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Eel Fishing Regulations (Northern Ireland) 2010

S.R. 2010/166 · Made 27 April 2010 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 1 January 2026.

Fisheries

Made 27th April 2010

Coming into operation 1st June 2010

The Department of Culture, Arts and Leisure f1 makes the following Regulations in exercise of the powers conferred by sections 15(1), 19(1), 26(1) and 37(1) of the Fisheries Act (Northern Ireland) 1966 f2 and now vested in it f3.

Annotations to the whole text

Footnotes

f1

Established by Article 3(1)(b) of the Departments (Northern Ireland) Order 1999, S.I. 1999/283 (N.I. 1)

f2

1966 c. 17 (N.I.) as amended by S.I 1968 c. 31 (N.I.), S.I. 1981/227 (N.I. 7), S.R. 1983 No. 100;, S.I. 1991/1466 (N.I. 13);, 2001 c. 4 (N.I), S.I. 2007/915 (N.I 9) and 2009 c.3 (N.I)

f3

S.R. 1999 No. 481 Article 3 and Schedule 1. Functions formerly exercisable by the Fisheries Conservancy Board for Northern Ireland under the Fisheries Act (Northern Ireland) 1966 were transferred to the Department by section 1 of the Public Authorities (Reform) Act (Northern Ireland) 2009 (c.3 (N.I.))

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Prohibition of fishing for eels
  4. 4Exception to prohibition: long lines and draft nets
  5. 5Exception to prohibition: eel weirs
  6. 6Undersized eels
  7. 6AMaximum landing size for eels
  8. 7Annual close seasons for eels
  9. 7AAnnual catch limits for eels
  10. 8Marking of keep boxes
  11. 9Amendment of the Fisheries Regulations (Northern Ireland) 2003
  12. 10Revocations
  13. Signature
  14. Explanatory note

1Citation and commencementI1

These Regulations may be cited as the Eel Fishing Regulations (Northern Ireland) 2010 and shall come into operation on 1st June 2010.

2InterpretationI1

In these Regulations—

  • F1“annual catch limit for eels” means the total weight of eels which may be fished for or taken in the open fishing season each year by licensed eel fishers combined, as determined by the Department on an annual basis;

  • “Lough Neagh” does not include tributaries and branches thereof;

  • “licensed eel fisher” means a person holding a licence from the Department of Culture, Arts and Leisure authorising the licence-holder to fish for, take and kill eels by means of draft net or long line or at an eel weir and, in relation to the grading of eels only, includes the agent of the licence-holder previously authorised in writing by the licence-holder for that purpose;

  • “maximum landing size for eels” means eels of a specific length to be determined by the Department each year, measured from the tip of the snout to the tip of the tail;

  • F2“undersized eels” –

  • in relation to brown eels, means eels of a length less than 40 centimetres; and

  • in relation to silver eels, means eels of a length less than 30 centimetres,

  • measured from the tip of the snout to the tip of the tail;.

  • “hook” means a hook attached to a fishing line;

  • “grading” means the process of sorting eels by length or weight.

3Prohibition of fishing for eelsI1

Subject to regulations 4 and 5, a person shall not use a fishing engine of any description for the purpose of fishing for, taking or killing eels.

4Exception to prohibition: long lines and draft netsI1

(1)

Subject to paragraph (2), regulation 3 does not apply to the use of any long line or draft net in Lough Neagh upstream of the drainage flood gates at Toomebridge.

(2)

A person shall not use on any long line a hook the shank of which is less than 23 millimetres in length and the gape of which, that is to say, the distance between the point and the shank, is less than 7.75 millimetres.

5Exception to prohibition: eel weirsI1

Regulation 3 does not apply to the use of any fishing engine which is erected or hung in the existing eel weir at—

(a)

Toome;

(b)

Upper Row, Portna; or

(c)

Lower Row, Portna.

6Undersized eelsI1

(1)

A person shall not wilfully fish for, take or kill undersized eels.

(2)

Subject to paragraph (3), a person shall not land or have in their possession or control any undersized eels.

(3)

Paragraph (2) does not apply to a licensed eel fisher who lands or has in his possession or control any undersized eels for the purpose of grading provided the eels are graded immediately they are landed and the undersized eels are then immediately returned to the waters from which they were taken without any avoidable injury.

6AMaximum landing size for eelsF1

(1)

A person shall not wilfully fish for, take, retain or kill eels in excess of the maximum landing size for eels.

(2)

Subject to paragraph (3), a person shall not land or have in their possession or control eels in excess of the maximum landing size for eels.

(3)

Paragraph (1) does not apply to a licensed eel fisher who lands or has in his possession or control eels in excess of the maximum landing size for eels for the purpose of grading, provided the eels are graded immediately on landing and eels in excess of the maximum landing size for eels are immediately returned to the waters from which they were taken without any avoidable injury.

(4)

The maximum landing size for eels will be published on the Department’s website by 1 April each year.

7Annual close seasons for eelsF1

(1)

The annual close season for eels by means of fishing engines which are erected or hung in fishing weirs or are fixed engines (other than long lines) shall be the period from the 16th December in any year to 14th August in the following year.

(2)

The annual close season for eels by any means other than a fishing engine to which paragraph (1) applies (except by rod and line), shall be the period from the 1st September in any year to 30th April in the following year.

(3)

The annual close seasons for eels in paragraphs (1) and (2) are subject to the annual catch limit for eels.

7AAnnual catch limits for eelsF1

(1)

A person shall not wilfully fish for, take, retain or kill eels in excess of the annual catch limit.

(2)

Each year the Department will determine annual catch limits for eels that can be caught by means of—:

(a)

fishing engines which are erected or hung in fishing weirs or are fixed engines; and

(b)

long lines or draft nets.

(3)

The annual catch limits for eels for that year will be published on the Department’s website by 1 April.

8Marking of keep boxesI1

Each keep box or other container used for the holding of eels in a lake or river shall be clearly marked in letters or figures not less than 12 millimetres in height with the name and address of, or the number of the licence held by the owner of the box or container.

9Amendment of the Fisheries Regulations (Northern Ireland) 2003I1

(1)

The Fisheries Regulations (Northern Ireland) 2003 f1 are amended in accordance with paragraphs (2) and (3).

(2)

In regulation 2(1) (interpretation) —

(a)

in the definition of “coarse fishing rod licence” omit “eels and”;

(b)

in the definition of “concessionary season fishing rod licence” omit “eels and”;

(c)

in the definition of “game fishing rod licence” for “ salmon, freshwater fish and eels” substitute “salmon and freshwater fish”;

(d)

in the definition of “ juvenile season fishing rod licence” omit “eels and”.

(3)

In regulation 4 (general) —

(a)

in paragraph (1)(a) for “salmon, freshwater fish and eels” substitute “salmon and freshwater fish”;

(b)

in paragraph (1)(b) omit “eels and”.

10RevocationsI1

The Eel Fishing Regulations (Northern Ireland) 1979 f1, the Eel Fishing (Amendment) Regulations (Northern Ireland) 1982 f2 and the Eel Fishing (Amendment) Regulations (Northern Ireland) 1994 f3 are revoked.

Signature

Sealed with the Official Seal of the Department of Culture, Arts and Leisure on 27th April 2010.

L.S.

M. Cory

A senior officer of the Department of Culture, Arts and Leisure

Explanatory note

(This note is not part of the Regulations)

These regulations revoke the Eel Fishing Regulations (Northern Ireland) 1979 and remake them to implement the Eel Management Plans prepared by the Department and approved by the European Commission under Council Regulation (EC) No 1100/2007 establishing measures for the recovery of the stock of European eel (O.J. L 248, 22.9.2007, p.17).

The regulations—

1. prohibit the use of any description of fishing engine for the purpose of fishing for eels except long lines and draft nets on Lough Neagh and any fishing engine at the existing eel weirs on the Lower River Bann;

2. prescribe the minimum size of eels which may be taken and provide for the return of undersized eels to the waters from which they were taken after eel catches are graded;

3. prescribe the annual close season for the taking of eels at fishing weirs; and

4. make consequential amendments of the Fisheries Regulations (NI) 2003 (formerly Byelaws).