Salmon Drift Net Regulations (Northern Ireland) 2014 No. 16

Statutory Rules of Northern Ireland

2014 No. 16

Fisheries

Salmon Drift Net Regulations (Northern Ireland) 2014

Made

21st January 2014

Coming into operation

1st March 2014

The Department of Culture, Arts and Leisure (1), makes the following Regulations in exercise of the powers conferred by section 70(1) of the Fisheries Act (Northern Ireland) 1966 (2) and now vested in it (3).

Citation and commencement N.I.

1.  These Regulations may be cited as the Salmon Drift Net Regulations (Northern Ireland) 2014 and come into operation on 1^st March 2014.

Commencement Information

I1 Reg. 1 in operation at 1.3.2014, see reg. 1

Interpretation N.I.

2.  In these Regulations—

“drift net” means a net consisting of a single sheet or wall of netting loosely hung on cork and sole ropes;

“drift net licence” means a fishing licence authorising the use of drift nets for the taking of salmon in the sea.

Commencement Information

I2 Reg. 2 in operation at 1.3.2014, see reg. 1

Prohibition of drift nets for salmon fishing N.I.

3.  Subject to regulation 4, the use of drift nets for fishing for salmon is prohibited.

Commencement Information

I3 Reg. 3 in operation at 1.3.2014, see reg. 1

Resumption of drift netting N.I.

4.—(1) The Department may issue a drift net licence for salmon fishing only if it decides that such fishing is not likely to have an adverse impact on:

(a) a Special Area of Conservation as defined under [F1 the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995] or;

(b) any rivers which are not meeting such salmon management targets as may be determined and published by the Department.

(2) Where the Department so decides, then, subject to paragraph (3), first preference shall be given to a person who has held a drift net licence in any one of the 3 calendar years immediately preceding the coming into operation of these Regulations.

(3) A person mentioned in paragraph (2) may by written notice given to the Department, nominate another person in his place.

Textual Amendments

F1 Words in reg. 4(1)(a) substituted (31.12.2020) by The Fisheries (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/209), regs. 1(1), 5; 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I4 Reg. 4 in operation at 1.3.2014, see reg. 1

Sealed with the Official Seal of the Department of Culture, Arts and Leisure on 21^st January 2014.

(L.S.)

C. Smith

A senior officer of the Department of Culture, Arts and Leisure

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations prohibit the use of drift nets to catch and kill salmon in tidal waters. The Department of Culture, Arts and Leisure considers this to be a necessary measure to fulfil its obligations under Council Directive 92/43/EEC on the Conservation of Natural Habitats and of Wild Fauna and Flora.

Regulation 4 describes the circumstances under which netting by these means may resume and the order of preference for future applications in this event.

(1)

Established by the Departments (Northern Ireland) Order 1999 (S.I. 1999/283 (N.I. 1)), Article 3(1)(b).

(2)

1966 c. 17 (N.I.).

(3)

S.R 1999 No. 481, Article 3 and Schedule 1.