The Marine Protected Areas (Prohibited Methods of Fishing) Regulations (Northern Ireland) 2022

Citation and commencement N.I.

1.  These Regulations may be cited as the Marine Protected Areas (Prohibited Methods of Fishing) Regulations (Northern Ireland) 2022 and come into operation on 1st January 2023.

Commencement Information

I1 Reg. 1 in operation at 1.1.2023, see reg. 1

Interpretation N.I.

2.  In these Regulations—

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

“Carlingford Lough Marine Conservation Zone” means the areas of the sea drawn by a series of straight lines joining each of the points lettered alphabetically in column 1 in Schedule 1, the coordinates which are set out in columns 2 and 3 opposite each point, to the next point in sequence, with a line drawn joining the final point in the sequence to the point lettered A in the sequence.

“co-ordinate” means a co-ordinate on the World Geodetic System 1984 Datum and co-ordinate reference system(1);

“demersal mobile gear” means any fishing gear that is towed along the sea bed or is otherwise moved through the water on or close to the sea bed to catch fish, and includes, for example, a dredge, demersal seine net and demersal trawl net;

“demersal seine net” means a fishing gear assembly incorporating a conical shaped net and ropes, constructed to catch fish by the method of encirclement, and which is towed along the sea bed by a fishing boat;

“demersal trawl net” means a fishing gear assembly incorporating a conical shaped net, ropes and devices to hold open the mouth of the net, constructed to catch fish whilst being towed along the sea bed by a fishing boat;

“dredge” means a mechanical dredge or suction dredge;

“mechanical dredge” means a device with a rigid framed mouth constructed to catch shell-fish whilst being towed along the sea bed by a fishing boat;

“Murlough Bay Special Area of Conservation” means the area of the sea drawn by a line joining each of the points lettered alphabetically in column 1 in Schedule 2, the coordinates which are set out in columns 2 and 3 opposite each point,

“Outer Belfast Lough Marine Conservation Zone” means the area of the sea drawn by a series of straight lines joining each of the points lettered alphabetically in column 1 in Schedule 3, the coordinates which are set out in columns 2 and 3 opposite each point, to the next point in sequence, with a line drawn joining the final point in the sequence to the point lettered A in the sequence.

“Rathlin Island restricted area” means the area of the sea drawn by a series of straight lines joining each of the points lettered alphabetically in column 1 in Schedule 4A, the coordinates which are set out in columns 2 and 3 opposite each point, to the next point in sequence.

“Rathlin Island Special Area of Conservation and Marine Conservation Zone” means the area of the sea drawn by a series of straight lines joining each of the points lettered alphabetically in column 1 in Schedule 4, the coordinates which are set out in columns 2 and 3 opposite each point, to the next point in sequence, with a line drawn joining the final point in the sequence to the point lettered A in the sequence.

“Red Bay Special Area of Conservation” means the areas of the sea drawn by a series of straight lines joining each of the points lettered alphabetically in column 1 in Schedule 5, the coordinates which are set out in columns 2 and 3 opposite each point, to the next point in sequence.

“Skerries and Causeway exempted areas” means the areas of sea drawn by a series of straight lines joining each of the points lettered alphabetically in column 1 in each table in Schedule 6A, the coordinates which are set out in columns 2 and 3 opposite each point, to the next point in sequence, with a line drawn joining the final point in the sequence to the point lettered A in the sequence.

“Skerries and Causeway restricted area” means the area of sea south of Great Skerries Island which is bounded by a series of straight lines joining each of the points lettered alphabetically in column 1 in Schedule 6B, the coordinates which are set out in columns 2 and 3 opposite each point, to the next point in sequence.

“Skerries and Causeway Special Area of Conservation” means the areas of the sea drawn by a series of straight lines joining each of the points lettered alphabetically in column 1 in Schedule 6, the coordinates which are set out in columns 2 and 3 opposite each point, to the next point in sequence.

“static gear” means any pot, creel, receptacle or container with one or more openings or entrances and which is capable of being left at sea to catch crustaceans or molluscs.

“Strangford Lough Marine Conservation Zone restricted area” means the areas of the sea southwest of an imaginary line drawn from Killard Point to Ballyquintin Point which is bounded by a series of straight lines joining each of the points lettered alphabetically in column 1 in Schedule 7, the coordinates which are set out in columns 2 and 3 opposite each point, to the next point in sequence;

“single pot” means a pot or creel not connected to another pot or creel by a rope;

“suction dredge” means—

(a)

a dredge which raises material or shell-fish from the sea bed using a solids pump, water pump, air lift, air jets or water jets which dig into the sea bed; or

(b)

any other mechanical, pneumatic or hydraulic device which raises material or shell-fish from the sea bed by means of suction or pumping;

“The Maidens Special Areas of Conservation” means the areas of the sea drawn by a series of straight lines joining each of the points lettered alphabetically in column 1 of each table in Schedule 8, the coordinates which are set out in columns 2 and 3 opposite each point, to the next point in sequence, with a line drawn joining the final point in the sequence to the point lettered A in the sequence; and

“Waterfoot Marine Conservation Zone” means the area of the sea drawn by a series of straight lines joining each of the points lettered alphabetically in column 1 in Schedule 9, the coordinates which are set out in columns 2 and 3 opposite each point, to the next point in sequence, with a line drawn joining the final point in the sequence to the point lettered A in the sequence.

Commencement Information

I2 Reg. 2 in operation at 1.1.2023, see reg. 1

Prohibited methods of fishing N.I.

3.—(1) Subject to regulation 4 fishing for sea-fish using demersal mobile gear is prohibited in—

(a) Carlingford Lough Marine Conservation Zone;

(b) Murlough Special Area of Conservation;

(c) Outer Belfast Lough Marine Conservation Zone;

(d) Rathlin Island Special Area of Conservation and Marine Conservation Zone;

(e) Red Bay Special Area of Conservation;

(f) Skerries and Causeway Special Area of Conservation;

(g) Strangford Lough Marine Conservation Zone F1 ...;

(h) The Maidens Special Areas of Conservation; and

(i) Waterfoot Marine Conservation Zone.

(2) Subject to regulation 4 fishing for sea-fish using static gear is prohibited in—

(a) Rathlin Island restricted area;

(b) Red Bay Special Area of Conservation at a depth of 10 metres or more below Chart Datum as shown on the Admiralty Chart(2);

(c) Skerries and Causeway restricted area; and

(d) Waterfoot Marine Conservation Zone.

(3) Where a fishing vessel is transiting any of the areas where the prohibitions in regulation 3(1) apply the person in charge of the fishing vessel must ensure that all demersal mobile gear is secured and stowed so that the gear may not be readily used.

Textual Amendments

F1 Words in reg. 3(1)(g) deleted (1.1.2023) by The Marine Protected Areas (Prohibited Methods of Fishing) (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/303), regs. 1, 2(2)

Commencement Information

I3 Reg. 3 in operation at 1.1.2023, see reg. 1

Exceptions N.I.

4.—(1) The prohibitions in regulation 3 do not apply to any person who is operating within any of those areas under the authority of and in accordance with the terms and conditions of a permit granted under section 14 of the Act.

(2) The prohibition in regulation 3(1)(f) does not apply where a licence has been granted in respect of a fishing vessel under section 15 of the Fisheries Act 2020(3) to fish using demersal mobile gear in the Skerries and Causeway exempted areas.

(3) The prohibition in regulation 3(2)(a) does not apply to any person fishing with single pots at a depth of less than 10 [F2 metres] below Chart Datum as shown on the Admiralty Chart(4).

Textual Amendments

F2 Word in reg. 4(3) inserted (1.1.2023) by The Marine Protected Areas (Prohibited Methods of Fishing) (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/303), regs. 1, 2(3)

Commencement Information

I4 Reg. 4 in operation at 1.1.2023, see reg. 1

Revocation N.I.

5.  The following regulations are revoked—

(a) The Razor Shells (Prohibition of Fishing) Regulations (Northern Ireland) 1998(5)

(b) The Rathlin Island (Prohibited Methods of Fishing) Regulations (Northern Ireland) 2016(6).

Commencement Information

I5 Reg. 5 in operation at 1.1.2023, see reg. 1

Sealed with the Official Seal of the Department of Agriculture, Environment and Rural Affairs on 1st November 2022

Owen Lyttle

A senior officer of the

Department of Agriculture, Environment and Rural Affairs