Foyle Fisheries Act (Northern Ireland) 1952

PART IPRELIMINARY AND GENERAL

2Interpretation.

3The Foyle Area.

S. 4 rep. by 1966 c. 17 (NI)

S. 5 rep. by SI 1999/859

6Deposit of copies of orders and regulations.

S. 7 rep. by SLR 1976

PART IIACQUISITION OF FOYLE FISHERY RIGHTS

8Power to acquire fishing rights, etc.

9Exemption from stamp duties.

PART IIITHE FOYLE FISHERIES COMMISSION

Constitution and Functions

11Establishment of Foyle Fisheries Commission.

12Exemption from rates and taxes.

14Restrictions on number of licences.

14AAcquisition and development of waters for angling

14BPermits to fish in Commission's waters

Ss. 15‐18 rep. by SI 1999/859

Dissolution of Londonderry Board

19Dissolution of Londonderry Board.

S. 20 rep. by SLR 1976

S. 21 rep. by SI 1999/859

Part IV (Ss. 22 - 26) rep. by SI 1999/859...

PART VTIMES OF FISHING AND ANCILLARY PROVISIONS

27Close seasons and close time.

28Fishing during close seasons.

29Fishing during close time.

30Obstruction of salmon and trout.

31Removal of fixed engines during close season and close time.

32Removal of nets from banks of rivers during close season.

33Use of nets during close season or close time.

34Prohibition of sale, etc., of salmon and trout unlawfully captured.

S. 35 rep. by 1966 c. 17 (NI)

PART VIPROTECTION OF FISHERIES

Unlicensed fishing, etc.

35AProhibition of unlicensed fishing

35BExceptions, defences, etc. in relation to offences under section 35A

Regulations as to Nets

36Restrictions on use of nets.

37Mesh of nets for the taking of salmon in the sea and tideways.

38Use of salmon nets near mouths of rivers.

39Restriction on possession of unlawful net, etc.

Prohibition of Certain Methods of Fishing for, and of Practices Liable to Destroy, Salmon and Other Fish

[40Penalty for use or possession of deleterious matter.

[41Penalty for pollution.

42Penalty for using, etc., certain devices for taking fish.

43Fishing for salmon or trout in a river by cross lines.

44Damming, etc., river or mill race for purpose of taking salmon or trout.

45Taking fish unlawfully killed or found dead.

Protection of Young and Breeding Fish

46Taking, etc., spawn, smolts or fry of salmon or trout.

47Disturbing fish on spawning beds.

48Penalties for taking, buying, etc., unseasonable salmon or trout.

Miscellaneous Offences

49Obstructing persons lawfully fishing.

50Placing fishing engine with intent to prevent fish entering nets lawfully set.

51Giving warning to persons unlawfully fishing.

[51AUse of boat or vehicle as aid to commission of offence.

Agents for Fishery Owners

PART VIAAQUACULTURE

Aquaculture licences

52AAquaculture licences

52BApplications for aquaculture licences

52CDetermination of applications for aquaculture licences

52DForm and conditions of aquaculture licences

52EDuration of aquaculture licences

52FEffect of aquaculture licence

52GVariation of aquaculture licences by Commission

52HVariation of aquaculture licences: applications by holder of licence

52IRevocation of aquaculture licences

52JSurrender of aquaculture licences

52KVesting of aquaculture licences on death or bankruptcy of holder

52LTransfer, etc. of aquaculture licences

52MRegister of aquaculture licences

52NFees in respect of applications for aquaculture licences, etc.

Foyle and Carlingford Aquaculture Licensing Appeals Board

52OFoyle and Carlingford Aquaculture Licensing Appeals Board

52PAppeals from decisions with respect to aquaculture licences

52QReasons to be given for decisions

52RRecapture of escaped stock

52SOffences of making false or misleading statements or false entries

52TInquiries and inspections

52VTransitional provision – existing licences in the Foyle and Carlingford Areas

52WTransitional provision – applications, etc. for certain licences in the Foyle Area and the Carlingford Area

52XInterpretation

PART VIIPOWERS OF AUTHORISED PERSONS

54Appointment of inspectors and river watchers.

55Appointment of river watchers by persons interested in fisheries.

55ADuration of appointment of river watchers

55BRenewal of appointment as river watcher

56Limitations on exercise of powers.

57Warrant for exercise of powers.

58General powers.

59Power of lay magistrate to grant warrant to enter certain premises.

60Boarding and examination of fishing vessels.

61Apprehension of offenders.

62Powers in relation to fishing engines, etc.

63Powers of inspection, examination, and detention.

[64Procedure for disposal of boat or fishing engine seized.

65Protection of authorised persons.

66Penalty for assaulting or obstructing authorised persons.

PART VIIILEGAL PROCEEDINGS

67Application of penal provisions of Act.

68Penalties for offences.

69Saving for acts done for artificial propagation, scientific purposes or improvement of fisheries.

70Residence of body corporate.

71Offences by bodies corporate.

72Trial of offences.

73Evidence of mouths of rivers, boundaries between tidal and freshwater portions of rivers, points of mouths of rivers to or from which distances are to be measured.

74Forfeiture of licences.

75Forfeiture of boats, fishing engines, etc., as statutory consequence of conviction.

76Non-obligation of Court to pronounce or record forfeiture.

77Disposal of fines.

78Disposal of forfeitures.

79Proof of regulations, bye-laws, etc.

81Powers in relation to inquiry.

82Calculation of time periods

First Schedule rep. by 1966 c. 17 ( NI

First Schedule rep. by 1966 c. 17 ( NI

First Schedule rep. by 1966 c. 17 ( NI

SECOND SCHEDULESection 8. The Schedule sets out details of the sale of the fishery, including lands,...

The Schedule sets out details of the sale of the fishery, including lands, chattels, etc.

The Schedule sets out details of the sale of the fishery, including lands, chattels, etc.

THIRD SCHEDULETHE FOYLE, CARLINGFORD AND IRISH LIGHTS COMMISSION

Para. 1 rep. by SI 1999/859

Para. 1 rep. by SI 1999/859

Particular powers of the Commission.

2(1) The Commission shall have, in addition and without prejudice to any powers given to...

Special powers during transitional period.

3(1) Notwithstanding anything contained in this Act, the Commission may at its discretion, during the...

Paras. 4‐14 rep. by SI 1999/859

Paras. 4‐14 rep. by SI 1999/859

Power to acquire and dispose of land.

15The Commission may purchase and take on lease such land and build, equip and maintain...

Paras. 16‐19 rep. by SI 1999/859

Paras. 16‐19 rep. by SI 1999/859

SCHEDULE 3AFOYLE AND CARLINGFORD AQUACULTURE LICENSING APPEALS BOARD

1(1) The Appeals Board shall have the legal capacities of a body corporate. (2) The...

2(1) Subject to the provisions of this paragraph, the remuneration, allowances and expenses of the...

3(1) The Appeals Board may for the purposes of its functions, with the approval of...

4At a meeting of the Appeals Board— (a) the quorum shall be 5 members; (b)...

5The seal of the Appeals Board shall, when applied to a document, be authenticated by...

Code of conduct

6(1) The Appeals Board shall, as soon as practicable, draw up a code of conduct...

7(1) The Appeals Board shall, in such form as may be determined by NSMC, keep...

8(1) The Appeals Board shall submit a report on its activities in each year to...

9In this Schedule, “ the Finance Departments ” means the Northern Ireland Department of Finance...

SCHEDULE 3BPROCEDURE IN RELATION TO APPEALS

Notice of appeal

1(1) A notice of appeal shall— (a) be made in writing; (b) state— (i) the...

2(1) If the Appeals Board considers that the notice of appeal does not comply with...

3(1) The Appeals Board may strike out a notice of appeal at any stage in...

4(1) The appellant may amend the notice of appeal only with the permission of the...

Withdrawal of appeal

5(1) The appellant may withdraw his appeal only with the permission of the Appeals Board....

Response to notice of appeal

6On receiving a notice of appeal the Appeals Board shall— (a) send an acknowledgement of...

7(1) The Commission shall send a response to the Appeals Board in the form required...

8If the Commission wishes to request confidential treatment for any part of its response, it...

9(1) If the Appeals Board considers that the response does not comply with paragraph 7,...

10(1) The Appeals Board may, after hearing the parties, strike out the response at any...

11(1) The Commission may amend the response only with the permission of the Appeals Board....

Consolidation, location and conduct of proceedings

12(1) Where two or more notices of appeal have been received in respect of the...

13The Appeals Board may hold any meeting or hearing or give any directions in such...

Directions and witnesses

14(1) The Appeals Board may at any time, on the request of a party or...

15(1) Subject to sub-paragraphs (2) and (3), the Appeals Board may at any time, either...

16If any party fails to comply with any direction given in accordance with this Schedule,...

Oral hearing to be in public

17Any oral hearing shall be in public except for any part of the hearing where...

Decision of the Board

18(1) The decision of the Appeals Board shall be delivered in such manner as may...

Schedule 4 rep. by SI 1999/859

FIFTH SCHEDULEFORM OF APPOINTMENT OF RIVER WATCHER UNDER SECTION 55

I, A. B. (or we, A. B. and C. D., as the case may be)...

I, A. B. (or we, A. B. and C. D., as the case may be)...

do hereby appoint E. F., of

do hereby appoint E. F., of

(name the place of his residence),

(name the place of his residence),

a river watcher to protect the fishery of

a river watcher to protect the fishery of

(name the fishery, river, or sea coast, as the case may be),

(name the fishery, river, or sea coast, as the case may be),

pursuant to the Foyle Fisheries Act (Northern Ireland), 1952; and the said E. F., of

pursuant to the Foyle Fisheries Act (Northern Ireland), 1952; and the said E. F., of

(name the place of his residence),

(name the place of his residence),

is hereby authorised to do all lawful acts as such river watcher according to the...

is hereby authorised to do all lawful acts as such river watcher according to the...

To all whom it may concern.

To all whom it may concern.

I, the undersigned resident magistrate, do hereby approve of the above appointment.

I, the undersigned resident magistrate, do hereby approve of the above appointment.

Foyle Fisheries Act (Northern Ireland) 1952

1952 Chapter 5

F1 C1An Act to authorise the making of a certain agreement with respect to fishing rights in the tidal waters of the Lough and River Foyle and its tributaries, to provide for the management, conservation, protection and improvement of the fisheries in the Foyle Area, to establish a Foyle Fisheries Commission and to define its functions, to dissolve the board of conservators for the Londonderry district, and to provide for other matters (including the charging of fees on certain fishing licences) connected with the matters aforesaid.

[25th March 1952]

Annotations:

Amendments (Textual)

F1

Ext. (hovercraft), SI 1972/971

Modifications etc. (not altering text)

C1

Act: any reference to the Royal Ulster Constabulary shall be construed as a reference to the Police Service of Northern Ireland by virtue of Police (Northern Ireland) Act 2000 (c. 32), s. 78