OpenLegislation

Foyle Area and Carlingford Area (Angling) Regulations 2001

S.R. 2001/158 · Made 6 April 2001 · Extends to Northern Ireland

Not fully up to date. 42 changes made by later legislation have not yet been written into this text, which is revised to 6 April 2001.

See the changes not yet applied
ProvisionChangeMade by
Sch. 2coming into forceFoyle Area and Carlingford Area (Angling) 2001 reg. 1
Sch. 3coming into forceFoyle Area and Carlingford Area (Angling) 2001 reg. 1
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Sch. 1coming into forceFoyle Area and Carlingford Area (Angling) 2001 reg. 1
reg. 2words insertedFoyle Area and Carlingford Area (Angling) 2004 reg. 3(b)
reg. 2words omittedFoyle Area and Carlingford Area (Angling) 2004 reg. 3(a)
reg. 7substitutedFoyle Area and Carlingford Area (Angling) 2004 reg. 6
reg. 5(4)addedFoyle Area and Carlingford Area (Angling) 2004 reg. 5
reg. 4(2)words omittedFoyle Area and Carlingford Area (Angling) 2004 reg. 4
reg. 2word omittedFoyle Area and Carlingford Area (Angling) 2004 reg. 3(b)
reg. 2words insertedFoyle Area and Carlingford Area (Angling) 2007 reg. 3(1)(e)
reg. 2words insertedFoyle Area and Carlingford Area (Angling) 2007 reg. 3(1)(b)
reg. 2words insertedFoyle Area and Carlingford Area (Angling) 2007 reg. 3(1)(c)
reg. 2words insertedFoyle Area and Carlingford Area (Angling) 2007 reg. 3(1)(d)
reg. 2words insertedFoyle Area and Carlingford Area (Angling) 2007 reg. 3(1)(a)
reg. 2words omittedFoyle Area and Carlingford Area (Angling) 2007 reg. 3(2)
reg. 7substitutedFoyle Area and Carlingford Area (Angling) 2007 reg. 4
reg. 9insertedFoyle Area and Carlingford Area (Angling) 2007 reg. 5
Sch. 2substitutedFoyle Area and Carlingford Area (Angling) 2008 reg. 4 Sch.
reg. 4(1)words addedFoyle Area and Carlingford Area (Angling) 2008 reg. 3
Sch. 2substitutedFoyle Area and Carlingford Area (Angling) 2009 reg. 2(3) Sch.
reg. 4(1)substitutedFoyle Area and Carlingford Area (Angling) 2009 reg. 2(2)
reg. 7(2)words insertedFoyle Area and Carlingford Area (Angling) 2010 reg. 2(5)
Sch. 2AinsertedFoyle Area and Carlingford Area (Angling) 2010 reg. 2(6) Sch.
reg. 2words insertedFoyle Area and Carlingford Area (Angling) 2010 reg. 2(2)
reg. 4(1A)insertedFoyle Area and Carlingford Area (Angling) 2010 reg. 2(3)(a)
reg. 4(5)addedFoyle Area and Carlingford Area (Angling) 2010 reg. 2(3)(b)
reg. 5(5)addedFoyle Area and Carlingford Area (Angling) 2010 reg. 2(4)
Sch. 1substitutedFoyle Area and Carlingford Area (Angling) 2012 reg. 2(6) Sch
Sch. 2AsubstitutedFoyle Area and Carlingford Area (Angling) 2012 reg. 2(7) Sch. 2
reg. 7(1)(g)addedFoyle Area and Carlingford Area (Angling) 2012 reg. 2(5)(a)
reg. 6addedFoyle Area and Carlingford Area (Angling) 2012 reg. 2(4)
reg. 4words substitutedFoyle Area and Carlingford Area (Angling) 2012 reg. 2(3)
reg. 2words insertedFoyle Area and Carlingford Area (Angling) 2012 reg. 2(2)
reg. 7(3)words substitutedFoyle Area and Carlingford Area (Angling) 2012 reg. 2(5)(b)

FISHERIES

Made 6th April 2001

Coming into operation 14th May 2001

The Foyle, Carlingford and Irish Lights Commission, in exercise of its powers under section 13(1) (amended by section 34(3) of the British-Irish Agreement Act 1999f1) of the Foyle Fisheries Act 1952 which stand transferred to it under section 34(1) of the British-Irish Agreement Act 1999, and in exercise of the powers conferred by section 13(1) of the Foyle Fisheries Act (Northern Ireland) 1952f2 and now vested in itf3 and of every other power enabling it in that behalf, with the approval of the North/South Ministerial Council, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

Legislation of the Republic of Ireland

f2

1952 c. 5 (N.I.) as ended by S.I. 1999/859

f3

By S.I. 1999/859 Article 21(1)

Contents

  1. 1Citation and commencement Not yet in force
  2. 2Interpretation Not yet in force
  3. 3Methods of angling Not yet in force
  4. 4Prohibitions and restrictions Not yet in force
  5. 5Restrictions on bait Not yet in force
  6. 6Restrictions on use of boats Not yet in force
  7. 7Restrictions on number and size Not yet in force
  8. 8Revocation Not yet in force
  9. Signature
  10. Schedule 1Schedule 1 Not yet in force
  11. Schedule 2Schedule 2 Not yet in force
  12. Schedule 3Description of Waters Not yet in force
  13. Explanatory note

1Citation and commencementI1

These Regulations may be cited as the Foyle Area and Carlingford Area (Angling) Regulations 2001 and shall come into operation on 14th May 2001.

2InterpretationI1

In these Regulations—

  • “angling” means the angling for, taking or killing of fish by rod and line;

  • “angling for coarse fish” means the use of a single rod, reel (including a fixed spool reel) line and hook to take fish other than salmonids where the length of the line to which the hook is attached has a breaking strain of less than 2.0 kg and the gape of the hook does not exceed 4 mm;

  • “ bait fishing” means angling with rod and line and one single hook baited with one or more earthworms;

  • “coarse fish” means any fish other than salmon, trout or rainbow trout;

  • “earthworm” means any worm of the Family Lumbricidae;

  • “fly fishing” means the use of a single rod, reel, fly line or blow line and a single cast carrying not more than 3 artificial or winged natural flies;

  • “foul hook” means the hooking of fish in any part of the body other than in the mouth;

  • “gape” in relation to a fishing hook means the distance when the hook is normally aligned between the point of the hook and the shank of the hook;

  • “ground bait” means any material used other than on a hook for the purpose of attracting fish whilst angling;

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

  • “length” in relation to fish means the measurement from the tip of the snout to the fork or cleft of the tail;

  • “maggots” means any larvae of the Order Diptera including the housefly of the Family Muscidae, and the blue bottle or blow fly of the Family Calliphoridae;

  • “night fishing” means fishing between one hour after sunset and one hour before sunrise;

  • “prawns” means those members of the Class Crustacea commonly known as prawns (whether fresh or preserved, dyed or natural colour) and any part thereof;

  • “salmonids” means a fish of the Family Salmonidae, including salmon, sea trout, rainbow trout and brown trout;

  • “shrimps” means those members of the Class Crustacea commonly known as shrimps (whether fresh or preserved, dyed or natural colour) and any part thereof;

  • “snatch” means to foul hook any fish deliberately; and

  • “spinning” means the use of a single rod, reel (including a fixed spool reel) and line designed to cast or throw an artificial or natural bait and retrieve the bait by rewinding the line onto the drum of the reel with the bait kept in motion throughout.

3Methods of anglingI1

Subject to regulation 4(2) a person shall not in any waters specified in column (1) of Schedule 1 angle for fish except by a method specified in column (2) of that Schedule opposite the reference to those waters.

4Prohibitions and restrictionsI1

(1)

A person shall not angle for fish in any waters of the River Roe, the River Faughan, the River Mourne described in Schedule 2.

(2)

A person shall not in any waters in the Foyle Area or the Carlingford Area use any type of float, or a similar device, designed to suspend a bait or lure in water other than—

(a)

while angling for coarse fish; or

(b)

in conjunction with a single artificial fly while angling for salmonids.

(3)

A person shall not in any waters of the Foyle Area or the Carlingford Area snatch or attempt to snatch salmon with any kind of hook or combination of hooks whether or not covered in part or in whole with any matter or thing and whether or not used with a rod and line.

5Restrictions on baitI1

(1)

A person shall not use prawns or shrimps as a bait while angling in any waters in the Foyle Area or the Carlingford Area.

(2)

A person shall not use any matter of vegetable origin or maggots or earthworms as a bait while spinning in any waters of the Foyle Area or the Carlingford Area.

(3)

A person shall not use ground bait—

(a)

while angling for any fish in the waters described in column (1) of Schedule 1;

(b)

while angling for fish other than coarse fish in the waters described in Schedule 3.

6Restrictions on use of boatsI1

(1)

A person shall not use a boat for the purpose of angling on Lough Ash, Lough Bradan, Lough Lee in County Tyrone or on the waters of Binevenagh Dam in County Londonderry.

(2)

A person shall not use a mechanically propelled boat for the purpose of angling on Moorlough in County Tyrone.

7Restrictions on number and sizeI1

(1)

A person shall not take by rod and line and retain—

(a)

a salmonid of a length less than 25.4 cm;

(b)

more than 4 salmonids on any one day.

(2)

Where a person takes by rod and line any salmonid of less than the minimum length specified in paragraph (1)(a) or a salmonid in excess of the maximum number specified in paragraph (1)(b) he shall return the salmonid to the water without avoidable injury.

8RevocationI1

The Foyle Area (Angling) Regulations 1999f1 are hereby revoked.

Signature

Given under the Seal of the Foyle, Carlingford and Irish Lights Commission on 6th April 2001.

L.S.

R. J. D. Anderson

Chief Executive of the Loughs Agency

Approved by the North/South Ministerial Council on 6th April 2001.

T. P. O'Connor

Joint Secretary of the North/South Ministerial Council

D. MacKenzie

Joint Secretary of the North/South Ministerial Council

being persons authorised by the North/South Ministerial Council to signify approval on its behalf.

Schedule 1I1

Description of WatersMethods of Angling Permitted
1. Lough Ash, Lough Bradan, Lough Lee and Moorlough all in County Tyrone and Binevenagh Dam in County Londonderry.From the shore fly fishing, spinning and bait fishing and from boats on Moorlough fly fishing only.
2. River Mourne, County Tyrone (except that area mentioned in Schedule 2 where angling is prohibited),—
  1. (1)

    Victoria Bridge stretch being the west bank of the River Mourne from the road bridge at Victoria Bridge to the railway bridge known as Camus Railway Bridge in the townland of Seein;

Fly fishing, spinning and bait fishing.
  1. (2)

    Sion Mills stretch being the east bank of the River Mourne extending from the footbridge at the boundary between the townland of Carrigullin and Bearney Glebe to the boundary between the townlands of Carrigullin and Stragullin and the west bank extending from the weir at Sion Mills in the townland of Liggartown to the boundary between the townlands of Ballyfatten and Strabane Union.

Fly fishing, spinning and bait fishing.
3. River Roe and tributaries and River Faughan and tributaries (except those areas mentioned in Schedule 2 where angling is prohibited and the area mentioned in paragraph 4).

Fly fishing where the breaking strain of the cast shall not exceed 3·7 kg for night fishing and 6·9 kg for fishing at other times and where no more than two single dressed fly hooks of normal weight spaced at least 0·61 m apart are used for night fishing.

Bait fishing where the gape of the hook does not exceed 9 mm, the breaking strain of the line does not exceed 4·6 kg and the maximum length of the rod does not exceed 2·75 m, provided that this method is not used for night fishing.

Spinning where the gape of the hook does not exceed 7 mm, the breaking strain of the line does not exceed 4·6 kg and the maximum length of the rod does not exceed 2·75 m provided that this method is not used for night fishing.

4. River Roe from and within 280.0 metres upstream of Largy Bridge in the townlands of Largy and Ardgarvan, County Londonderry.

Fly fishing where the breaking strain of the cast shall not exceed 3·7 kg for night fishing and 6·9 kg for fishing at other times and where no more than two single dressed fly hooks of normal weight spaced at least 0·61 m apart are used for night fishing

Bait fishing where the gape of the hook does not exceed 9 mm, the breaking strain of the line does not exceed 4·6 kg and the maximum length of the rod does not exceed 2·75 m, provided that this method is not used for night fishing.

Schedule 2I1

FisheryAreas where Angling is Prohibited
River Roe
  1. (1)

    Downstream of the weir known as O'Cahan’s Rock in the townland of Deerpark, County Londonderry for 45·8 metres.

  2. (2)

    Downstream of the weir known as Givens Weir in the townland of Terrydremond, County Londonderry for 45·8 metres.

River Faughan
  1. (1)

    Downstream of the weir known as Ballyarton Weir in the townland of Lettermuck. County Londonderry for 91·5 metres.

  2. (2)

    Downstream of the weir known as Bleachgreen Weir in the townland of Ardmore, County Londonderry for 91·5 metres, measured from an imaginary straight line drawn at right angles to the course of the river through right or eastern bank extremity of the weir.

  3. (3)

    Downstream of the Department for Regional Development’s barrage in the townland of Campsie, County Londonderry for 54·9 metres on the left or western side and for 123·5 metres on the right or eastern side of the river.

River MourneDownstream of the weir at Sion Mills Weir in the townlands of Camus and Liggartown, County Tyrone to the boundary between the townlands of Camus and Bearney Glebe except that on the left or western side of the river angling may not take place from and within 64·0 metres downstream of the said weir.

Schedule 3Description of WatersI1

All waters in the Foyle Area and the Carlingford Area except those listed in Schedules 1 and 2

Explanatory note

(This note is not part of the Regulations.)

These Regulations revoke and replace the Foyle Area (Angling) Regulations 1999. Regulation 3 specifies the methods of angling which are permitted in certain waters in the Foyle Area. Regulation 4(1) and Schedule 2 specify stretches of certain rivers where angling by any method is prohibited, regulation 4(2) restricts the use of floats and regulation 4(3) prohibits the foul hooking of any salmon.

Regulation 5—

(a)

prohibits the use of prawns or shrimps as bait;

(b)

prohibits the use of certain vegetable based bait, maggots or worms while spinning; and

(c)

restricts the use of ground bait.

Regulation 6 restricts the use of boats for angling on certain waters. Regulation 7 restricts the number and length of fish which may be retained in any one day.

The Regulations lift the prohibition on angling on the River Foyle between Islandmore in County Donegal and Magheramason in County Tyrone.