Foyle Area and Carlingford Area (Licensing of Fishing Engines) (Amendment No. 2) Regulations 2003

Statutory Rules of Northern Ireland

2003 No. 524

FISHERIES

Foyle Area and Carlingford Area (Licensing of Fishing Engines) (Amendment No. 2) Regulations 2003

Made

9th December 2003

Coming into operation

1st January 2004

The Foyle Carlingford and Irish Lights Commission, in exercise of its powers under section 13(1) (amended by section 34(3) of the British-Irish Agreement Act 1999(1) and section 5(1) of the British-Irish Agreement (Amendment) Act 2002(1)) and 13(2) of the Foyle Fisheries Act 1952(1) which stand transferred to it under section 34(1) of the British-Irish Agreement Act 1999, and in exercise of the powers conferred by section 13(1) and (2) of the Foyle Fisheries Act (Northern Ireland) 1952(2) and now vested in it(3) and of every other power enabling it in that behalf, with the approval of the Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland, under the agreement made between those Governments on 19th November 2002(4) and section 5(1) of the British-Irish Agreement (Amendment) Act 2002, hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Foyle Area and Carlingford Area (Licensing of Fishing Engines) (Amendment No. 2) Regulations 2003 and shall come into operation on 1st January 2004.

Amendment of the Foyle and Carlingford Area (Licensing of Fishing Engines) Regulations 2001

2.  The Foyle and Carlingford Area (Licensing of Fishing Engines) Regulations 2001(5) shall be amended as provided in regulations 3 and 4.

Interpretation

3.  In regulation 2 (interpretation) for the definition of “coarse fishing rod licence” there shall be substituted the following definition –

“coarse fishing rod licence” means a fishing licence issued by the Commission for two rods and lines to fish for, take and kill eels and coarse fish;.

Fishing licence fees

4.  For the Schedule there shall be substituted the following Schedule –

Regulations 3, 4, 5, 6, 7 and 8

SCHEDULE

PART I

Fishing licence fee
Description of fishing engine£
Draft Net used wholly or partly in the tidal waters of the River Foyle between the confluence of the Rivers Mourne and Finn and an imaginary straight line drawn across the River Foyle to join the points where the southernmost boundary of the County of Londonderry meets the river on each side168·00243·00
Draft Net used wholly or partly in the River Roe upstream of the defined mouth177·00256·00
Draft Net used wholly in the waters of the Foyle Area elsewhere than in –

(a)the tidal waters of the River Foyle between the confluence of the Rivers Mourne and Finn and an imaginary straight line drawn across the River Foyle to join the points where the southernmost boundary of the County of Londonderry meets the river on each side; or

(b)the River Roe upstream of the defined mouth

136·00197·00
Drift Net used wholly to seaward of Lough Foyle (the seaward limit of which, for the purpose of these Regulations, shall be deemed to be an imaginary straight line drawn between Greencastle Fort in the County of Donegal and the Martello Tower at Magilligan Point in the County of Londonderry)237·00343·00
Drift Net used wholly in Lough Foyle, south of the seaward limit of Lough Foyle as aforesaid237·00343·00
Drift Net used partly in the said Lough Foyle and partly seaward of the seaward limit of Lough Foyle as aforesaid259·00374·00

PART II

Fishing licence fee
Description of fishing engine£
Stake Net546·00790·00
Bag Net328·00474·00
Fixed Draft Net342·00495·00

PART III

Fishing licence fee
Description of fishing engine£
Season Game Fishing Rod and Line Licence15·0021·50
Fourteen Day Game Fishing Rod and Line Licence7·5011·50
Three Day Game Fishing Rod and Line Licence3·505·00
Season Game Fishing Rod and Line Licence to be issued to a person under the age of eighteen2·003·00
Season Game Fishing Rod and Line Licence provided applicant can produce at the time of application a season game fishing rod licence for the time being in force and issued by the Fisheries Conservancy Board for Northern Ireland or a salmon rod (annual) ordinary licence for the time being in force and issued under section 67 of the Fisheries (Consolidation) Act 1959(6) or a salmon rod (annual) (district) ordinary licence, for the time being in force and issued under section 16 of the Fisheries (Amendment) Act 1991(6)1·001·50
Season Coarse Fishing Rod and Line Licence15·0021·50
Season Coarse Fishing Rod and Line Licence to be issued to a person under the age of eighteen.2·003·00

Revocation

5.  Regulation 5 of the Foyle Area and Carlingford Area (Licensing of Fishing Engines) (Amendment) Regulations 2003(7) is hereby revoked.

Given under the Seal of the Foyle, Carlingford and Irish Lights Commission on 9th December 2003.

L.S.

R. J. D. Anderson

Chief Executive of the Loughs Agency

Approved by the Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland on 9th December 2003.

T. O'Connor

P. Smyth

being persons authorised by those Governments to signify approval on their behalf.

Explanatory Note

(This note is not part of the Regulations.)

These Regulations amend the Foyle and Carlingford Area (Licensing of Fishing Engines) Regulations 2001 by –

(a)providing for a coarse fishing rod licence to authorise the use of two rods and lines to fish for, take and kill eels and coarse fish;

(b)prescribing new licence fees for 2004; the 2004 fees and the increases/decreases from 2003 are as follows:

20032004Increase/Decrease20032004Increase/Decrease
£££
Draft Net used in certain tidal waters on the River Foyle163·00168·00+5·00261·00243·00−18·00
Draft Net used in River Roe upstream of the defined mouth172·00177·00+5·00275·00256·00−19·00
Draft Net used in the Foyle Area other than in certain tidal waters of the Rivers Foyle and Roe132·00136·00+4·00212·00197·00−15·00
Drift Net used only at sea230·00237·00+7·00368·00343·00−25·00
Drift Net used only in Lough Foyle230·00237·00+7·00368·00343·00−25·00
Drift Net used in Lough and Sea251·00259·00+8·00402·00374·00−28·00
Stake Net used in Lough and Sea530·00546·00+16·00848·00790·00−58·00
Bag Net used in Lough and Sea318·00328·00+10·00509·00474·00−35·00
Fixed Draft Net used in Lough and Sea332·00342·00+10·00532·00495·00−37·00
Season Game Fishing Rod and Line21·5015·00−6·5032·0021·50−10·50
Fourteen Day Game Fishing Rod and Line10·507·50−3·0015·5011·00−4·50
Three Day Game Fishing Rod and Line5·003·50−1·507·505·00−2·50
Season Game Fishing Rod and Line to be issued to a person under the age of eighteen2·002·00NIL3·003·00NIL
Season Game Fishing Rod and Line provided applicant holds a season game fishing rod licence for the time being in force and issued by the Fisheries Conservancy Board for Northern Ireland or a salmon rod (annual) ordinary licence for the time being in force and issued under section 67 of the Fisheries (Consolidation) Act 1959 in the Republic of Ireland or a salmon rod (annual) (district) ordinary licence for the time being in force and issued under section 16 of the Fisheries (Amendment) Act 1991 in the Republic of Ireland1·001·00NIL1·501·50NIL
Season Coarse Fishing Rod and Line Licence8·0015·00+7·0012·0021·50+9·50
Season Coarse Fishing Rod and Line Licence to be issued to a person under the age of eighteen.2·002·00NIL3·003·00NIL
(1)

Legislation of the Republic of Ireland

(2)

1952 c. 5 (N.I) as amended by S.I. 1999/859

(3)

By S.I. 1999/859 Article 21(1)

(4)

Cm 5708

(6)

Legislation of the Republic of Ireland