shall be liable —

123A.

Power to apply this Part to other species of fish.

— (1) The Department may by order provide that this Part shall apply, subject to such modifications and exceptions as may be specified in the order, to any species of freshwater fish so specified. (2) In subsection (1) “ modifications ” includes additions, omissions and amendments. (3) An order made under subsection (1) shall be subject to negative resolution.

[ F135 124.

Sea-fishing regulations.

— (1) The Department may make such regulations as appear to it to be expedient for the management, conservation, protection, improvement or increase of sea-fisheries [ F136 in Northern Ireland inshore waters or ] in [ F137 the Northern Ireland zone ] . (2) Without prejudice to subsection (1), regulations may be made for the following purposes —

(a)

the registry of sea-fishing boats;

(b)

the regulation of fishing and the preservation of good order among persons engaged therein;

(c)

prohibiting, either absolutely or in the absence of compliance with conditions specified in the regulations, the taking of sea-fish of any description at any time or season or of sea-fish in any condition, and the having on board a sea-fishing boat of any such fish, and specifying conditions on which fish taken in contravention of the regulations may be retained (and the taking and having of them therefore excused);

(d)

prohibiting in any area specified in the regulations, either without limitation of time or for any period so specified, —

(i) all fishing for sea-fish;

(ii) fishing for sea-fish of any description;

(iii) fishing for sea-fish, or sea-fish of any description, by any method so specified,

by any sea-fishing boat or by a sea-fishing boat of any description;

[ F136 (dd)

prohibiting in any area specified in the regulations, either without limitation of time or for any period so specified, —

(i) fishing from or by means of any vehicle or any vehicle of a specified description;

(ii) fishing by means of a specified description of equipment; ]

(e)

fixing the times, seasons and places in which fishing engines or gear of any description may not be on board a sea-fishing boat or used;

(f)

prohibiting the possession or use of fishing engines or gear of any description or the use of such engines or gear otherwise than in the manner prescribed by the regulations;

(g)

prohibiting any practice whatsoever tending to impede the lawful capture of sea-fish or to be in any manner detrimental to the fisheries.

[ F136 (2A) The power to make regulations under this section may be exercised for —

(a)

the conservation or enhancement of the natural beauty or amenity of marine or coastal areas (including their geological or physiographical features) or of any features of archaeological or historic interest in those areas; or

(b)

the conservation of flora or fauna which are dependent on, or associated with, a marine or coastal environment. ]

(3) If any person contravenes a regulation made under this section he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £ 1,000; and if in the case of any sea-fishing boat there is a contravention of such a regulation, the master, and the charterer, if any, of the boat, or, if there is no charterer, the owner shall each be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £ 1,000.] [ F136 (4) Where —

(a)

a person commits an offence under subsection (3); and

(b)

a vehicle or equipment is used in the commission of the offence, then, in addition to that person, any person who caused or permitted the commission of the offence is guilty of an offence.

(5) For the purposes of this section —

(a)

“ Northern Ireland inshore waters ” means the area adjacent to the coast of Northern Ireland and to the landward of a limit of 6 miles from the baseline from which the breadth of the territorial sea is measured, up to the mean high-water mark of ordinary spring tides; and

(b)

“ sea-fisheries ” includes any fishery within that area. ]

S.125 rep. by 1981 NI 7

[ F138 126.

Landing etc., fish caught in contravention of regulations.

If any person brings to land, lands or sells or offers or exposes for sale or has in his possession for the purpose of sale any fish caught in contravention of any regulation made under section 124, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £ 1,000.]

127. F139

Minimum sizes of sea-fish.

— (1) Subject to subsections (5) and (6), no person shall [ F140 bring to land], land, sell or offer or expose for sale, or have in his possession for the purpose of sale, any sea-fish of any description, being a fish of a smaller size than such size as may be prescribed in relation to sea-fish of that description by an order of the Ministry made subject to negative resolution, and orders under this subsection may prescribe a different size in relation to landing from that prescribed for other purposes. [ F140 (1A) Where an order is made under subsection (1) in relation to lobsters that subsection shall have effect as if the words “ for the purpose of sale ” were omitted; but that subsection as so modified shall not apply to the possession of lobsters purchased by retail in a shop.] (2) Subject to any exemption granted under subsection (7), no person shall have in his possession for the purpose of processing or otherwise using in the course of any business any fish to which subsection (1) applies. (3) Where an order under subsection (1) prescribes a size for fish of any description (whether in relation to landing only or for all the purposes of the subsection), then, except in so far as provision is made to the contrary by such an order, a person who lands a part of a fish of that description shall be deemed to contravene that subsection if the part is of a smaller size than the size so prescribed. [ F140 (3A) An order under subsection (1) may confer exemptions from any prohibition imposed by this section.] Subs.(4)(5) rep. by 1981 NI 7 (6) Where an order under [ F141 section 1(1) of the Sea Fish (Conservation) Act 1967

1967 c.84

] (which … F142 prohibits the landing in Great Britain and disposal there of sea-fish of less than the prescribed size … F142 ) is for the time being in force with respect to fish of any description, then, in relation to fish of that description, —

(a)

no order shall be made under subsection (1) for purposes corresponding to those of the first-mentioned order prescribing any lesser size than the size prescribed by the first-mentioned order; …

F142 Para.(b) rep. by 1981 NI 7

… F142 . (7) Where it appears to an officer authorised in that behalf by the Ministry that any fish which have been caught are fish to which subsection (1) applies, the officer may grant in writing to any person such exemption from subsection (2) as the officer considers requisite to enable the fish to be disposed of. (8) If any person contravenes this section, that person shall be guilty of an offence, … F142 . (9) Any person, … F142 who is guilty of an offence under subsection (8) shall be liable on summary conviction [ F143 to a fine not exceeding £ 1,000.] (10) Any officer of a market authority acting within the limits of a market which that authority has power to regulate, may seize any sea-fish which are landed, sold or offered or exposed for sale by any person in contravention of this section or which any person has in his possession in contravention of this section and for the purposes of this subsection may exercise any power conferred on an authorised officer by section 178. (11) In this section “ sea-fish ” includes fish which has been cured, frozen or otherwise preserved, and “ market authority ” means any authority or person having power to regulate a market.

128.

Use of beaches, etc., by fishermen for purposes of sea-fishing.

— (1) Any fisherman or any person employed by a fisherman may — (2) If any person resists or forcibly obstructs any other person exercising any right conferred by subsection (1), the first-mentioned person shall be guilty of an offence. (3) Subsection (1) shall not be construed as authorising the erection of any fixtures or fixed nets on any beach, strand or waste land.

129.

Use by fishermen of land adjoining fishing places.

— (1) Any fisherman engaged in sea-fishing, and any person watching on behalf of, directing, guiding, assisting or helping to attend to the nets of any such fisherman may, subject to subsection (2), enter any land in the vicinity of any fishing place for the purpose of watching for or of drawing or carrying ashore fish, or for the purposes of directing and guiding any fisherman engaged or about to engage in fishing. (2) Subsection (1) shall not authorise any person to enter an enclosed garden or any cultivated land bearing a growing crop. (3) If any person resists or forcibly obstructs any other person exercising any right conferred by subsection (1) the first-mentioned person shall be guilty of an offence.

S.130 rep. by 1981 NI 7

131.

Power of Department to grant shell-fish fishery licence.

— (1) Where the Department grants to any person a fish culture licence under section 11 authorising the operation of a fish farm for the culture of shell-fish of any kind at a place specified in the licence, the Department may, in accordance with the provisions of this Part, grant to that person a further licence (a “ shell-fish fishery licence ” ) conferring on him the exclusive right of cultivating shell-fish of that kind within any area specified in the shell-fish fishery licence ( “ the licensed area ” ) which is at that place. (2) Subject to subsections (3) and (4), the licensed area may include any part of the foreshore or any part of the bed of the sea or an estuary. (3) A shell-fish fishery licence shall not specify any area in which the Department is satisfied the public exercise a substantially profitable fishing for shell-fish. (4) A shell-fish fishery licence shall not specify any area —

(a)

which forms part of the foreshore or the bed of the sea or an estuary, unless the licence is granted with the consent of the Secretary of State;

(b)

which forms part of the Crown Estate or is subject to rights exercisable by the Crown in right of the Crown Estate, unless the licence is granted with the consent of the Crown Estate Commissioners;

(c)

which forms either part of the foreshore or part of the bed of the sea or an estuary owned or lawfully occupied by a person other than the Crown, unless the licence is granted to, or with the consent of, the owner or occupier of that part of the foreshore or that part of the bed of the sea or the estuary;

(d)

which is within the limits of a several fishery, unless the licence is granted to, or with the consent of, the owner or occupier of that fishery.

(5) In subsection (4) “ consent ” means consent in writing.

132.

Application for shell-fish fishery licence.

— (1) An application for a shell-fish fishery licence shall be made to the Department in such form and manner as the Department may direct and shall be accompanied by any consents required by section 131(4) ( a ), ( c ) or ( d ). (2) On considering an application for a shell-fish fishery licence —

(a)

if the Department is minded to grant the licence it shall —

(i) publish, at the applicant's expense, notice of the application in the Belfast Gazette and in such two or more newspapers as the Department considers appropriate, stating the address to which and the period (not being less than one month from the date of publication) within which objections in writing to the grant of the licence may be sent to the Department; and

(ii) if any objections (not being, in the opinion of the Department, vexatious, frivolous or insubstantial) are received within that period and not withdrawn, and are not such as, without further inquiry, to cause the Department to become minded not to grant the licence, cause a local public inquiry to be held [ F145 by the Appeals Commission for the purpose of considering those objections ] ; F145 ...

Head (iii) rep. by 1991 NI 13

Para. (b) rep. by 1991 NI 13

(c)

if, otherwise than after the holding of a local public inquiry, the Department is minded not to grant the licence [ F145 or grants the licence subject to conditions —

(i) the Department shall give to the applicant a written notification of the reasons why it is minded not to grant the licence or has granted it subject to conditions; and

(ii) the applicant may, within 28 days from the day on which such notification is given, appeal to the Appeals Commission. ]

133.

Form, conditions, duration and variation of shell-fish fishery licence.

— (1) A shell-fish fishery licence — (2) Where any consent mentioned in section 131(4) was given subject to any conditions or limitations, those conditions or limitations shall be specified in the licence. (3) Where a shell-fish fishery licence has been granted —

(a)

to the occupier (not being the owner) of a several fishery or of any land included in the licensed area;

(b)

to any person with the consent of such an occupier ,

and the owner of the several fishery or land did not consent in writing to the grant of the licence, the licence shall remain in force only during the continuance in occupation of that occupier. (4) Where a shell-fish fishery licence is granted with the consent in writing of any owner or occupier and a period is named in the consent, the licence shall remain in force only for that period. (5) Subject to [ F146 subsections (5A) and (6) ] , a shell-fish fishery licence may be varied by the Department —

(a)

on the Department's own motion, after consultation with the licensee, within 10 years from the date on which the licence was granted (but not so as to extend the licensed area); or

(b)

on the application of the licensee at any time;

and where an application is made under paragraph ( b ) for the variation of a licence (otherwise than solely by reducing the licensed area) sections 131(2) to (5) and 132 shall apply as they apply to the grant, or an application for the grant, of a licence. [ F146 (5A) Where the Department varies a licence under subsection (5)(a) —

(a)

the Department shall give to the applicant a written notification of the reasons for the variation; and

(b)

the applicant may, within 28 days from the day on which such notification is given, appeal to the Appeals Commission. ]

(6) A shell-fish fishery licence shall not be varied so as to affect any conditions or limitations subject to which a consent under section 131(4) was given, or any period named in such a consent, otherwise than with the consent in writing of the person or authority who gave the consent or his or its successor in title.

134.

Publication of shell-fish fishery licence.

The Department, when it grants a shell-fish fishery licence, shall cause notice of the grant to be published, at the licensee's expense, in the Belfast Gazette and in such two or more newspapers as the Department considers appropriate.

135.

Effect of shell-fish fishery licence.

— (1) A shell-fish fishery licence shall confer on the licensee a right of several fishery in the licensed area in relation to shell-fish of any kind specified in the licence. (2) Without prejudice to subsection (1), a shell-fish fishery licence shall confer on the licensee within the licensed area the exclusive right of depositing, propagating, dredging, fishing for, and taking shell-fish of any kind specified in the licence and, in exercise of that right, the right —

(a)

to establish and maintain suitable living conditions for shell-fish of that kind;

(b)

notwithstanding any regulations under section 124(2)( c ) and notwithstanding section 127(1) and (1A), at any season to collect shell-fish of that kind and remove them from place to place within the licensed area or to another licensed area and to deposit them as and where he thinks fit;

(c)

to do all other things which he thinks proper for obtaining, storing and disposing of the produce of the fishery or for the regulation of the fishery.

(3) To the extent to which —

(a)

arrangements made between the licensee and the Secretary of State; and

(b)

where the licence was granted with the consent of the Crown Estate Commissioners, arrangements made between the licensee and the Commissioners,

allow, and subject to compliance by the licensee with the terms and conditions of the arrangements, a shell-fish fishery licence shall confer on the licensee within so much of the licensed area as consists of bed of the sea or an estuary, foreshore and (in the case of the Secretary of State) land contiguous to the foreshore and immediately below the level of mean high water springs the right, in exercise of the right mentioned in subsection (2), to moor, deposit, transport or erect such rafts, trays or other structures or devices as are necessary for or reasonably incidental to the culture of shell-fish of a kind specified in the licence. (4) A shell-fish fishery licence shall not, —

(a)

except for the purpose of the culture of shell-fish of a kind specified in the licence, affect any right in or over the foreshore or the bed of the sea or any estuary, or any right of several fishery;

(b)

for any purpose, affect any such right of any person which he enjoys under a local or personal Act or under Royal Charter, letters patent, prescription or immemorial usage, without the consent of that person.

(5) Subject to subsection (4), every shell-fish fishery licence shall be binding on the Crown and on all persons whomsoever, and shall operate to vest in the licensee, his executors, administrators and assigns such rights as are given by the licence, free from all prior or other estates.

136.

Offences with respect to licensed shell-fish fishery.

— (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 — he shall be guilty of an offence. (2) Without prejudice to [ F147 Article 14 of the Criminal Justice (Northern Ireland) Order 1994 ] (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.

137.

Suspension or revocation of shell-fish fishery licence.

— (1) Without prejudice to subsection (2), a shell-fish fishery licence may be suspended or revoked in accordance with the provisions of Schedule 1; and in the application of those provisions for the purposes of this section “ licence ” shall mean a shell-fish fishery licence. (2) Notwithstanding that there has not been, in relation to a shell-fish fishery licence, any contravention such as is mentioned in paragraph 1 of Schedule 1, the Department may suspend or revoke such a licence when it suspends or, as the case may be, revokes a fish culture licence held by the licensee in respect of any place at which the area specified in the shell-fish fishery licence is situated; but, where the revocation of the fish culture licence is annulled by the county court on an appeal under paragraph 6 of Schedule 1, the shell-fish fishery licence shall be revived. (3) Upon the revocation of a shell-fish fishery licence, all rights conferred by the licence shall absolutely determine, but they shall revive if the licence is revived under subsection (2). (4) When a shell-fish fishery licence is revoked the Department shall —

(a)

cause notice of the revocation to be published in the Belfast Gazette; and

(b)

notify the revocation to the Secretary of State, and also to the Crown Estate Commissioners where the licence was granted with their consent.]

Ss. 138 ‐ 159. The substituted Part IX comprises sections 131 ‐ 137 only

137A.

Marine fish fishery licences.

— (1) Where the Department grants to any person a fish culture licence under section 11 authorising the operation of a fish farm for the culture of any species of marine fish at a place specified in the licence, the Department may, in accordance with this section, grant to that person a further licence (a "marine fish fishery licence") conferring on him the exclusive right of cultivating marine fish of that species within any area specified in the marine fish fishery licence ("the licensed area") which is at that place. (2) Sections 131 to 137 shall apply to marine fish fishery licences subject to the following modifications —

(a)

subject to paragraphs (b) to (d) —

(i) any reference to a shell-fish fishery licence shall be construed as a reference to a marine fish fishery licence;

(ii) any reference to shell-fish shall be construed as a reference to marine fish of the species specified in the licence;

(b)

in section 131 —

(i) subsection (1) shall be omitted, and

(ii) in subsection (3) for the words “ fishing for shell-fish ” there shall be substituted the words " fishing for marine fish of any kind or for shell-fish " ;

(c)

in section 135 —

(i) in subsection (2) for the words “ depositing, propagating, dredging ” there shall be substituted the words " introducing, propagating, harvesting " , and

(ii) in paragraph (b) of that subsection for the word “ deposit ” there shall be substituted the word " introduce " ; and

(d)

in section 136(1), for paragraph (a) there shall be substituted the following paragraph —

" (a) uses any implement to catch fish of any kind; or "

(3) In this section “ marine fish ” means fish of any kind found in the sea, but does not include shell-fish.

160.

Obstructing persons lawfully fishing.

If any person unlawfully obstructs any person lawfully engaged in fishing or in proceeding to or in returning from lawful fishing, such first-mentioned person shall be guilty of an offence.

161.

Placing fishing engine with intent to prevent fish entering any other fishing engine lawfully set.

If any person wilfully and maliciously places any fishing engine with intent to prevent fish from entering the fishing engine of any other person set and placed in a lawful manner, such first-mentioned person shall be guilty of an offence.

162.

Taking or using boats without permission.

If any person, without the permission of the owner thereof, removes, takes, uses or employs any boat he shall be guilty of an offence.

163.

Names of owners to be painted on fishing boats.

— (1) Every boat used for fishing, other than a fishing boat excepted from the application of this section by subsection (3), shall have upon some conspicuous place thereof the name of the owner, or of one of the owners where more than one, and of his place of residence, painted in clear legible characters or letters of not less than [ F148 5 centimetres ] in length. (2) If, in respect of any boat to which this section applies the provisions of subsection (1) are not complied with, the owner of the boat or any person using it shall be guilty of an offence. (3) This section shall not apply to any fishing boat registered under [ F149 the [ F150 Part II of the Merchant Shipping Act 1995 ] ] or to any boat which, so far as it is used for fishing, is used solely for catching fish otherwise than for profit.

164.

Unauthorised entry on several fishery.

If any person without authority from the owner or occupier enters into or upon a several fishery for the purpose of fishing, or kills or takes any fish therein, he shall be guilty of an offence.

165.

Unauthorised fishing in private ponds.

If any person kills, takes or destroys any fish in any pond, private canal or reservoir without the authority of the owner of such pond, private canal or reservoir, he shall be guilty of an offence.

166.

Definitions for purposes of Part XI.

— (1) In this Part — “ authorised person ” means [ F151 (except where otherwise provided) ] a person being —

(a)

a member of the Royal Ulster Constabulary, or

(b)

an officer appointed by the Ministry, or

(c)

an officer of the Board, or

(d)

a private water bailiff;

“ officer of the Board ” means [ F151 the Chief Executive of the Board or, ] an inspector or water bailiff appointed by the Board; Definition rep. by 1981 NI 7 (2) In sections 174 to 177, 179, 184 and 185 the expression “ authorised person ” includes —

(a)

any British sea-fishery officer, …

F152 Para.(b) rep. by 1981 NI 7

(3) In subsection (2) “ British sea-fishery officer ” means [ F153 any person who is such an officer for the purposes of the Sea Fisheries Acts (as defined by section 19(1) of the Sea Fisheries Act 1968

1968 c.77

).]

167.

Amendment of 1836 c.13 s.15, as to purposes for which members of the Royal Ulster Constabulary may be employed.

— (1) Subject to subsection (2), any member of the Royal Ulster Constabulary may enforce the provisions of this Act or of any instrument made under this Act, F155 ... . (2) Save F155 ... where forcible resistance is actually made and is proved by information on oath), no member of the Royal Ulster Constabulary shall enter upon any lands or waters for the purpose of enforcing the fishing rights of any owner or occupier thereof, or of any person in whom fishing rights are vested.

168.

Restriction on powers of officers of the Board.

— (1) Subject to subsection (2), an officer of the Board shall not enter upon any lands or waters for the purpose of enforcing the fishing rights of any owner or occupier thereof, or of any person in whom fishing rights are vested. (2) Subsection (1) shall not apply in any case where the fishing rights in question are rights of the Ministry [ F156 or rights of an owner or occupier of land or waters with whom the Board has entered into an agreement under section 25(3)(cc) ] .

S.169 rep. by 1981 NI 7

170.

Appointment, etc., of private water bailiffs.

— (1) Any of the following persons, namely, may by instrument in writing in the form set out in Schedule 5 appoint any person (other than a person disqualified under subsection (7)) to be a private water bailiff for the protection of the fisheries in any such lake or river or the tributaries thereof, or on such part of the sea coast [ F157 or for the protection of that shell-fish fishery or those shell-fish fisheries.] (2) A person appointed to be a private water bailiff shall not act in that capacity until his appointment is confirmed by a court of summary jurisdiction sitting for the petty sessions district (or any one such district where there are more than one) within which the private water bailiff is appointed to act. (3) A person making application under subsection (2) for confirmation of the appointment of a person as a private water bailiff shall, not less than fourteen days before the date of the hearing of the application, give notice in writing of the application to the Board [ F158 and the Department, and the Board and ] [ F157 the Department] shall be entitled to appear before the court, be heard and adduce evidence on the hearing of the application, and may do so by [ F159 one of its officers] or by solicitor or counsel. (4) The confirmation of the appointment of a person as a private water bailiff shall be effected by the resident magistrate endorsing the instrument of appointment. (5) Where a court of summary jurisdiction has confirmed the appointment of a person to act as a private water bailiff within the petty sessions district for which the court sits or within any such districts of which that district is one, the court upon complaint made to it, may revoke the appointment, and thereupon the appointment shall be terminated. [ F158 (5A) Where a person who has appointed a private water bailiff revokes that appointment, that person shall, within 14 days of the revocation, serve written notice thereof on the clerk of petty sessions for the petty sessions district in which the court by which the appointment was confirmed, sits. ] [  F158 (6) Where —

(a)

the appointment of a person as a private water bailiff has been confirmed under subsection (4) or revoked under subsection (5), or

(b)

notice of the revocation of such an appointment has been received under subsection (5A),

the clerk of the court shall notify the Department and the Board of such confirmation or revocation or, as the case may be, such notice, as soon as practicable. ] (7) An officer of the Board shall be disqualified for appointment as a private water bailiff. [ F158 (7A) Any person or society mentioned in paragraphs (a) to (e) of subsection (1) who employs any person to act as a private water bailiff shall, before 31st January in each year, make to the Board a return in such form and containing such information as may be prescribed by byelaws. (7B) The Board shall maintain a register of the names and addresses of those who are entitled to act as private water bailiffs. (7C) The register to be maintained under subsection (7B) shall be open to inspection by the Department. ] (8) If any person —

(a)

acts as a private water bailiff without having his appointment confirmed under subsection (4); or

(b)

so acts after his appointment has been revoked either by a court under subsection (5) or by his employer; [ F158 or ]

[ F158 (c)

fails to serve written notice under subsection (5A) within the time specified in that subsection; or

(d)

fails to make a return to the Board under subsection (7A) by the date specified in that subsection; ]

he shall be guilty of an offence [ F160 and shall be liable on summary conviction to a fine not exceeding £ 200]. (9) The powers conferred by this Part on a private water bailiff shall be exercisable only for the protection of the fishery specified in his instrument of appointment.

170A.

Duration of appointments of private water bailiffs.

— (1) Any person whose appointment as a private water bailiff is confirmed after the coming into operation of Article 25 of the Fisheries (Amendment) (Northern Ireland) Order 1991 shall, unless his appointment is renewed in accordance with Schedule 5A, cease to be a private water bailiff on the expiration of the period of 5 years from the date of that confirmation. (2) Any person whose appointment as a private water bailiff was confirmed before the coming into operation of that Article of that Order shall, unless his appointment is renewed in accordance with Schedule 5A, cease to be a private water bailiff either —

(a)

on the expiration of the period of 5 years from the date of that confirmation, or

(b)

on the expiration of the period of 1 year from the date of the coming into operation of that Article of that Order,

whichever period is longer. (3) In subsections (5), (5A), (6) and (8) of section 170 references (in whatever terms) to a person's appointment as a private water bailiff shall be construed as including references to the renewal of his appointment as such. (4) Nothing in this section shall preclude the re-appointment under section 170 of a person who ceases, by virtue of subsection (1) or (2), to be a private water bailiff.

171.

Warrant for exercise of powers.

The production by an officer of the Board or a private water bailiff of the instrument of his appointment shall be a sufficient warrant for his exercising the authority conferred on him by this Part, but the production of that instrument shall not be necessary unless he has been first required to produce it.

172. F162

General powers of authorised persons.

— (1) An authorised person may, for the purposes of the protection of the fisheries, at any time — [ F164 (1A) Without prejudice to subsection (1)(a), an authorised person other than a private water bailiff may for the purpose of preventing or detecting the commission of an offence against any provision of this Act at any time enter on and traverse any land either on foot or, where there is a suitable roadway, lane or path, in a motor vehicle. (1B) Where, by virtue of subsection (1A), an authorised person brings a motor vehicle onto any land, he shall not cause or permit that vehicle to stand or remain in such a position as to cause or be likely to cause any danger or obstruction. (1C) An authorised person, on leaving any land which he has entered by virtue of this section, shall leave that land as effectually secured against trespassers as he found it. ] (2) Nothing in this section shall be construed as authorising any person to enter any enclosed garden or any dwelling house or the curtilage thereof except where the ordinary road or passage to any weir, dam or dyke traverses such garden or curtilage. (3) In this section, “ suspected ” means suspected on reasonable grounds.

173.

Power of justice of the peace to grant warrant to enter certain places.

— (1) Where upon a sworn complaint in writing it appears to any justice of the peace that there are reasonable grounds for believing that a breach of the provisions of this Act or any regulation or byelaw made thereunder has been committed within any enclosed garden or any dwelling house or the curtilage thereof, he may by warrant under his hand empower an authorised person to enter that garden or dwelling house or the curtilage thereof [ F165 if need be using such force as is reasonable in the circumstances ] . (2) A warrant under this section shall not continue in force for more than seven days from the date thereof [ F165 and may, except where a specific time for execution is mentioned in the warrant, be executed at any reasonable time ] . [ F165 (3) A person authorised to enter premises by virtue of a warrant issued under this section —

(a)

may take with him such other authorised persons and such equipment he considers may be necessary; and

(b)

shall, on leaving any unoccupied premises which he has entered by virtue of such a warrant, leave them as effectually secured against trespassers as he found them.

(4) In this section “ authorised person ” does not include a private water bailiff. ]

174.

Boarding and examination of fishing boats.

— (1) Any authorised person to whom this section applies may do, with respect to any boat [ F166 which is or has been] employed in fishing, all or any of the following things — [ F168 (1A) Any authorised person to whom this section applies may, for the purpose of enforcing regulations made under section 124, do all or any of the following things with respect to any vehicle or equipment which is or has been employed in fishing —

(a)

enter in or on the vehicle or equipment;

(b)

require the attendance of the person in charge of, and any other persons in or on or using, the vehicle or equipment and require all such persons to do anything which appears to him to be necessary for facilitating the performance of his functions;

(c)

in relation to any vehicle, examine —

(i) any fish in or on the vehicle;

(ii) any apparatus on the vehicle, including any fishing engine and any fishing gear used in association with any such engine;

(iii) any document relating to the vehicle;

(d)

in relation to any equipment, examine that equipment and any fish in or on the equipment;

(e)

seize —

(i) any vehicle or equipment which is being, or is reasonably suspected of having been, used in the commission of an offence under any regulation made under section 124;

(ii) any fish in respect of which an offence is being, or is reasonably suspected of having been, committed under any regulation made under section 124. ]

(2) If the master of a fishing boat refuses to produce the certificate of registration or other papers of the boat when required to do so by any person acting under subsection (1), [ F167 or if he or any other person who is or has been on board the boat refuses without reasonable excuse to attend upon the authorised person or to do anything which the authorised person requires him to do for facilitating the performance of his functions, he or, as the case may be, that other person] shall be guilty of an offence [ F169 and shall be liable on summary conviction to a fine not exceeding £ 1,000]. (3) This section applies to the following authorised persons, that is to say —

(a)

a member of the Royal Ulster Constabulary;

(b)

an officer appointed by the Ministry;

(c)

a person to whom section 166(2) applies.

(4) In this section “ certificate of registration ” includes any certificate issued under section [ F167 124(2)( a )], and any certificate issued with respect to a boat registered under [ F170 the [ F171 Part II of the Merchant Shipping Act 1995 ] ] .