The Foyle Area (Control of Oyster Fishing) (Amendment) Regulations 2010

Statutory Rules of Northern Ireland

2010 No. 153

Fisheries

The Foyle Area (Control of Oyster Fishing) (Amendment) Regulations 2010

Made

31st March 2010

Coming into operation

5th May 2010

The Foyle, Carlingford and Irish Lights Commission, with the approval of the North/South Ministerial Council, makes the following Regulations in exercise of the powers conferred by section 13(1) of the Foyle Fisheries Act 1952(1) and section 13(1) of the Foyle Fisheries Act (Northern Ireland) 1952(2) and now vested in it(3).

Citation and Commencement

1.  These Regulations may be cited as the Foyle Area (Control of Oyster Fishing) (Amendment) Regulations 2010 and shall come into operation on 5th May 2010.

Amendment of the Foyle Area (Control of Oyster Fishing) Regulations 2008

2.  The Foyle Area (Control of Oyster Fishing) Regulations 2008(4) are amended in accordance with regulations 3 and 4.

Interpretation

3.  In regulation 2—

(a) for the definition of “the defined mouth” substitute—

““the defined mouth”, in relation to the River Foyle, means the mouth of that river as defined by instrument dated 8th February 1864 made under section 17 of the Salmon Fishery (Ireland) Act 1863;”(5);

(b) in the definition of “seaward of Lough Foyle” omit the words “and of the defined mouth of the Culdaff River”.

Restriction on size

4.  In regulation 6 for “75mm” substitute “80mm”.

Given under the Seal of the Foyle, Carlingford and Irish Lights Commission on 31st March 2010.

R.J.D Anderson

Chief Executive of the

Loughs Agency

Approved by the North/South Ministerial Council on 20 July 2009.

T Hanney

Joint Secretary of the

North/South Ministerial Council

M Bunting

Joint Secretary of the North/South Ministerial Council

being persons authorised by the North/South Ministerial Council to signify approval on its behalf.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Foyle Area (Control of Oysters) Regulations 2008 by increasing the minimum size of oyster that may be retained on board a vessel from 75mm to 80mm.

(1)

Legislation of the Republic of Ireland

(2)

1952 c.5 (N.I.) as amended by S.I. 1999/859 and S.I 2007/915 (N.I. 9)

(3)

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

(4)

S.R. 2008 No. 298

(5)

26 & 27 Vict., c. 114. The Salmon Fishery (Ireland) Act 1863 ceased to apply to the Londonderry Area by virtue of section 4 of the Foyle Fisheries Act (NI) 1952 and, by virtue of section 13(4) of that Act, any instrument made under the Salmon Fishery (Ireland) Act 1863 which was in force immediately before the date appointed under section 10 and applied to the part of the Foyle Area which is in Northern Ireland continued in force and was deemed to be made under section 13.