F1PART VIAAQUACULTURE
Miscellaneous
52RRecapture of escaped stock
1
The Commission may take such action as it considers necessary to recapture stock which has escaped from a licensed area.
2
The Commission may, notwithstanding any other provision of this Act, authorise—
a
the holder of an aquaculture licence; or
b
a person other than the holder of an aquaculture licence,
to take such action as is specified in the authorisation to recapture stock which has escaped from a licensed area.
3
An authorisation referred to in subsection (2) may be granted subject to such conditions, if any, as the Commission considers necessary or expedient.
4
The reasonable costs of—
a
any action taken by the Commission under subsection (1);
b
a person taking action in pursuance of an authorisation under subsection (2),
may be recovered from the holder of the aquaculture licence whose stock has escaped as a civil debt recoverable summarily by the person who incurred the costs.
52SOffences of making false or misleading statements or false entries
1
A person who, for the purpose of obtaining for himself or for another any grant of an aquaculture licence, any variation of an aquaculture licence or any transfer of an aquaculture licence, makes a statement which he knows to be false or misleading in a material particular, or recklessly makes any statement which is false or misleading in a material particular, shall be guilty of an offence.
2
A person who intentionally makes a false entry in any record required to be kept by virtue of an aquaculture licence shall be guilty of an offence.
3
A person guilty of an offence under subsection (1) or (2) shall be liable—
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding 2 years, or to both.
52TInquiries and inspections
1
Without prejudice to section 80, the Commission may, with respect to any licensed area, make such inquiries and examination by an officer of the Commission (within the meaning of section 53) or otherwise, and require from the holder of the aquaculture licence to which the licensed area relates such information as the Commission considers necessary or proper, and the holder of the aquaculture licence shall afford all facilities for such inquiries and examination, and give such information, accordingly.
2
Without prejudice to any provision of Part VII, for the purpose of an examination under subsection (1) an officer authorised in writing in that behalf by the Commission, on producing his authority if so required, may at any reasonable time—
a
enter any licensed area; and
b
examine that area and all fish, buildings, structures, rafts, trays, devices and other 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, animal or plant or of any water or other substance, found there,
and the holder of an aquaculture licence shall afford to such an officer facilities for the exercise by him of any right conferred by this subsection.
3
Nothing in this section shall be construed as authorising any person to enter—
a
any enclosed garden;
b
any dwelling-house or the curtilage thereof.
52URegulations
1
Regulations made under this Part by the Commission shall be subject to the approval of NSMC.
2
As soon as practicable after it makes any regulations under this Part, the Commission or, as the case may be, the Department, shall publish in at least two newspapers circulating in the Foyle Area and the Carlingford Area notice—
a
stating that the regulations have been made and giving a general description of their content;
b
specifying a place at which, and the hours between which, a copy of the regulations may be inspected.
3
Regulations made under this Part by the Commission or by the Department may contain such supplementary, incidental and transitional provision as the Commission or, as the case may be, the Department, thinks necessary or appropriate.
4
The Commission or, as the case may be, the Department, shall cause regulations made under this Part to be laid before the Assembly as soon as may be after they are made, and regulations under this Part shall be subject to negative resolution.
52VTransitional provision – existing licences in the Foyle and Carlingford Areas
1
This section applies to a licence which—
a
is granted under section 11, Part IX or Part IXA, as the case may be, of the Fisheries Act (Northern Ireland) 1966;
b
is in force immediately before the coming into operation of Article 3 of the Foyle and Carlingford Fisheries (Northern Ireland) Order 2007; and
c
authorises the doing of any act in any area of the Foyle Area or the Carlingford Area in respect of which the provisions contained in that Article are in operation.
2
On and after the coming into operation of Article 3 of the Foyle and Carlingford Fisheries (Northern Ireland) Order 2007, a licence to which this section applies shall, for so long as it would have continued in force apart from this section, have effect as an aquaculture licence granted under section 52A, subject to the same conditions as were attached to the licence immediately before that Article came into operation.
52WTransitional provision – applications, etc. for certain licences in the Foyle Area and the Carlingford Area
1
This section applies to an application for a licence under section 11, Part IX or Part IXA of the Fisheries Act (Northern Ireland) 1966 which—
a
relates to any area in the Foyle Area or the Carlingford Area in respect of which the provisions contained in Article 3 of the Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 are in operation; and
b
has not been determined by the Department before the date on which the provisions of Article 3 of that Order came into operation as respects that area.
2
Subject to paragraph (3), the provisions of this Part and any regulations made under any provision of this Part shall apply to applications to which this section applies as if they were applications under this Part.
3
Anything done in relation to an application to which this section applies under a relevant provision of the Fisheries Act (Northern Ireland) 1966 shall be deemed to have been done under the corresponding provision of this Act.
4
In subsection (3), “relevant provision” means any of the following provisions of the Fisheries Act (Northern Ireland) 1966—
a
sections 11 to 11C;
b
Part IX;
c
Part IXA.
52XInterpretation
1
In this Part—
“the Appeals Board” means the Foyle and Carlingford Aquaculture Licensing Appeals Board established by section 52O(1);
“aquaculture” means the farming or cultivation of any fish, aquatic invertebrate animal or aquatic plant, including any aquatic form of food suitable for the nutrition of fish;
“aquaculture licence” means an aquaculture licence applied for or granted under this Part;
“licensed area” means the area specified in an aquaculture licence;
“notice” means notice in writing;
“notice of appeal” means a notice of appeal under section 52P(2);
“prescribed” means prescribed by regulations under this Part;
“regulations” (except in sections 52O(6) and 52P(6)) means regulations made by the Commission under this Part;
“vary”, in relation to the conditions of an aquaculture licence, means adding to the conditions or varying or rescinding any of the conditions, and “variation” shall be construed accordingly.
2
In this Part, “fish” means—
a
freshwater fish of any kind;
b
salmon and other fish of a kind that migrates to and from the sea;
c
eels and elvers;
d
sea-fish;
e
shell-fish;
f
the spawn, fry, brood and spat of any fish;
g
any part of any fish.
3
In subsection (2)(a), “freshwater fish” means any fish living in fresh water, other than a kind of fish that migrates to and from the sea.
Pt. VIA (ss. 52A-52X) inserted (1.6.2008 so far as inserting for certain purposes ss. 52B, 52C, 52G, 52H, 52M, 52N, 52O, 52P, 52U and 52X, otherwise prosp.) by Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 (S.I. 2007/915 (N.I. 9)), arts. 1(3), 3(1) (with art. 32); S.R. 2008/232, art. 2, Sch.