Fishing Regulations
The Department may make regulations for the purpose of its fishery protection functions. It may make regulations in relation to the regulation of fishing and the preservation of good order among fishers, times and seasons for taking any fish by any mode of fishing, and conditions under which fish may be taken. Prohibiting any mode of taking or destroying fish. The times, places at, or mode in which fishing engines may be used. Description and form of nets or other fishing engines to be used, and the size and measures of those nets or raptors and other engines. The size, whether determined by measurement or weight, of fish which may be taken. The making of applications for the issue, alteration, renewal, and revocation of fishing licenses, licenses generally or in specified cases. The form and conditions attaching to fishing licenses. The duties payable for fishing licenses, the protection of animals from predatory schemes. The resources available to the developer proposing the scheme. The arrangements with owners to facilitate access to the water and the extent to which they are already open for angling.
Regulation or prohibition of the sale of any species of fish caught by rod and line. Prohibition of practices tending to impede the lawful capture of fish or detrimental to fisheries. Attachment of identification marks may be specified in regulations to capture salmon. Anything relating to the manner and management of the protection of fisheries.
The scheme is to operate for a specified period. A further scheme may be proposed and approved. Schemes are generally for periods between five and 15 years.
The power to make regulations in relation to the regulation of fishing for salmon may be exercised for the conservation, enhancement of the natural beauty or amenity of marine or coastal areas, including geological or physiological features or any features of archaeological or historical interest on those areas; or the conservation of flora and fauna which are dependent on or associated with the marine or coastal environment. Contravention of the regulations is an offence.
The Department may make regulations for the issue of fishing licenses. It may authorize the issue of different classes of fishing licenses in respect of any one or more than one kind of fish or any one or more descriptions of fishing engines. It may prescribe different forms, periods of duration, territorial limitations, terms, conditions, and duties in respect of different classes of license. It may provide for reduced fees for persons of a class and description specified in the regulations.
It may limit the number of licenses which may be issued and authorize the use of fishing engines for the taking of fish. It may prescribe the records to be kept and the returns to be made by the holder of licenses to fish with a rod and line or hand line.
The regulations may provide for an appeal to a Magistrates’ Court against the revocation or refusal of the issue or renewal of any fishing license. It may provide for exemptions of persons under the age of sixteen or other age as may be prescribed, from the holding of a fishing license to fish or take or kill fish of any kind prescribed by a rod and line or hand line. An angling license is not to be transferable.
The Minister may make regulations in relation to eel fishing other than in the Foyle and Carlingford areas.
The Minister may make regulations for the protection of the quality of fish with the consent of the Department of Health and Social Services. It may make regulations imposing a duty on persons engaged in the fishing or handling, processing, storing, or transporting or selling fish, persons acting on their behalf to comply with requirements including requirements relating to processing, hygiene, and temperature; or as to the stowage or exposure of fish; or as to the construction, layout, and equipment of holds in fishing boats or parts of boats, or of premises used for processing fish; or as to the size, form, and material of containers or manner of packing as may be prescribed.
Regulations may prescribe standards of quality for fish and may limit the purposes for which fish of any standards may be used. Contravention of the regulation is an offence. In the case of a fishing boat, the master, charterer, or in the case of offences relating to construction, the owner of the boat are each guilty of an offence.
The Minister may make regulations defining the mouth of rivers at its entrance into the lake or sea for the purpose of the Fisheries Act. The regulations made point the boundary between the tidal and freshwater portions of a river; areas within which it is prohibited to use or practice certain methods of fishing; and the boundary between the Northern Ireland zone and the Foyle and Carlingford areas.
The Department may make regulations in relation to records to be kept and returns to be made by holders of fishing licences, dealers’ licences, persons engaged in wholesale distribution or the processing of sea-fish, sea fishermen and fish salesmen. They may provide for the persons to whom and the times, which forms are to be made; particulars to be included and other matters in relation to records or returns as may be specified.
Contravention is an offence.