Razor Shells (Prohibition of Fishing) Regulations (Northern Ireland) 1998

Statutory Rules of Northern Ireland

1998 No. 414

SEA FISHERIES

Razor Shells (Prohibition of Fishing) Regulations (Northern Ireland) 1998

Made

23rd November 1998

Coming into operation

1st January 1999

The Department of Agriculture, in exercise of the powers conferred on it by sections 19(1) and 124(1) and (2) of the Fisheries Act (Northern Ireland) 1966(1) and of every other power enabling it in that behalf, hereby makes the following Regulations:

Citation and commencement N.I.

1.  These Regulations may be cited as the Razor Shells (Prohibition of Fishing) Regulations (Northern Ireland) 1998 and shall come into operation on 1st January 1999.

Commencement Information

I1 Reg. 1 in operation at 1.1.1999, see reg. 1

Interpretation N.I.

2.  In these Regulations–

“the Act” means the Fisheries Act (Northern Ireland) 1966;

“dredge” means a device with a rigid framed mouth constructed to capture various species of sea fish whilst being towed along the sea bed by a fishing boat;

“Dundrum Bay” means the sea area to the landward side of an imaginary straight line drawn from the Chapel (near Miners' Town, County Down) at Rossglass Bay to Roaring Rock (and thence to the nearest point of mainland);

“razor shells” means any species of the family Solenidae; and

“suction dredging” means the raising from the sea bed of material, fish and shellfish with gear involving the use of a solids pump or air lift, or water jets to dig into the sea bed; and “suction dredge” shall be construed accordingly.

Commencement Information

I2 Reg. 2 in operation at 1.1.1999, see reg. 1

Prohibition N.I.

3.  Subject to regulation 4, in Dundrum Bay–

(a) fishing for razor shells by means of any type of dredge or suction dredge by any fishing boat is prohibited; and

(b) retaining razor shells on board any fishing boat which are caught by any type of dredge or suction dredge, is prohibited.

Commencement Information

I3 Reg. 3 in operation at 1.1.1999, see reg. 1

Exceptions N.I.

4.  The prohibitions contained in these Regulations shall not apply to–

(a) any person who is not a British citizen;

(b) any person who is operating under the authority of and in accordance with the terms and conditions of a fish culture licence granted under section 11 of the Act; or

(c) any person who is operating under the authority of and in accordance with the terms and conditions of a permit granted under section 14 of the Act.

Commencement Information

I4 Reg. 4 in operation at 1.1.1999, see reg. 1

Sealed with the Official Seal of the Department of Agriculture for Northern Ireland on

L.S.

G. Lavery

Assistant Secretary

Explanatory Note

(This note is not part of the Regulations.)

These Regulations prohibit, subject to certain exemptions, any boat from fishing for razor shells by means of any type of dredge or suction dredge or retaining on board razor shells caught by any type of dredge or suction dredge, in waters within Dundrum Bay.

The Department of Agriculture has prepared a regulatory impact assessment in relation to the Regulations and a copy of that assessment is held at Fisheries Division, Annexe 5, Castle Grounds, Stormont, Belfast BT4 3PW, from where a copy may be obtained on request.

(1)

1966 c. 17 (N.I.); section 124 was substituted by S.I. 1981/227 (N.I. 7) Art. 6