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Fisheries Act (Northern Ireland) 1966

1966 c. 17 (N.I.) · Enacted 21 June 1966 · Extends to Northern Ireland

Not fully up to date. 2 changes made by later legislation have not yet been written into this text, which is revised to 31 December 2020.

See the changes not yet applied
ProvisionChangeMade by
s. 11(3)words substitutedThe Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 Sch. 2 para. 2(1)
s. 11B(2)(b) and wordsrepealedThe Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 Sch. 2 para. 2(2) Sch. 3

An Act to extend the functions of the Ministry of Agriculture in relation to fisheries and to make provision for the development and improvement of fisheries by, or with the assistance of, that Ministry; to establish the Fisheries Conservancy Board for Northern Ireland, and to define their functions; to provide for the transfer to that Board of the property, rights and liabilities of, and to dissolve, the existing boards of conservators; to consolidate with amendments the Fisheries Acts (Northern Ireland) 1842 to 1954 and certain other enactments relating to fisheries; otherwise to amend the law with respect to fisheries; and for purposes connected with those matters.

[21st June 1966]

Annotations to the whole text

Textual amendments

F1

App. (hovercraft), SI 1972/971

Contents

  1. Part I: FUNCTIONS OF THE MINISTRY OF AGRICULTURE
  2. Chapter: Preliminary
  3. 1Responsibility of the Ministry for fisheries in Northern Ireland.
  4. Chapter: Development and improvement of facilities for angling
  5. 1APromotion of angling.
  6. 2Acquisition and development of waters for angling.
  7. 3Development of derelict waters for angling.
  8. 3ASchemes for development of derelict waters.
  9. 4Provisions supplemental to sections 3 and 3A.
  10. 5Payment of grants and execution of works for the development, etc., of waters for angling.
  11. 6Programme for the development, etc., of waters for angling.
  12. 7Compilation and publication of angling guide.
  13. Chapter: Permits to fish in Department's waters
  14. 7APermits.
  15. Chapter: Other provisions for the improvement and protection of fisheries
  16. 8General power for stocking of waters.
  17. 9Power of Ministry to improve fisheries at expense of other persons.
  18. 10Power of Ministry to establish a fish farm.
  19. 11Fish culture licences.
  20. 11AApplications for fish culture licences.
  21. 11BDischarge of effluent.
  22. 11CAmendment, suspension and revocation of fish culture licences.
  23. 12Power of Ministry to conduct or assist research.
  24. 13Prohibition of introduction of fish of certain kinds.
  25. 14Exemptions for artificial propagation and scientific purposes.
  26. 15Regulations with respect to eel fishing.
  27. Chapter: Protection of quality of fish
  28. 15ARegulations for protection of quality of fish.
  29. Chapter: Definitions of mouths of rivers, etc.
  30. 16Definitions of mouths of rivers, etc.
  31. Chapter: Records and returns
  32. 17Records and returns by holders of fishing licences and dealers' licences and persons engaged in the sea-fish industry.
  33. 18Disclosure of returns and information.
  34. Chapter: Regulations
  35. 19Regulations.
  36. Chapter: Inquiries
  37. 20Power of Ministry to hold inquiries and investigations.
  38. 21Notice of meetings and inquiries.
  39. Chapter: Report
  40. 22Annual report by the Ministry.
  41. Chapter: Financial provisions
  42. 23Expenses.
  43. 24Appropriations in aid.
  44. Part II: CONSERVATION AND PROTECTION OF SALMON AND INLAND FISHERIES
  45. Chapter: Functions of the Department ...
  46. 25Functions of the Department
  47. 26Regulations
  48. Chapter: Financial provisions affecting the Board
  49. 27Borrowing powers. Repealed
  50. 28Duty of Board to make to Ministry a yearly return of estimated receipts and payments. Repealed
  51. 29Power of Ministry to make advances to the Board. Repealed
  52. 30Accounts and Audit Repealed
  53. Returns and information
  54. 32Annual reports of the Board. Repealed
  55. 33Duty of Board to disclose information to Ministry. Repealed
  56. Part [PART III: FISHING LICENCES
  57. 37Power to make regulations respecting fishing licences.
  58. 38Arrangements for the issue of certain licences.
  59. 39Angling licences to be non-transferable.
  60. 40Effect of fishing licences.
  61. 41Prohibition of unlicensed fishing.
  62. 42Charging of certain offences under s.41.
  63. 43Defences to charges under section 41.
  64. 44Complimentary licences.
  65. 45Falsification, etc., of licences.
  66. Part IV: PROTECTION OF FISHERIES
  67. Chapter: Protection of fishing waters from poisoning, etc., and pollution
  68. 46Penalty for use or possession of deleterious matter.
  69. 47Penalty for pollution.
  70. Chapter: Protection of young and breeding fish
  71. 48Taking, etc., spawn or fry of salmon, trout or eels.
  72. 49Chasing, etc., spawning fish.
  73. 50Penalties for taking, etc., unseasonable salmon or trout.
  74. 51Prohibition against sale, etc., of immature salmon or trout.
  75. 52Taking undersized pollen.
  76. Obstructions to passage of fish
  77. 53Removal of natural obstructions in rivers to allow free passage of fish.
  78. 54Construction of fish passes in dams in rivers.
  79. 55Offence of taking fish in a fish pass, using fishing engines in a fish pass or placing obstacles in a fish pass.
  80. 56Restrictions on the use of fishing engines and rods and lines at or in the vicinity of dams.
  81. 57Penalty for taking fish in works or watercourses appurtenant to mills.
  82. 58Provisions in relation to sluices, etc., of mills deriving water from rivers.
  83. Abstraction of water from rivers and lakes
  84. 59Gratings to be set in watercourses diverted from rivers or lakes to prevent entry therein of fish.
  85. Chapter: Interpretation
  86. 61Interpretation of Part IV.
  87. Part V: REGULATION OF FISHING FOR SALMON, EELS AND FRESHWATER FISH
  88. Chapter: Prohibition of certain methods of fishing
  89. 62Penalty for using certain devices for taking fish.
  90. 63Fishing for salmon or trout by cross lines.
  91. 64Penalty for taking salmon or trout in eel weir.
  92. 65Penalty for damming or teeming river or millrace for purpose of taking salmon or trout.
  93. Chapter: [Regulations as to nets, etc.]
  94. 66Restrictions on use of nets.
  95. 67Mesh of nets made of non-rigid material for the taking of salmon in the sea or tideways.
  96. 68Meshes or openings of engines made of rigid material for the taking of salmon in the sea or tideways.
  97. 69Use of salmon nets near mouths of rivers.
  98. 70Powers of Board with respect to drift nets for the taking of salmon in the sea.
  99. 71Restriction on use of nets in fresh water.
  100. 72Mesh of nets for taking fish in fresh water.
  101. Chapter: Prohibition of fishing weirs and fixed engines, with certain exceptions
  102. 73Restriction with respect to fishing weirs or fixed engines in fresh water portion of rivers or lakes.
  103. 74Restriction on use of fixed engines for the capture of salmon in the sea or tideways.
  104. 75Effect of certificate under section 6 of the Salmon Fishery (Ireland) Act 1863.
  105. 76Power of Ministry to authorise the alteration of sites of fixed engines.
  106. 77Power of Ministry to authorise variation in characteristics of fixed engines.
  107. Chapter: Regulations as to fixed engines
  108. 78Prohibition of erecting or using fixed engines at mouths of rivers.
  109. 79Prohibition of bag nets in certain places.
  110. 80Regulations as to construction and user of bag nets.
  111. Chapter: Regulations as to fishing weirs
  112. 81Free gaps in fishing weirs.
  113. 82Offence of affecting flow of water through free gap by alteration of bed of river.
  114. 83Fishing in or near or obstructing free gaps.
  115. 84Operation of eel weir without free gap.
  116. 85Rules as to boxes in salmon weirs.
  117. 86Construction of guiding walls appurtenant to salmon weirs.
  118. Chapter: Other provisions
  119. 87Restriction on possession of unlawful fishing engines, etc.
  120. 88Taking salmon or trout unlawfully killed or found dead.
  121. Part VI: TIMES OF FISHING FOR SALMON, TROUT, POLLEN AND EELS
  122. Chapter: Annual close season for salmon and trout caught otherwise than by rod and line
  123. 89Annual close season for salmon and trout.
  124. 90Penalties for fishing otherwise than by rod and line for salmon or trout during the annual close season for salmon and trout.
  125. 91Provisions to be observed in relation to fixed engines during the annual close season for salmon and trout
  126. 92Dismantlement of salmon weirs during the annual close season for salmon and trout.
  127. 93Removal of nets from banks, etc., of waters during the annual close season for salmon and trout.
  128. 94Use of nets in inland waters during the annual close season for salmon and trout.
  129. Chapter: Annual close season for angling for salmon and annual close season for angling for trout
  130. 95Annual close season for angling for salmon and annual close season for angling for trout.
  131. 96Angling for salmon or for trout during annual close season for angling for salmon or annual close season for angling for trout.
  132. Chapter: Weekly close time for salmon and trout caught otherwise than by rod and line
  133. 97Weekly close time.
  134. 98Penalty for fishing otherwise than by rod and line for salmon or trout during the weekly close time.
  135. 99Provisions to be observed in relation to certain fixed engines during the weekly close time.
  136. 100Provisions to be observed in relation to salmon weirs during the weekly close time.
  137. 101Penalty for preventing fish from passing through boxes, etc., during the weekly close time.
  138. 102Scaring or obstructing free passage of salmon or trout during the weekly close time.
  139. 103Use of nets in inland waters during the weekly close time.
  140. Chapter: Other restrictions as to times of fishing for salmon and trout
  141. 104Restriction on use of salmon or trout nets during certain hours in freshwater portions of rivers.
  142. Chapter: Pollen
  143. 105Annual close season for pollen.
  144. 106Extension of sections 90 and 98 to pollen.
  145. Chapter: Eels
  146. 107Annual close season for eels.
  147. 108Prohibition of taking etc. eels, otherwise than by rod and line, during the annual close season.
  148. 109Placing fishing engines for taking eels in eyes, etc., of fishing weirs during the annual close season for eels or during the daytime.
  149. Part VII: RESTRICTIONS ON DEALINGS IN SALMON, TROUT AND EELS
  150. 110Prohibition of sale, etc., of salmon or trout unlawfully captured.
  151. 111Prohibition of purchase, sale, etc., of salmon, trout, pollen and brown eels at certain times.
  152. 112Restriction on purchase of salmon, trout and eels.
  153. Licences for the sale of salmon, trout and eels
  154. 113Prohibition of sale, etc., of salmon, trout and eels without licence.
  155. 114Grant of licence.
  156. 115Renewal of licence.
  157. 116Appeal from refusal of licence.
  158. 117Separate licence required for each premises, etc.
  159. 118Publication of licences.
  160. 119Temporary continuance of licence on death.
  161. 120Register to be kept by holder of licence.
  162. Chapter: Other provisions
  163. 122Marking of packages containing salmon, trout or eels.
  164. 123Penalties for offences under Part VII.
  165. 123APower to apply this Part to other species of fish.
  166. Part VIII: SEA-FISHERIES
  167. Regulations
  168. 124Sea-fishing regulations.
  169. 126Landing etc., fish caught in contravention of regulations.
  170. Chapter: Undersized sea-fish
  171. 127Minimum sizes of sea-fish.
  172. Other provisions
  173. 128Use of beaches, etc., by fishermen for purposes of sea-fishing.
  174. 129Use by fishermen of land adjoining fishing places.
  175. [PART IXSHELL-FISH FISHERY LICENCES
  176. 131Power of Department to grant shell-fish fishery licence.
  177. 132Application for shell-fish fishery licence.
  178. 133Form, conditions, duration and variation of shell-fish fishery licence.
  179. 134Publication of shell-fish fishery licence.
  180. 135Effect of shell-fish fishery licence.
  181. 136Offences with respect to licensed shell-fish fishery.
  182. 137Suspension or revocation of shell-fish fishery licence.
  183. Part IXA: MARINE FISH FISHERY LICENCES
  184. 137AMarine fish fishery licences.
  185. Part X: MISCELLANEOUS OFFENCES
  186. 160Obstructing persons lawfully fishing.
  187. 161Placing fishing engine with intent to prevent fish entering any other fishing engine lawfully set.
  188. 162Taking or using boats without permission.
  189. 163Names of owners to be painted on fishing boats.
  190. 164Unauthorised entry on several fishery.
  191. 165Unauthorised fishing in private ponds.
  192. Part XI: AUTHORISED PERSONS
  193. Chapter: Definitions
  194. 166Definitions for purposes of Part XI.
  195. Provisions with respect to particular classes of authorised persons
  196. 167Amendment of 1836 c.13 s.15, as to purposes for which members of the Royal Ulster Constabulary may be employed.
  197. 168Restriction on powers of officers of the Department .
  198. 170Appointment, etc., of private water bailiffs.
  199. 170ADuration of appointments of private water bailiffs.
  200. 171Warrant for exercise of powers.
  201. Chapter: Powers
  202. 172General powers of authorised persons.
  203. 173Power of justice of the peace to grant warrant to enter certain places.
  204. 174Boarding and examination of fishing boats.
  205. 175Detention of sea-fishing boats, etc.
  206. 176Apprehension of offenders.
  207. 177Powers in relation to fishing engines, etc.
  208. 178Powers of inspection, examination and detention.
  209. 179Persons using, etc., fishing engines to produce fishing licence therefor on demand.
  210. 179AProduction of permits issued under section 7A.
  211. 180Procedure for disposal of boat or fishing engine seized in certain cases.
  212. 181Procedure for disposal of fish seized or detained.
  213. Chapter: Protection of authorised persons
  214. 182Penalty for assaulting authorised person.
  215. 183Obstructing or impeding authorised person.
  216. 184Giving warning to persons unlawfully fishing.
  217. 185Indemnification of authorised persons.
  218. Part XII: SUPPLEMENTAL PROVISIONS
  219. Chapter: General considerations
  220. 185APreservation of amenity.
  221. Chapter: Jurisdiction of Water Appeals Commission for Northern Ireland under this Act
  222. 185BJurisdiction of Appeals Commission. Repealed
  223. Legal Proceedings
  224. 186Complaints.
  225. 188Jurisdiction in offences committed at sea.
  226. 189Service of documents.
  227. 192Additional defence for persons charged with buying, etc., undersized fish.
  228. 193Detention of offender pending return of warrant of distress.
  229. Chapter: Forfeitures
  230. 195Forfeiture of boat, fishing engine, etc., as statutory consequence of conviction.
  231. 196Non-obligation of court to pronounce or record forfeiture.
  232. 197Power of court to order forfeiture of vehicle.
  233. 198Disposal of forfeitures.
  234. 199Appeal from refusal of Ministry to annul forfeiture in certain cases.
  235. 200Forfeiture of licences.
  236. Chapter: Penalties
  237. 201Penalties for offences.
  238. 202Continuing offences.
  239. 203Disposal of fines.
  240. Chapter: Evidence
  241. 204Proof of documents.
  242. 205Recovery and evidence of expenses.
  243. Chapter: Interpretation
  244. 206Interpretation.
  245. 207Extension to hand lines of provisions relating to angling.
  246. Chapter: Saving
  247. 208Saving for right of owner to take materials from streams
  248. Chapter: Transitional
  249. 209Transitional provisions.
  250. General
  251. 212Application to the Londonderry Area.
  252. 213Commencement.
  253. 214Short title.
  254. Schedule 1: SUSPENSION AND REVOCATION OF LICENCES
  255. 1Paragraph 1
  256. 2Paragraph 2
  257. 3Paragraph 3
  258. 4Paragraph 4
  259. 5Paragraph 5
  260. 6Paragraph 6
  261. 7Paragraph 7
  262. 8Paragraph 8
  263. 9Paragraph 9
  264. Schedule 2: THE FISHERIES CONSERVANCY BOARD FOR NORTHERN IRELAND
  265. Part
  266. Chapter: Incorporation and constitution
  267. 1Paragraph 1
  268. 2Paragraph 2
  269. 3Paragraph 3
  270. 4Paragraph 4
  271. 5Paragraph 5
  272. 6Paragraph 6
  273. Chapter: Executive committee of the Board
  274. 7Paragraph 7
  275. Chapter: Remuneration
  276. 8Paragraph 8
  277. Chapter: Power to amend certain provisions of this Schedule
  278. 9Paragraph 9
  279. Chapter: Officers and servants
  280. 10Paragraph 10
  281. 11Paragraph 11
  282. Chapter: Superannuation
  283. 12Paragraph 12
  284. Chapter: The seal
  285. 13Paragraph 13
  286. Chapter: Execution of contracts and instruments not under seal
  287. 14Paragraph 14
  288. Schedule Schedule
  289. Schedule Schedule
  290. Schedule 5FORM OF APPOINTMENT OF PRIVATE WATER BAILIFF
  291. Paragraph
  292. Paragraph
  293. Paragraph
  294. Paragraph
  295. Paragraph
  296. Paragraph
  297. Paragraph
  298. Paragraph
  299. Schedule 5A: RENEWAL OF APPOINTMENTS OF PRIVATE WATER BAILIFFS
  300. 1Paragraph 1
  301. 2Paragraph 2
  302. 3Paragraph 3
  303. 4Paragraph 4
  304. 5Paragraph 5
  305. Schedule 6PROVISIONS TO WHICH SECTIONS 182(b) AND 183(b) APPLY
  306. Schedule Schedule
  307. Schedule Schedule