Fish Licensing

A fishing license is not to confer on any person using a fishing engine any right of fishing in a place which he does not otherwise possess. It is not to affect the rights of persons other than license-holders. It is not to make legal any fishing engine that would otherwise be illegal or imply recognition of the legality of a fishing engine or render lawful anything which is otherwise unlawful.

Unless specifically allowed under provision in the legislation, a person shall not fish or take or kill salmon, eels or any freshwater fish except under a fishing license issued pursuant to regulations and in accordance with its terms and conditions. A person shall not have in his possession in or near a fishing place any fishing engine for the taking or killing of salmon, eels or freshwater fish which is erected or in fishing order, unless there is in force a fishing license authorizing the use of that fishing engine.

Contravention may lead to a fine on summary conviction of up to £200 in the case of unlawful use and possession of a rod and line and £500 in other cases.

The above provisions do not apply to a person lawfully fishing by rod and line in a production farm pond at a fish farm operated by the holder of a fish culture license. A production pond is used for the artificial propagation and culture of fish and designated for the purposes as a production pond in a fish culture license.

It is a defence to prosecution for an offence above to prove that at the time the fish were taken, the person was engaging in lawful fishing for another kind of fish, and he unintentionally took fish for which he was not licensed, and immediately upon being taken, they were returned to the water without avoidable injury.

It is an offence to falsify a licence.

The Department may issue fish culture licenses authorising a person to operate a fish farm at a specified location and to carry on in connection such operations as may be specified in the license. The license may contain such conditions as the Department considers appropriate. It shall provide conditions as to the times and seasons in which fish may be taken.

It is an offence to operate a fish farm without a license or in contravention of conditions attached to a license.

The application is to be made to the Department. If objections are made which are not disregarded as vexatious and frivolous, an enquiry is to be heard by the Department, by the Water Appeals Commission for Northern Ireland for the purpose of considering objections. The Appeals Commission may determine objections. It may also determine an appeal against refusal of a license by or the imposition of conditions on the license by the Department.

Where an application is made to the Department of the Environment for discharge of effluent and the Department determines that the application is for a consent to discharge into a waterway of effluent or matter in connection with the operation of a fish farm, the Department of the Environment with the approval of the Department of Agriculture may make a direction that a local public enquiry be held.

A fish culture license may be amended or revoked. Notice is to be given to the license holder who may appeal to the Appeals Commission.

The Department has power to conduct or to promote and assist by grants or otherwise, research and investigation into fishery matters.

The Department may make an order prohibiting the introduction of fish into waters, where it would be detrimental to the fisheries of those waters. The introduction of fish or anything in contravention is an offence. Where an order is made, the Minister may grant a permit subject to such conditions as may be issued, allowing introduction subject to its terms and conditions.

The Minister may vary permits, allow the artificial propagation of fish for some scientific purpose or the improvement of a fishery. The permit may allow the catching of specified fish, possession of fish of that kind or thereover for the purpose of artificial propagation, transplantation, stocking and restocking or improvement of the fisheries or any scientific purpose, purchase and sale of ova or fry of fish for the purpose of stocking and restocking or for scientific purposes, disposal of fish in accordance with the terms of the permit.

Returns made shall not be disclosed to third parties without the consent of the person making the return. This does not apply to disclosures within departments or disclosures of returns in a summary manner so that particulars of an individual cannot be identified, disclosure of information in legal proceedings, or required by law.

The Minister may hold inquiries and investigations in relation to fisheries in Northern Ireland or any of them and the best means to be adopted for the management, conservation, protection, and improvement thereof.

The Department may, in relation to fish farms or fish culture licences, make such inquiries and examinations by an inspector and require the holder to furnish such information as it considers necessary. The holder of the licence shall afford all facilities for such inquiries and examination and give information accordingly. An authorised officer may enter the place specified in a fish culture licence or any shell-fish fishery licence, examine the place, obtain, take away and dispose of samples, etc. The holder of the licence must afford all requisite facilities.

The Department is to prepare an annual report and lay it before the Assembly. This is to include particulars of the proceedings under the Act; a statistical account of fisheries in Northern Ireland, arranged and classified under different headings as are suited; particulars of receipts and payments of money.

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