Fisheries Management

It is the duty of the Department to conserve and protect the salmon and inland fisheries of Northern Ireland. The function was exercised by the Foyle Fisheries Commission and now by the relevant north-south body in respect of the Carlingford and Lough Swilly area.

The Department may take legal proceedings to enforce statutory provisions for the protection of salmon and inland fisheries. It may cooperate with other bodies established under the law for the purpose of publicizing fisheries as a tourist attraction. It may enter into agreements to enforce fishing rights of any owner or occupier in accordance with an agreement entered into with them.

Where the Department has undertaken a development of the waters or authorized an approved developer to do so, and proof of fisheries rights is furnished, the Department is entitled to remain in occupation for a period of five years from the date on which the owner produces proof of their fishing rights.

Where the approved developer is the occupier, that developer is entitled to remain in occupation for a period of five years from the date on which the owner produces proof of title or the period of the scheme, whichever is earlier. At the cessation of the above periods, the occupiers are to cease to occupy the waters. The occupier is to pay compensation to the owner in respect of occupation of the waters from the date of development of the water in accordance with the scheme and ending on the date on which the occupier ceases to occupy the waters.

Disputes as to the sufficiency of evidence of title, payment of compensation, and the amount of compensation are to be referred to the Land Tribunal and determined by it in default. In assessing compensation, the extent to which the fishery rights in the rights were exercised by the owner during the immediate 10 years and the value of the development of the waters for angling are to be considered. Occupation of the waters does not confer any further rights on the occupier.

The Department has powers to promote angling and may exercise any of the below functions. It may encourage and advise bodies interested in angling and take other steps as it appears necessary for the furtherance and development of angling.

The Department may acquire fishing rights in inland waters by agreement for the purpose of their development or for improving fisheries facilities for angling. It may acquire any lands which the Minister is satisfied if expedient to acquire.

Where fishing rights are required to be acquired, the Department may do such things as are necessary for the proper development of the water. In particular, it may provide means of access to waters used or capable of being used for angling, including the provision of roads, stiles, jetties, quays, or boats; the removal of any predatory animals or plants or organisms which may be harmful to fish of a particular kind or the food of fish and the stocking of such waters with fish as it determines.

The Department has the power to promote and undertake the development of derelict waters for angling. When it is of the opinion that any inland water should be developed and persons entitled to the fisheries rights are unknown and cannot be found, it may undertake the development of the waters for angling. Alternatively, it may authorize an approved developer to undertake the development in accordance with an approved scheme submitted by the developer to the Department.

Before authorizing the development, the Department must publish notices at least twice in newspapers containing details of the waters and stating the proposal to develop the waters, general proposals, and specifying that it either proposes to develop the waters or to authorize their development, calling on a person who claims rights of fishing and who objects to notify the Department.

The Department is to serve a copy of the above notice on every person who appears to be the owner of land adjoining the waters.

Where a person notifies the Department of their claim to fishing rights and proves evidence of the same, the Department may not take further action under this provision in relation to those waters. The Department may not consider an objection it considers to be vexatious and frivolous.The above does not include the Department finding assistance for the development and improvement of such waters for angling in accordance with an agreed programme by the Department.

If, after publication of the notice above, no claim is made or claims or objections are notified and withdrawn or disposed of, the Department may proceed with proposals referred to in the notice, execute them towards, and do such things as are necessary in the same way as it may do in respect of waters owned by the Department. Alternatively, it may authorize an approved developer to implement an approved scheme.

An approved developer is a person intending to develop the water for angling or any body or association of persons established for such purposes and approved by the Department. The Department may not approve a developer unless it is satisfied that the development will provide angling for members of the public or a part thereof or angling associated with a catering development which is registered under tourist legislation.

The Department may approve a scheme for the development of derelict waters furnished by a private person with or without amendment. It shall take into account such matters as are in its opinion appropriate. In particular, this is to include the nature of the scheme and the potential effect on other fisheries, financial and other resources available, arrangements by the developer with owners of land to facilitate access and the extent to which the waters are already open for angling.

The approval of the scheme may be given subject to conditions. It may be withdrawn for failure to comply with the conditions.

On the application of a developer, the Department may restrict the specified period or add and remove conditions which the approval is subject. At the expiration of the period, the approved developer is to cease to occupy the water. The specified period is generally to be five years, between five and 15 years from approval.

Where the Department is the occupier of the water, it is entitled to remain in occupation for the period of five years from the date on which the owner produces to the Department proof of their title to the fishing right. Where an approved developer occupies the water, the developer is entitled to remain in occupation until the expiration of five years from the date on which the owner produces proof of title or the specified period, whichever is earlier.

The Minister may grant funds for the execution of works and for the development of waters for angling. These grants may be made on application by a person who owns the fishing rights or any association established for the purpose of developing or improving waters for angling.

A person making an application for assistance must submit a programme for the development or improvement of waters in relation to which the application is made. The programme may be approved without modifications or subject to modifications or refusal may be approved.

In determining the amount of the grant, the Minister will take into account the security of tenure of the applicant in the waters concerned, representations made by other persons who have an interest in the waters, financial contributions made by the applicant, other sources of financial assistance, and the extent to which the waters are to be available to the public.

The programme, once approved, may be modified. Approval may be revoked if conditions are not being complied with. Monies paid may be recovered for breach of conditions as a simple contract debt.

Before revoking an approval, notice of the proposal is to be given, and an opportunity is to be afforded to appear and make representations.

The Department may enter into arrangements; persons who claim to be entitled to fishing rights must provide particulars of the availability of the waters for angling to members of the public and the terms on which it might be made available and such other information as may be of interest to persons wishing to engage in angling.

The Department may, by itself or may enter into arrangements with any other body for the promotion of tourist traffic in Northern Ireland for publication of information supplied. It may make charges for the supply of the guide as are necessary to cover the expense thereof.

Where the Department owns fishing rights in waters, it may issue permits to persons or make arrangements for the issue of permits to agents for periods up to one year, authorising the holder to use a fishing engine in the waters to which the permit relates. It may charge a reasonable sum for the issue of the permit. It may issue complimentary permits to persons not resident in Northern Ireland.

The Department has general powers for the purpose of the improvement and protection of fisheries. It may stock waters if it is expedient to introduce fish, and the introduction of fish of that kind will not interfere with the reasonable and legitimate interests of any other person.

The Department may enter agreements with and at the expense of others to execute works or do anything as which that person is entitled to do. The Department may establish a fish farm for the purpose of providing yearlings or other fish or fry or ova for the stocking or restocking of waters under the control of the Department or other persons or associations. If not required, it may provide excess fish for human consumption. When providing fish to any person or association, it may charge a sum not less than the market value.