Fisheries Act (Northern Ireland) 1966
1966 c. 17 (N.I.) · Enacted 21 June 1966 · Extends to Northern Ireland
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
- Part I: FUNCTIONS OF THE MINISTRY OF AGRICULTURE
- Chapter: Preliminary
- 1Responsibility of the Ministry for fisheries in Northern Ireland.
- Chapter: Development and improvement of facilities for angling
- 1APromotion of angling.
- 2Acquisition and development of waters for angling.
- 3Development of derelict waters for angling.
- 3ASchemes for development of derelict waters.
- 4Provisions supplemental to sections 3 and 3A.
- 5Payment of grants and execution of works for the development, etc., of waters for angling.
- 6Programme for the development, etc., of waters for angling.
- 7Compilation and publication of angling guide.
- Chapter: Permits to fish in Department's waters
- 7APermits.
- Chapter: Other provisions for the improvement and protection of fisheries
- 8General power for stocking of waters.
- 9Power of Ministry to improve fisheries at expense of other persons.
- 10Power of Ministry to establish a fish farm.
- 11Fish culture licences.
- 11AApplications for fish culture licences.
- 11BDischarge of effluent.
- 11CAmendment, suspension and revocation of fish culture licences.
- 12Power of Ministry to conduct or assist research.
- 13Prohibition of introduction of fish of certain kinds.
- 14Exemptions for artificial propagation and scientific purposes.
- 15Regulations with respect to eel fishing.
- Chapter: Protection of quality of fish
- 15ARegulations for protection of quality of fish.
- Chapter: Definitions of mouths of rivers, etc.
- 16Definitions of mouths of rivers, etc.
- Chapter: Records and returns
- 17Records and returns by holders of fishing licences and dealers' licences and persons engaged in the sea-fish industry.
- 18Disclosure of returns and information.
- Chapter: Regulations
- 19Regulations.
- Chapter: Inquiries
- 20Power of Ministry to hold inquiries and investigations.
- 21Notice of meetings and inquiries.
- Chapter: Report
- 22Annual report by the Ministry.
- Chapter: Financial provisions
- 23Expenses.
- 24Appropriations in aid.
- Part II: CONSERVATION AND PROTECTION OF SALMON AND INLAND FISHERIES
- Chapter: Functions of the Department ...
- 25Functions of the Department
- 26Regulations
- Chapter: Financial provisions affecting the Board
- 27Borrowing powers. Repealed
- 28Duty of Board to make to Ministry a yearly return of estimated receipts and payments. Repealed
- 29Power of Ministry to make advances to the Board. Repealed
- 30Accounts and Audit Repealed
- Returns and information
- 32Annual reports of the Board. Repealed
- 33Duty of Board to disclose information to Ministry. Repealed
- Part [PART III: FISHING LICENCES
- 37Power to make regulations respecting fishing licences.
- 38Arrangements for the issue of certain licences.
- 39Angling licences to be non-transferable.
- 40Effect of fishing licences.
- 41Prohibition of unlicensed fishing.
- 42Charging of certain offences under s.41.
- 43Defences to charges under section 41.
- 44Complimentary licences.
- 45Falsification, etc., of licences.
- Part IV: PROTECTION OF FISHERIES
- Chapter: Protection of fishing waters from poisoning, etc., and pollution
- 46Penalty for use or possession of deleterious matter.
- 47Penalty for pollution.
- Chapter: Protection of young and breeding fish
- 48Taking, etc., spawn or fry of salmon, trout or eels.
- 49Chasing, etc., spawning fish.
- 50Penalties for taking, etc., unseasonable salmon or trout.
- 51Prohibition against sale, etc., of immature salmon or trout.
- 52Taking undersized pollen.
- Obstructions to passage of fish
- 53Removal of natural obstructions in rivers to allow free passage of fish.
- 54Construction of fish passes in dams in rivers.
- 55Offence of taking fish in a fish pass, using fishing engines in a fish pass or placing obstacles in a fish pass.
- 56Restrictions on the use of fishing engines and rods and lines at or in the vicinity of dams.
- 57Penalty for taking fish in works or watercourses appurtenant to mills.
- 58Provisions in relation to sluices, etc., of mills deriving water from rivers.
- Abstraction of water from rivers and lakes
- 59Gratings to be set in watercourses diverted from rivers or lakes to prevent entry therein of fish.
- Chapter: Interpretation
- 61Interpretation of Part IV.
- Part V: REGULATION OF FISHING FOR SALMON, EELS AND FRESHWATER FISH
- Chapter: Prohibition of certain methods of fishing
- 62Penalty for using certain devices for taking fish.
- 63Fishing for salmon or trout by cross lines.
- 64Penalty for taking salmon or trout in eel weir.
- 65Penalty for damming or teeming river or millrace for purpose of taking salmon or trout.
- Chapter: [Regulations as to nets, etc.]
- 66Restrictions on use of nets.
- 67Mesh of nets made of non-rigid material for the taking of salmon in the sea or tideways.
- 68Meshes or openings of engines made of rigid material for the taking of salmon in the sea or tideways.
- 69Use of salmon nets near mouths of rivers.
- 70Powers of Board with respect to drift nets for the taking of salmon in the sea.
- 71Restriction on use of nets in fresh water.
- 72Mesh of nets for taking fish in fresh water.
- Chapter: Prohibition of fishing weirs and fixed engines, with certain exceptions
- 73Restriction with respect to fishing weirs or fixed engines in fresh water portion of rivers or lakes.
- 74Restriction on use of fixed engines for the capture of salmon in the sea or tideways.
- 75Effect of certificate under section 6 of the Salmon Fishery (Ireland) Act 1863.
- 76Power of Ministry to authorise the alteration of sites of fixed engines.
- 77Power of Ministry to authorise variation in characteristics of fixed engines.
- Chapter: Regulations as to fixed engines
- 78Prohibition of erecting or using fixed engines at mouths of rivers.
- 79Prohibition of bag nets in certain places.
- 80Regulations as to construction and user of bag nets.
- Chapter: Regulations as to fishing weirs
- 81Free gaps in fishing weirs.
- 82Offence of affecting flow of water through free gap by alteration of bed of river.
- 83Fishing in or near or obstructing free gaps.
- 84Operation of eel weir without free gap.
- 85Rules as to boxes in salmon weirs.
- 86Construction of guiding walls appurtenant to salmon weirs.
- Chapter: Other provisions
- 87Restriction on possession of unlawful fishing engines, etc.
- 88Taking salmon or trout unlawfully killed or found dead.
- Part VI: TIMES OF FISHING FOR SALMON, TROUT, POLLEN AND EELS
- Chapter: Annual close season for salmon and trout caught otherwise than by rod and line
- 89Annual close season for salmon and trout.
- 90Penalties for fishing otherwise than by rod and line for salmon or trout during the annual close season for salmon and trout.
- 91Provisions to be observed in relation to fixed engines during the annual close season for salmon and trout
- 92Dismantlement of salmon weirs during the annual close season for salmon and trout.
- 93Removal of nets from banks, etc., of waters during the annual close season for salmon and trout.
- 94Use of nets in inland waters during the annual close season for salmon and trout.
- Chapter: Annual close season for angling for salmon and annual close season for angling for trout
- 95Annual close season for angling for salmon and annual close season for angling for trout.
- 96Angling for salmon or for trout during annual close season for angling for salmon or annual close season for angling for trout.
- Chapter: Weekly close time for salmon and trout caught otherwise than by rod and line
- 97Weekly close time.
- 98Penalty for fishing otherwise than by rod and line for salmon or trout during the weekly close time.
- 99Provisions to be observed in relation to certain fixed engines during the weekly close time.
- 100Provisions to be observed in relation to salmon weirs during the weekly close time.
- 101Penalty for preventing fish from passing through boxes, etc., during the weekly close time.
- 102Scaring or obstructing free passage of salmon or trout during the weekly close time.
- 103Use of nets in inland waters during the weekly close time.
- Chapter: Other restrictions as to times of fishing for salmon and trout
- 104Restriction on use of salmon or trout nets during certain hours in freshwater portions of rivers.
- Chapter: Pollen
- 105Annual close season for pollen.
- 106Extension of sections 90 and 98 to pollen.
- Chapter: Eels
- 107Annual close season for eels.
- 108Prohibition of taking etc. eels, otherwise than by rod and line, during the annual close season.
- 109Placing fishing engines for taking eels in eyes, etc., of fishing weirs during the annual close season for eels or during the daytime.
- Part VII: RESTRICTIONS ON DEALINGS IN SALMON, TROUT AND EELS
- 110Prohibition of sale, etc., of salmon or trout unlawfully captured.
- 111Prohibition of purchase, sale, etc., of salmon, trout, pollen and brown eels at certain times.
- 112Restriction on purchase of salmon, trout and eels.
- Licences for the sale of salmon, trout and eels
- 113Prohibition of sale, etc., of salmon, trout and eels without licence.
- 114Grant of licence.
- 115Renewal of licence.
- 116Appeal from refusal of licence.
- 117Separate licence required for each premises, etc.
- 118Publication of licences.
- 119Temporary continuance of licence on death.
- 120Register to be kept by holder of licence.
- Chapter: Other provisions
- 122Marking of packages containing salmon, trout or eels.
- 123Penalties for offences under Part VII.
- 123APower to apply this Part to other species of fish.
- Part VIII: SEA-FISHERIES
- Regulations
- 124Sea-fishing regulations.
- 126Landing etc., fish caught in contravention of regulations.
- Chapter: Undersized sea-fish
- 127Minimum sizes of sea-fish.
- Other provisions
- 128Use of beaches, etc., by fishermen for purposes of sea-fishing.
- 129Use by fishermen of land adjoining fishing places.
- [PART IXSHELL-FISH FISHERY LICENCES
- 131Power of Department to grant shell-fish fishery licence.
- 132Application for shell-fish fishery licence.
- 133Form, conditions, duration and variation of shell-fish fishery licence.
- 134Publication of shell-fish fishery licence.
- 135Effect of shell-fish fishery licence.
- 136Offences with respect to licensed shell-fish fishery.
- 137Suspension or revocation of shell-fish fishery licence.
- Part IXA: MARINE FISH FISHERY LICENCES
- 137AMarine fish fishery licences.
- Part X: MISCELLANEOUS OFFENCES
- 160Obstructing persons lawfully fishing.
- 161Placing fishing engine with intent to prevent fish entering any other fishing engine lawfully set.
- 162Taking or using boats without permission.
- 163Names of owners to be painted on fishing boats.
- 164Unauthorised entry on several fishery.
- 165Unauthorised fishing in private ponds.
- Part XI: AUTHORISED PERSONS
- Chapter: Definitions
- 166Definitions for purposes of Part XI.
- Provisions with respect to particular classes of authorised persons
- 167Amendment of 1836 c.13 s.15, as to purposes for which members of the Royal Ulster Constabulary may be employed.
- 168Restriction on powers of officers of the Department .
- 170Appointment, etc., of private water bailiffs.
- 170ADuration of appointments of private water bailiffs.
- 171Warrant for exercise of powers.
- Chapter: Powers
- 172General powers of authorised persons.
- 173Power of justice of the peace to grant warrant to enter certain places.
- 174Boarding and examination of fishing boats.
- 175Detention of sea-fishing boats, etc.
- 176Apprehension of offenders.
- 177Powers in relation to fishing engines, etc.
- 178Powers of inspection, examination and detention.
- 179Persons using, etc., fishing engines to produce fishing licence therefor on demand.
- 179AProduction of permits issued under section 7A.
- 180Procedure for disposal of boat or fishing engine seized in certain cases.
- 181Procedure for disposal of fish seized or detained.
- Chapter: Protection of authorised persons
- 182Penalty for assaulting authorised person.
- 183Obstructing or impeding authorised person.
- 184Giving warning to persons unlawfully fishing.
- 185Indemnification of authorised persons.
- Part XII: SUPPLEMENTAL PROVISIONS
- Chapter: General considerations
- 185APreservation of amenity.
- Chapter: Jurisdiction of Water Appeals Commission for Northern Ireland under this Act
- 185BJurisdiction of Appeals Commission. Repealed
- Legal Proceedings
- 186Complaints.
- 188Jurisdiction in offences committed at sea.
- 189Service of documents.
- 192Additional defence for persons charged with buying, etc., undersized fish.
- 193Detention of offender pending return of warrant of distress.
- Chapter: Forfeitures
- 195Forfeiture of boat, fishing engine, etc., as statutory consequence of conviction.
- 196Non-obligation of court to pronounce or record forfeiture.
- 197Power of court to order forfeiture of vehicle.
- 198Disposal of forfeitures.
- 199Appeal from refusal of Ministry to annul forfeiture in certain cases.
- 200Forfeiture of licences.
- Chapter: Penalties
- 201Penalties for offences.
- 202Continuing offences.
- 203Disposal of fines.
- Chapter: Evidence
- 204Proof of documents.
- 205Recovery and evidence of expenses.
- Chapter: Interpretation
- 206Interpretation.
- 207Extension to hand lines of provisions relating to angling.
- Chapter: Saving
- 208Saving for right of owner to take materials from streams
- Chapter: Transitional
- 209Transitional provisions.
- General
- 212Application to the Londonderry Area.
- 213Commencement.
- 214Short title.
- Schedule 1: SUSPENSION AND REVOCATION OF LICENCES
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Schedule 2: THE FISHERIES CONSERVANCY BOARD FOR NORTHERN IRELAND
- Part
- Chapter: Incorporation and constitution
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Chapter: Executive committee of the Board
- 7Paragraph 7
- Chapter: Remuneration
- 8Paragraph 8
- Chapter: Power to amend certain provisions of this Schedule
- 9Paragraph 9
- Chapter: Officers and servants
- 10Paragraph 10
- 11Paragraph 11
- Chapter: Superannuation
- 12Paragraph 12
- Chapter: The seal
- 13Paragraph 13
- Chapter: Execution of contracts and instruments not under seal
- 14Paragraph 14
- Schedule Schedule
- Schedule Schedule
- Schedule 5FORM OF APPOINTMENT OF PRIVATE WATER BAILIFF
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Schedule 5A: RENEWAL OF APPOINTMENTS OF PRIVATE WATER BAILIFFS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Schedule 6PROVISIONS TO WHICH SECTIONS 182(b) AND 183(b) APPLY
- Schedule Schedule
- Schedule Schedule