Foyle Area and Carlingford Area (Tagging and Logbook) Regulations 2001

Interpretation

2.  In these Regulations—

“authorised agent” means a person authorised by the Commission to issue certain fishing licences;

“authorised person” has the respective meanings given to it by section 54 of the Foyle Fisheries Act 1952 and section 53 of the Foyle Fisheries Act (Northern Ireland) 1952;

“authorised senior helper” means a person nominated as a senior helper in accordance with regulation 4 of the Foyle Area (Licensing of Fishing Engines) Regulations 1976(1) who is authorised by the Commission to fish in the absence of the licensee under regulation 14A of the Foyle Area (Control of Netting) Regulations 1981(2);

“bag net” means a net consisting of a single wall of netting and leader, one end fixed to the shore and running seawards to a floating fixed trap or cage of netting, enclosed on sides, bottom and top, except at the entrance from the leader; and with one or more sets of inscales and described in a certificate issued under the Salmon Fishery (Ireland) Act 1863(3) as a bag net;

“Commission” means the Foyle, Carlingford and Irish Lights Commission;

“dealer” means the holder of a dealer’s licence granted under Part VII of the Fisheries Act (Northern Ireland) 1966(4) or the holder of a licence pursuant to Part X of the Fisheries (Consolidation) Act 1959(5) as amended authorising the holder to sell salmon and trout;

“draft net” means a single wall of netting loosely hung on ground and head ropes with the outer ends or wings leading to a funnel and a bag or tail into which the catch is drafted or hauled.

“drift net” means a single sheet or wall of netting attached to a floating head rope and a weighted ground rope, designed to drift freely at the surface of the water;

“export”, in relation to a wild salmon or sea trout, means consign by any means to a place outside the Republic of Ireland and Northern Ireland;

“farmed salmon or sea trout” means a salmon or sea trout produced in a fish farm;

“fish farm” means an undertaking for the culture of fish;

“fishing licence” when used without qualification means a fishing licence issued under the Foyle Fisheries Act 1952 or the Foyle Fisheries Act (Northern Ireland) 1952 or having effect as so issued by virtue of paragraphs 4 and 5 of Schedule 5 to the 1999 Order;

“fixed tidal draft net” means a net consisting of a single sheet or wall of netting loosely hung on ground and head ropes without trap or cage and fixed at the shoreward and seaward ends and described in a certificate issued under the Salmon Fishery (Ireland) Act 1863 as a fixed draft net;

“game fishing rod licence” means a game fishing rod licence, issued in pursuance of the Foyle Area (Licensing of Fishing Engines) Regulations 1976 or having effect as so issued by virtue of paragraphs 4 and 5 of Schedule 5 to the 1999 Order;

“gill tag” means a gill tag approved by the Commission;

“hand line” means a line held in the hand to which shall be attached not more than a single hook;

“holder” in relation to a logbook, means the person to whom the logbook has been issued under these Regulations;

“import”, in relation to a wild salmon or sea trout, means bring by any means into the Republic of Ireland or Northern Ireland from a place outside the Republic of Ireland and Northern Ireland;

“length” in relation to a sea trout means the distance measured in a straight line from the tip of the nose to the fork of the tail;

“logbook” means, as the case may be, a one day angling logbook, a salmon and sea trout angling logbook or a salmon and sea trout commercial fishing logbook;

“officer of the Commission” has the respective meanings given to it by section 54 of the Foyle Fisheries Act 1952 and section 53 of the Foyle Fisheries Act (Northern Ireland) 1952;

“one day angling logbook” means a logbook as set out in the format prescribed in Schedule 1;

“processing” in relation to a wild salmon or sea trout, includes cutting any steaks, cutlets or other portions of salmon immediately prior to their being offered or exposed for sale;

“register” means a register in the form set out in Schedule 2;

“rod and line” means a fishing engine consisting of a single rod and line;

“salmon and sea trout angling logbook” means a logbook as set out in the format prescribed in Schedule 3;

“salmon and sea trout commercial fishing logbook” means a logbook as set out in the format prescribed in Schedule 4;

“supply” includes supply by way of gift or sale;

“tag” means a gill tag or a tail tag;

“tail tag” means a tail tag approved by the Commission;

“tidal draft net” means a net used in tidal waters consisting of a single sheet or wall of netting loosely hung on ground head ropes into which the catch is drafted or hauled;

“wild salmon” means an Atlantic salmon salmo salar which is not a farmed salmon;

“wild sea trout” means a sea trout salmo truta over 50 cm in length which is not a farmed sea trout;

“the 1999 Order” means the North/South Co-operation (Implementation Bodies) (Northern Ireland) Order 1999(6).

(1)

S.R. 1976 No. 362 as amended by S.R. 1985 No. 341, S.R. 1989 No. 461,S.R. 1990 No. 458 and S.R. 1999 No. 485

(2)

S.R. 1981 No. 69, relevant amending Regulations are S.R. 1985 No. 342

(3)

1863 c. 114 (Ireland)

(4)

1966 c. 17 (N.I.)

(5)

Legislation of the Republic of Ireland

(6)

S.I. 1999/859