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Foyle Fisheries Act (Northern Ireland) 1952

1952 c. 5 (N.I.) · Enacted 25 March 1952 · 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 October 2016.

See the changes not yet applied
ProvisionChangeMade by
s. 2(1)words insertedThe Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 Sch. 2 para. 1(1)
s. 13(1)(k)words insertedThe Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 Sch. 2 para. 1(3)

F1C1An Act to authorise the making of a certain agreement with respect to fishing rights in the tidal waters of the Lough and River Foyle and its tributaries, to provide for the management, conservation, protection and improvement of the fisheries in the Foyle Area, to establish a Foyle Fisheries Commission and to define its functions, to dissolve the board of conservators for the Londonderry district, and to provide for other matters (including the charging of fees on certain fishing licences) connected with the matters aforesaid.

[25th March 1952]

Annotations to the whole text

Textual amendments

F1

Ext. (hovercraft), SI 1972/971

Modifications

C1

Act: any reference to the Royal Ulster Constabulary shall be construed as a reference to the Police Service of Northern Ireland by virtue of Police (Northern Ireland) Act 2000 (c. 32), s. 78

Contents

  1. IPRELIMINARY AND GENERAL
  2. 1Short title.
  3. 2Interpretation.
  4. 3The Foyle Area.
  5. 6Deposit of copies of orders and regulations.
  6. Part II: ACQUISITION OF FOYLE FISHERY RIGHTS
  7. 8Power to acquire fishing rights, etc.
  8. 9Exemption from stamp duties.
  9. Part III: THE FOYLE FISHERIES COMMISSION
  10. 10Section 10
  11. Constitution and Functions
  12. 11Establishment of Foyle Fisheries Commission.
  13. 12Exemption from rates and taxes.
  14. 13Regulations.
  15. 14Restrictions on number of licences.
  16. 14AAcquisition and development of waters for angling
  17. 14BPermits to fish in Commission's waters
  18. Dissolution of Londonderry Board
  19. 19Dissolution of Londonderry Board.
  20. Part
  21. VTIMES OF FISHING AND ANCILLARY PROVISIONS
  22. 27Close seasons and close time.
  23. 28Fishing during close seasons.
  24. 29Fishing during close time.
  25. 30Obstruction of salmon and trout.
  26. 31Removal of fixed engines during close season and close time.
  27. 32Removal of nets from banks of rivers during close season.
  28. 33Use of nets during close season or close time.
  29. 34Prohibition of sale, etc., of salmon and trout unlawfully captured.
  30. Part VI: PROTECTION OF FISHERIES
  31. Unlicensed fishing, etc.
  32. 35AProhibition of unlicensed fishing
  33. 35BExceptions, defences, etc. in relation to offences under section 35A
  34. Chapter: Regulations as to Nets
  35. 36Restrictions on use of nets.
  36. 37Mesh of nets for the taking of salmon in the sea and tideways.
  37. 38Use of salmon nets near mouths of rivers.
  38. 39Restriction on possession of unlawful net, etc.
  39. Chapter: Prohibition of Certain Methods of Fishing for, and of Practices Liable to Destroy, Salmon and Other Fish
  40. 40Penalty for use or possession of deleterious matter.
  41. 41Penalty for pollution.
  42. 42Penalty for using, etc., certain devices for taking fish.
  43. 43Fishing for salmon or trout in a river by cross lines.
  44. 44Damming, etc., river or mill race for purpose of taking salmon or trout.
  45. 45Taking fish unlawfully killed or found dead.
  46. Chapter: Protection of Young and Breeding Fish
  47. 46Taking, etc., spawn, smolts or fry of salmon or trout.
  48. 47Disturbing fish on spawning beds.
  49. 48Penalties for taking, buying, etc., unseasonable salmon or trout.
  50. Chapter: Miscellaneous Offences
  51. 49Obstructing persons lawfully fishing.
  52. 50Placing fishing engine with intent to prevent fish entering nets lawfully set.
  53. 51Giving warning to persons unlawfully fishing.
  54. 51AUse of boat or vehicle as aid to commission of offence.
  55. Chapter: Agents for Fishery Owners
  56. 52Appointment
  57. Part VIA: AQUACULTURE
  58. Aquaculture licences
  59. 52AAquaculture licences Not yet in force
  60. 52BApplications for aquaculture licences
  61. 52CDetermination of applications for aquaculture licences
  62. 52DForm and conditions of aquaculture licences Not yet in force
  63. 52EDuration of aquaculture licences Not yet in force
  64. 52FEffect of aquaculture licence Not yet in force
  65. 52GVariation of aquaculture licences by Commission
  66. 52HVariation of aquaculture licences: applications by holder of licence
  67. 52IRevocation of aquaculture licences Not yet in force
  68. 52JSurrender of aquaculture licences Not yet in force
  69. 52KVesting of aquaculture licences on death or bankruptcy of holder Not yet in force
  70. 52LTransfer, etc. of aquaculture licences Not yet in force
  71. 52MRegister of aquaculture licences
  72. 52NFees in respect of applications for aquaculture licences, etc.
  73. Foyle and Carlingford Aquaculture Licensing Appeals Board
  74. 52OFoyle and Carlingford Aquaculture Licensing Appeals Board
  75. 52PAppeals from decisions with respect to aquaculture licences
  76. 52QReasons to be given for decisions Not yet in force
  77. Miscellaneous
  78. 52RRecapture of escaped stock Not yet in force
  79. 52SOffences of making false or misleading statements or false entries Not yet in force
  80. 52TInquiries and inspections Not yet in force
  81. 52URegulations
  82. 52VTransitional provision – existing licences in the Foyle and Carlingford Areas Not yet in force
  83. 52WTransitional provision – applications, etc. for certain licences in the Foyle Area and the Carlingford Area Not yet in force
  84. 52XInterpretation
  85. Part VII: POWERS OF AUTHORISED PERSONS
  86. 53Definitions.
  87. 54Appointment of inspectors and river watchers.
  88. 55Appointment of river watchers by persons interested in fisheries.
  89. 55ADuration of appointment of river watchers
  90. 55BRenewal of appointment as river watcher
  91. 56Limitations on exercise of powers.
  92. 57Warrant for exercise of powers.
  93. 58General powers.
  94. 59Power of lay magistrate to grant warrant to enter certain premises.
  95. 60Boarding and examination of fishing vessels.
  96. 61Apprehension of offenders.
  97. 62Powers in relation to fishing engines, etc.
  98. 63Powers of inspection, examination, and detention.
  99. 64Procedure for disposal of boat or fishing engine seized.
  100. 65Protection of authorised persons.
  101. 66Penalty for assaulting or obstructing authorised persons.
  102. Part VIII: LEGAL PROCEEDINGS
  103. 67Application of penal provisions of Act.
  104. 68Penalties for offences.
  105. 69Saving for acts done for artificial propagation, scientific purposes or improvement of fisheries.
  106. 70Residence of body corporate.
  107. 71Offences by bodies corporate.
  108. 72Trial of offences.
  109. 73Evidence of mouths of rivers, boundaries between tidal and freshwater portions of rivers, points of mouths of rivers to or from which distances are to be measured.
  110. 74Forfeiture of licences.
  111. 75Forfeiture of boats, fishing engines, etc., as statutory consequence of conviction.
  112. 76Non-obligation of Court to pronounce or record forfeiture. Repealed
  113. 77Disposal of fines.
  114. 78Disposal of forfeitures.
  115. 79Proof of regulations, bye-laws, etc.
  116. 80Inquiries.
  117. 81Powers in relation to inquiry.
  118. 82Calculation of time periods
  119. Schedule
  120. Paragraph
  121. Schedule SECOND
  122. Paragraph
  123. Schedule THIRD: THE FOYLE, CARLINGFORD AND IRISH LIGHTS COMMISSION
  124. Paragraph
  125. 2Particular powers of the Commission.
  126. 3Special powers during transitional period.
  127. Paragraph
  128. 15Power to acquire and dispose of land.
  129. Paragraph
  130. Schedule 3A: FOYLE AND CARLINGFORD AQUACULTURE LICENSING APPEALS BOARD Not yet in force
  131. Part: Incorporation Not yet in force
  132. 1Paragraph 1 Not yet in force
  133. Part: Membership Not yet in force
  134. 2Paragraph 2 Not yet in force
  135. Part: Staffing Not yet in force
  136. 3Paragraph 3 Not yet in force
  137. Part: Procedure Not yet in force
  138. 4Paragraph 4 Not yet in force
  139. 5Paragraph 5 Not yet in force
  140. Part: Code of conduct Not yet in force
  141. 6Paragraph 6 Not yet in force
  142. Part: Accounts Not yet in force
  143. 7Paragraph 7 Not yet in force
  144. Part: Annual report Not yet in force
  145. 8Paragraph 8 Not yet in force
  146. Part: Interpretation Not yet in force
  147. 9Paragraph 9 Not yet in force
  148. Schedule 3B: PROCEDURE IN RELATION TO APPEALS Not yet in force
  149. Part: Notice of appeal Not yet in force
  150. 1Paragraph 1 Not yet in force
  151. 2Paragraph 2 Not yet in force
  152. 3Paragraph 3 Not yet in force
  153. 4Paragraph 4 Not yet in force
  154. Part: Withdrawal of appeal Not yet in force
  155. 5Paragraph 5 Not yet in force
  156. Part: Response to notice of appeal Not yet in force
  157. 6Paragraph 6 Not yet in force
  158. 7Paragraph 7 Not yet in force
  159. 8Paragraph 8 Not yet in force
  160. 9Paragraph 9 Not yet in force
  161. 10Paragraph 10 Not yet in force
  162. 11Paragraph 11 Not yet in force
  163. Part: Consolidation, location and conduct of proceedings Not yet in force
  164. 12Paragraph 12 Not yet in force
  165. 13Paragraph 13 Not yet in force
  166. Part: Directions and witnesses Not yet in force
  167. 14Paragraph 14 Not yet in force
  168. 15Paragraph 15 Not yet in force
  169. 16Paragraph 16 Not yet in force
  170. Part: Oral hearing to be in public Not yet in force
  171. 17Paragraph 17 Not yet in force
  172. Part: Decision of the Board Not yet in force
  173. 18Paragraph 18 Not yet in force
  174. Schedule Schedule
  175. Schedule FIFTH: FORM OF APPOINTMENT OF RIVER WATCHER UNDER SECTION 55
  176. Paragraph
  177. Paragraph
  178. Paragraph
  179. Paragraph
  180. Paragraph
  181. Paragraph
  182. Paragraph
  183. Paragraph
  184. Paragraph
  185. Paragraph
  186. Paragraph