2Provisions as to infected waters.N.I.
(1)Where an infected waters order is in force declaring an area to be an infected area—
(a)if that area or part of that area is outside the Londonderry area [F1or the Newry Area], any inspector or water bailiff appointed by and acting on behalf of the Fisheries Conservancy Board for Northern Ireland; and
(b)[F2if that area or part of that area is within the Londonderry Area or the Newry Area, an inspector or fishery officer appointed by and acting on behalf of the Foyle, Carlingford and Irish Lights Commission;]
(c)in either case, an authorised person,
may at any time take or kill, in any waters in that area and without the permission of any person having any estate or interest in any several fishery in those waters, any fish or remove from any such waters any carcases of fish notwithstanding that the taking or killing of the fish in or their removal from those waters would then (but for this subsection) be prohibited by law and may do so by such methods (including methods otherwise illegal) as the said Board or Commission (as the case may be) or the Ministry may authorise for the purpose.
(2)Where an infected waters order is in force declaring an area to be an infected area, the Ministry, if satisfied that for the protection against disease of the stock of fish in any waters it is necessary so to do, may in writing, authorise the owner of any several fishery in that area at any time in the waters of that fishery to take or kill any fish or remove from those waters any carcases of fish, notwithstanding that the taking or killing of fish from those waters would then (but for this subsection) be prohibited by law, and notwithstanding anything in any agreement or document affecting that fishery to the contrary, and to do so by such agents and by such methods (including methods otherwise illegal) as the Ministry may authorise for the purpose.
(3)Where the owner of a several fishery in any waters or an authorised person has in pursuance of an authority conferred under this section removed any fish from those waters, he shall comply with any directions given to him by the Ministry as to the manner in which those fish are to be dealt with or disposed of, and, if he neglects or fails to comply with any such directions or with the provisions of subsection (4) he shall be guilty of an offence against this Act.
(4)Where an infected waters order is in force declaring an area to be an infected area, any owner of a several fishery in any waters in that area who (whether acting pursuant to any authority given to him by the Ministry under subsection (2) or otherwise) removes or knowingly causes or allows to be removed from those waters any diseased fish or carcases of fish shall, within seven days or such longer time as the Ministry may allow, notify to the Ministry the number, species and description of the fish so removed and shall furnish to the Ministry such further information respecting such fish as the Ministry may reasonably require.
F1Words in s. 2(1)(a) inserted (1.6.2008) by Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 (S.I. 2007/915 (N.I. 9)), arts. 1(3), 34(1), Sch. 2 para. 3(1)(a) (with art. 32); S.R. 2008/232, art. 2, Sch
F2S. 2(1)(b) substituted (1.6.2008) by virtue of Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 (S.I. 2007/915 (N.I. 9)), arts. 1(3), 34(1), Sch. 2 para. 3(1)(b) (with art. 32); S.R. 2008/232, art. 2, Sch.