The Foyle and Carlingford Fisheries (Northern Ireland) Order 2007

PART III N.I.MISCELLANEOUS AMENDMENTS OF THE FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952

DefinitionsN.I.

4.  In section 2 of the 1952 Act (interpretation)—

(a)in subsection (1)—

(i)for the definition of “river” there shall be substituted—

““river” includes a branch of a river and any stream, lake, estuary or watercourse;”;

(ii)for the definition of “waters” there shall be substituted—

““waters” includes any river or part of the sea;”;

(iii)at the appropriate place in alphabetical order there shall be inserted the following definition—

““several fishery” means any fishery lawfully possessed and enjoyed as such under any title whatsoever, being a good and valid title at law, exclusively of the public by any person or persons whether in navigable waters or in waters not navigable, and whether the soil covered by such waters is vested in such person or persons or in any other person;”;

(b)for subsection (2) there shall be substituted—

“(2) In this Act, except in Part VIA, “fish” (when used without any qualification) includes—

(a)freshwater fish of any kind;

(b)salmon and other fish or a kind that migrates to and from the sea;

(c)sea bass and tope;

(d)eels and elvers;

(e)mussels;

(f)oysters;

(g)the spawn, fry, brood and spat of any kind of fish mentioned in paragraphs (a) to (f);

(h)any part of any kind of fish mentioned in paragraphs (a) to (g).

(3) In subsection (2)(a), “freshwater fish” means any fish living in fresh water, other than a kind of fish that migrates to and from the sea.

(4) In this Act any reference to a river includes a reference to the channel or bed of a river which is for the time being dry.”.

Functions of the CommissionN.I.

5.—(1) In section 11 of the 1952 Act (constitution and functions of the Commission)—

(a)in subsection (2), after paragraph (b) there shall be added—

“and

(c)such other functions as are conferred on the Commission by or under this Act or any other statutory provision.”;

(b)after subsection (2) there shall be inserted—

(2A) Without prejudice to the generality of subsection (2), the Commission may, for the purposes of its functions under that subsection—

(a)provide education or training courses or facilities for training or instruction;

(b)co-operate with other bodies having functions similar to those of the Commission;

(c)carry out such research as it considers necessary;

(d)make charges for facilities, amenities and services provided by the Commission.”.

(2) In the Third Schedule to the 1952 Act, in paragraph 2(1) (as renumbered by Article 29 of this Order) in head (c) the words “for the government, management, maintenance or improvement of the fisheries of the Foyle Area or the Carlingford Area” shall cease to have effect.

Regulation of fishingN.I.

6.—(1) In section 13 of the 1952 Act (regulations)—

(a)in subsection (1), after paragraph (g) there shall be inserted—

“(gg)the regulation or prohibition of the sale of any species of fish caught by rod and line;”;

(b)in subsection (2), after “licence” there shall be inserted “ , tag ”;

(c)for subsections (3) to (5) there shall be substituted—

“(2A) Regulations made by virtue of subsection (2) may—

(a)provide for charging concessionary fees in such cases as may be prescribed;

(b)provide for exemption from payment of the prescribed fees in such cases as may be prescribed.

(2B) Regulations made by the Commission under this section may—

(a)require tags issued by the Commission to be attached to the carcasses of fish;

(b)require applications for fishing licences to be accompanied by a photograph of the applicant and particulars of the applicant's date of birth;

(c)prescribe the form of, and conditions attaching to, fishing licences issued by the Commission;

(d)provide that a fishing licence to fish with rod and line or hand line shall not be transferable; and

(e)regulate the transfer of other fishing licences.

(3) As soon as practicable after it makes any regulations under this section the Commission shall publish in at least two newspapers circulating in the Foyle Area and the Carlingford Area a notice—

(a)stating that the regulations have been made and giving a general description of their content; and

(b)specifying a place at which, and the hours between which, a copy of the regulations may be inspected.

(4) Regulations made by the Commission under this section may contain such supplementary, incidental and transitional provisions as the Commission thinks necessary or appropriate.

(5) The Department shall cause regulations made under this section to be laid before the Assembly as soon as may be after they are made, and regulations under this section shall be subject to negative resolution.”;

(d)subsections (5A) and (5B) shall cease to have effect.

(2) In section 34 of the 1952 Act, subsection (4) shall cease to have effect.

Restrictions on number of licencesN.I.

7.  For section 14 of the 1952 Act (restriction on number of licences) there shall be substituted—

“14.    Restrictions on number of licences

(1) The number of fishing licences which may be issued by the Commission in any year for fishing with fishing engines of any kind (other than rod and line) in—

(a)the tidal waters of the Foyle Area; or

(b)the tidal waters of Carlingford Area;

(c)any prescribed part of those waters,

shall not exceed such number as may be prescribed in relation to those waters or that part.

(2) If the number of applications duly made for fishing licences in any year exceeds the maximum number prescribed by virtue of this section, the fishing licences shall be allocated in such manner as may be prescribed.”.

Acquisition and development of waters for anglingN.I.

8.  After section 14 of the 1952 Act there shall be inserted—

“14A.    Acquisition and development of waters for angling

(1) The Commission may, for the purpose of developing or improving facilities for angling, acquire by agreement—

(a)fishing rights in any waters in the Foyle Area or the Carlingford Area;

(b)any estate in land by virtue of which such rights are exercisable;

(c)any estate in any other land which the Commission is satisfied it is expedient to acquire for the safeguarding or the full enjoyment or exploitation of those rights.

(2) Where fishing rights in respect of any waters have been acquired by the Commission under subsection (1)(a), the Commission may do all such things as are necessary or expedient—

(a)for the proper development of those waters, and of any land acquired under subsection (1)(b) or (c), for angling; or

(b)for the provision of facilities or amenities for persons authorised by the Commission to enter such land.”.

Permits to fish in Commission's watersN.I.

9.  After section 14A of the 1952 Act, as inserted by Article 8 of this Order, there shall be inserted—

“14B.    Permits to fish in Commission's waters

(1) Where the Commission owns or manages the fishing rights in any waters—

(a)the Commission may issue permits, or make arrangements for their issue through agents, authorising the holder of such a permit to use a rod and line in the waters to which the permit relates; and

(b)may, subject to subsection (2), charge for the issue of such permits such sums as may be prescribed.

(2) The Commission may under subsection (1)(a) issue complimentary permits to such persons as may be prescribed in such circumstances as may be prescribed and nothing in this Act shall require such persons to make any payment in respect of such a permit.

(3) A permit issued under subsection (1)(a) shall be granted for such period, and subject to such conditions, as may be specified in the permit.

(4) Where a permit is issued under subsection (1)(a) in relation to any waters, any person who—

(a)without obtaining such a permit, uses a rod and line in those waters;

(b)contravenes any condition to which a permit is subject;

(c)uses or, with intent to deceive, presents a permit for any time, date, period, place or purpose other than that for which that permit is valid;

(d)uses or presents, as being a permit of which he is the holder, a permit issued in the name of any other person; or

(e)uses or presents a permit that has been to his knowledge either in any manner altered (otherwise than by a person duly authorised by the Commission) or fraudulently counterfeited,

shall be guilty of an offence against this Act.”.

Close seasons and timesN.I.

10.—(1) In section 27 of the 1952 Act (times of fishing) at the end there shall be added—

“(5) Different periods may be prescribed under this section in respect of different kinds of fish and, where a period is so prescribed for a particular kind of fish, references in this Act to the annual close season, the annual close season for angling or the weekly close time shall, as the case may require, be construed in relation to that kind of fish as references to the period so prescribed.

(6) Regulations may provide that this section and sections 28 and 29 shall not apply to fish of a prescribed kind.”.

(2) In sections 28 (close seasons) and 29 (close times) after the words “salmon or trout” wherever those words occur there shall be inserted the words “ or any other fish of a kind prescribed for the purposes of this section ”.

(3) In section 33 (use of nets during close season or close time) for the words “annual close season or weekly close time” there shall be substituted the words “ annual close season for salmon or trout or weekly close time for salmon or trout ”.

Unlicensed fishing, etc.N.I.

11.  At the beginning of Part VI of the 1952 Act there shall be inserted—

“Unlicensed fishing, etc.N.I.

Prohibition of unlicensed fishing

35A.—(1) A person shall not fish for, take or kill salmon or such other kind of fish as may be prescribed for the purposes of this section except—

(a)under the authority of a fishing licence; and

(b)in accordance with the terms and conditions of that licence and of any regulations relating to it.

(2) A person shall not have in his possession in or near any fishing place any fishing engine for the taking or killing of salmon or such other kind of fish as may be prescribed for the purposes of this section, which is erected or in fishing order, unless there is in force a fishing licence by virtue of which he is authorised to use that fishing engine at that place.

(3) A person who acts, or causes or permits another person to act, in contravention of subsection (1) or (2) shall be guilty of an offence against this Act.

(4) If any person using at any place a fishing engine for which a fishing licence is required under this Act, or having such a fishing engine erected or in fishing order in his possession in or near any fishing place, fails on demand to produce to an authorised person a fishing licence by virtue of which he is authorised to use that fishing engine at that place, he shall be guilty of an offence against this Act.

(5) A person guilty of an offence under subsection (3) or (4) by reason of a contravention of subsection (1), (2) or (4) which consists only of the use or possession of a rod and line or hand line shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(6) A person who—

(a)uses or, with intent to deceive, presents a fishing licence for any time, date, period, place or purpose other than that for which that licence is valid; or

(b)uses or presents, as being a fishing licence of which he is the holder, a fishing licence issued in the name of any other person; or

(c)uses or presents a fishing licence that has been to his knowledge either in any manner altered (otherwise than by a person duly authorised by the Commission) or fraudulently counterfeited;

shall be guilty of an offence against this Act.

(7) In charging an offence under this section by reason of a contravention of subsection (1) it shall be sufficient—

(a)where the contravention consists only of the use or possession of a rod and line or hand line, to describe the offence as “unlicensed angling contrary to section 35A of the Foyle Fisheries Act (Northern Ireland) 1952”; and

(b)in any other case, to describe the offence as “fishing by unlicensed means contrary to section 35A of the Foyle Fisheries Act (Northern Ireland) 1952”.

(8) In this section and in section 35B “fishing licence” means—

(a)a licence issued by the Commission under regulations made by the Commission under this Act; or

(b)a licence corresponding to a licence mentioned in paragraph (a) and issued by a body approved for the purposes of this paragraph by NSMC.

(9) In relation to a fishing licence issued by a body other than the Commission, the reference to regulations in subsection (1)(b) shall be construed as a reference to regulations or byelaws relating to that licence.

(10) This section is subject to section 35B.

Exceptions, defences, etc. in relation to offences under section 35A

35B.—(1) Subsections (1) and (2) of section 35A do not apply in relation to anything which a person is expressly empowered to do under any provision made by or under this Act or any other statutory provision.

(2) Nothing in section 35A applies to a person—

(a)who fishes lawfully by rod and line in a production pond at a licensed area (within the meaning of section 52X(1)); or

(b)who has for that purpose in his possession a rod or line at or near a licensed area.

(3) In subsection (2) “production pond” means a pond—

(a)used for the artificial propagation and culture of fish; and

(b)designated by the Commission for the purposes of this subsection as a production pond in an aquaculture licence.

(4) Where a person is charged under section 35A with an offence which consists of taking fish which he is not licensed to take, it shall be a good defence for him to prove that—

(a)at the time when that fish was taken, he was engaged in lawfully fishing for another kind of fish; and

(b)that the first-mentioned fish was taken unintentionally and, immediately upon being taken, was returned to the water without any avoidable injury.

(5) Where a person is charged under section 35A with an offence which consists of—

(a)having a fishing engine in his possession as mentioned in subsection (2) of that section; or

(b)a failure to produce a fishing licence for a fishing engine in any of the circumstances referred to in subsection (4) of that section,

it shall be a good defence for him to prove that he had the fishing engine in his possession as manufacturer or seller of the fishing engine and not for the purpose of using it.

(6) A person shall not be charged with an offence under section 35A consisting of failure to produce a fishing licence for a fishing engine in any of the circumstances referred to in subsection (4) of that section if upon demand being made by an authorised person for the production of a fishing licence under that subsection, the first mentioned person—

(a)then and there gives to the authorised person his name and address and any evidence of his identity then available and also gives a reasonable explanation of his failure to produce the fishing licence at that time; and

(b)within 5 days thereafter, and in accordance with any reasonable requirement then communicated to him by the authorised person, produces to the authorised person or to any other person designated by him—

(i)a fishing licence authorising him to use the fishing engine at that place and time; and

(ii)evidence of his identity.”.

MetricationN.I.

12.—(1) In section 37(1) of the 1952 Act (mesh of nets for the taking of salmon)—

(a)for the words “one and three-quarter inches” there shall be substituted the words “ 4.5 centimetres ”;

(b)for the words “seven inches” there shall be substituted the words “ 18 centimetres ”.

(2) In section 38(1) for the words “half a mile” (where they twice occur) there shall be substituted the words “ 805 metres ”.

Use of nets across riversN.I.

13.  In section 38 of the 1952 Act (use of salmon nets near mouths of rivers) for subsection (2) there shall be substituted—

“(2) If a person—

(a)shoots, draws or stretches a net across the mouth or across any other part of a river; and

(b)fails to leave open a channel which is—

(i)at least one-quarter of the width of the mouth of the river or, as the case may be, of that other part of the river, and

(ii)of sufficient depth and width to facilitate the passage of salmon in that river,

he shall be guilty of an offence against this Act.”.

Reinstatement of polluted watersN.I.

14.  In section 41 of the 1952 Act (penalty for pollution)—

(a)in subsection (3)(i) for “restocking to restore the fish population” there shall be substituted “ reinstatement ”;

(b)in subsection (4) for “the Arbitration Act (Northern Ireland) 1937” there shall be substituted “ Part I of the Arbitration Act 1996 ”;

(c)in subsections (4)(a) and (5) for “restocking” there shall be substituted “ reinstatement ”.

Use of certain devices to take fishN.I.

15.—(1) In section 42 of the 1952 Act (penalty for using, etc., certain devices for taking fish) for subsection (1) there shall be substituted—

“(1) If, for the purpose of taking or facilitating the taking of any fish, any person uses or has in his possession or control, in any river or on or near the banks thereof—

(a)any light or fire; or

(b)any electrical or acoustical apparatus of any kind,

he shall be guilty of an offence against this Act.”.

(2) In subsection (3)(a) and (b) of that section the words “gaff or” shall cease to have effect.

(3) After subsection (3) of that section there shall be inserted—

“(3A) If any person throws, releases or discharges any missile or other object into any water for the purpose of taking or killing, or facilitating the taking or killing of, any fish, he shall be guilty of an offence and liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding 6 months, or to both;

(b)on conviction on indictment, to a fine or to imprisonment for a term not exceeding 2 years, or to both.”.

(4) At the end of that section there shall be added—

“(5) In this section—

“gaff” means a hooked instrument (with or without a barb) used to penetrate the gills or body of a fish; and

“otter” means an otter lath or jack, and includes any instrument, whether used with a handline, or as an auxiliary to a rod and line, or otherwise for the purpose of running out lures, artificial or otherwise.”.

Fishing by cross linesN.I.

16.  Section 43 of the 1952 Act (fishing for salmon or trout by cross lines) shall be renumbered as subsection (1) of that section and after that subsection there shall be added—

“(2) In subsection (1) “cross lines” means fishing lines—

(a)reaching from one position to another across water and fixed or held at each of their ends; and

(b)having attached to them one or more baited hooks or lures, artificial or otherwise.”.

Taking fish unlawfully killed or found deadN.I.

17.  In section 45 of the 1952 Act (taking fish unlawfully killed or found dead)—

(a)in subsection (2)—

(i)in paragraph (d) for “sanitary officer” there shall be substituted “ person acting under the authority of a district council ”;

(ii)at the end there shall be added—

“or

(e)a private river watcher appointed to protect the waters in question.”;

(b)after subsection (2) there shall be added—

“(3) Where a person mentioned in subsection (2)(a), (c), (d) or (e) removes fish from a river as mentioned in subsection (1) or causes fish to be so removed, he shall inform the Commission of that fact as soon as is practicable.”.

Taking, etc., spawn, smolts or fry of salmon or troutN.I.

18.  Section 46 of the 1952 Act (taking, etc., spawn, smolts or fry of salmon or trout) shall be renumbered as subsection (1) of that section and after that subsection there shall be added—

“(2) It shall be a defence for a person charged with an offence under subsection (1)(a) in relation to the spawn of any salmon or trout to prove—

(a)that the spawn had been produced at a—

(i)fish farm (as defined in the Fisheries Act (Northern Ireland) 1966); or

(ii)a licensed area (within the meaning of section 52X(1)); or

(b)that he believed on reasonable grounds that it had been so produced.

(3) If any person removes any material from the bed of the freshwater portion of any river in the Londonderry Area or the Newry Area—

(a)without the consent of the Commission under subsection (4); or

(b)otherwise than in accordance with the conditions of a consent granted by the Commission under subsection (4),

he shall be guilty of an offence against this Act.

(4) The Commission may, on the application of any person, grant its consent to the removal of material from the bed of the freshwater portion of a river on such conditions as it thinks fit.

(5) Where the Commission—

(a)on an application for a consent under subsection (4), has refused a consent; or

(b)in giving a consent under subsection (4), has given that consent subject to conditions,

the person who applied for the consent may appeal to the Water Appeals Commission for Northern Ireland against the decision within 28 days from the day on which notice of the decision was given to that person.

(6) In relation to the jurisdiction of the Water Appeals Commission for Northern Ireland under this section, Article 293 of the Water and Sewerage Services (Northern Ireland) Order 2006 shall have effect as if, in paragraphs (6) to (8) of that Article, references to the relevant Department were references to the Foyle, Carlingford and Irish Lights Commission.

(7) A consent under subsection (4) does not confer on any person a right to remove material from the bed of a river which (apart from this section) he would not otherwise have.

(8) Nothing done under and in accordance with the conditions of a consent under subsection (4) constitutes an offence under subsection (1) or section 47.”.

Officers of the CommissionN.I.

19.—(1) In section 53 of the 1952 Act (definitions), in the definition of “officer of the Commission”, for “river watcher” there shall be substituted “ fishery officer ”.

(2) In section 54(1)(b) of the 1952 Act (appointment of inspectors and river watchers) for “river watcher” there shall be substituted “ fishery officer ”.

River watchersN.I.

20.—(1) In section 55 of the 1952 Act (appointment of river watchers) for subsections (2) to (4) there shall be substituted—

“(2) A person appointed to be a river watcher shall not act in that capacity until his appointment is confirmed by the appropriate court.

(3) A person may apply to the appropriate court for confirmation of the appointment of a person as a river watcher and Part VII of the Magistrates' Courts (Northern Ireland) Order 1981 shall apply to any such application as if it were an application referred to in Article 76(1)(b) of that Order.

(4) The confirmation of the appointment of a person as a river watcher shall be effected by the resident magistrate endorsing the instrument of appointment.

(5) The appropriate court may, upon complaint made to it, revoke the appointment of a river watcher and thereupon the appointment shall be terminated.

(6) Where a person who has appointed a river watcher revokes that appointment, he shall, within 14 days of the revocation, serve written notice thereof on the clerk of petty sessions.

(7) Where—

(a)the appointment of a person as a river watcher has been confirmed under subsection (4) or revoked under subsection (5); or

(b)notice of the revocation of such an appointment has been received under subsection (6),

the clerk of petty sessions shall notify the Commission of such confirmation or revocation or, as the case may be, such notice, as soon as practicable.

(8) Any person who appoints another person to act as a river watcher shall, not later than 31st January in each year, make a return to the Commission in such form and containing such information as may be prescribed.

(9) The Commission shall maintain a register containing the names and addresses of those who are entitled to act as river watchers and descriptions of the geographical areas in which they are entitled to act.

(10) If any person—

(a)acts as a river watcher without having his appointment confirmed under subsection (4); or

(b)so acts after his appointment has been revoked either by a court under subsection (5) or by his employer; or

(c)so acts after he has ceased to be a river watcher by virtue of section 55A,

he shall be guilty of an offence against this Act.

(11) In this section and sections 55A and 55B “the appropriate court”, in relation to a river watcher, means a court of summary jurisdiction sitting for the petty sessions district (or any one such district where there is more than one) within which the river watcher is appointed to act and “clerk of petty sessions” shall be construed accordingly.”.

(2) After section 55 of the 1952 Act there shall be inserted—

“55A.    Duration of appointment of river watchers

(1) Any person whose appointment as a river watcher is confirmed after the coming into operation of Article 20 of the Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 shall, unless his appointment is renewed under section 55B, cease to be a river watcher on the expiration of 5 years from the date of that confirmation.

(2) Any person whose appointment as a river watcher was confirmed before the coming into operation of that Article shall, unless his appointment is renewed under section 55B, cease to be a river watcher—

(a)on the expiration of the period of 5 years from the date of that confirmation; or

(b)on the expiration of the period of 1 year from the coming into operation of that Article,

whichever is the later.

(3) A person who ceases by virtue of this section to be a river watcher may be re-appointed as such under section 55.

55B.    Renewal of appointment as river watcher

(1) Where a person (“the applicant”) intends to renew the appointment of a river watcher, he shall, not less than 6 weeks before the date on which the appointment is to cease to have effect, serve a notice, in such form and containing such particulars as may be prescribed, on—

(a)the clerk of petty sessions; and

(b)the Commission.

(2) Where the Commission objects to the renewal of the appointment of a river watcher, it shall, within 21 days of receiving a notice under subsection (1), notify the applicant and the clerk of petty sessions of its objection and of the grounds thereof.

(3) Where, within the time specified in subsection (2), the clerk of petty sessions has received no notice of an objection under that subsection, he shall confirm the appointment and endorse the instrument of appointment to that effect.

(4) Where the Commission notifies the applicant that there is an objection to the renewal of the appointment, the applicant may apply to the appropriate court for confirmation of the renewal of the appointment and Part VII of the Magistrates' Courts (Northern Ireland) Order 1981 shall apply to any such application as if it were an application referred to in Article 76(1)(b) of that Order.

(5) The confirmation of the renewal of the appointment of a person as a river watcher pursuant to an application under subsection (4) shall be effected by the resident magistrate endorsing the instrument of appointment.

(6) Where the appointment of a person as a river watcher has been renewed under this section, the clerk of petty sessions shall notify the Commission of that renewal as soon as practicable.”.

Seizure and disposal of certain articlesN.I.

21.—(1) In section 58(1) of the 1952 Act (powers of authorised persons) after paragraph (f) there shall be inserted—

“(ff)seize any equipment (of whatever nature) which has been, or is being, used for facilitating the unlawful taking of any fish;”.

(2) In section 64 of the 1952 Act (procedure for disposal of boat or fishing engine)—

(a)for the words from the beginning to “any boat or fishing engine, he shall” there shall be substituted

“Where a person seizes in Northern Ireland—

(i)any boat or fishing engine in exercise of powers conferred on him by this Part; or

(ii)any equipment in exercise of the power conferred by section 58(1)(ff),

he shall”;

(b)in paragraphs (a) and (c) for “had been” there shall be substituted “ had recently been ”;

(c)after paragraph (c) there shall be inserted—

“(cc)if, in the case of any equipment seized under section 58(1)(ff), the court finds that at the time of its seizure it had been, was being, or was about to be used to facilitate the unlawful taking of fish, the court shall order it to be forfeited;”; and

(d)in paragraph (d) for “or fishing engine” there shall be substituted “ , fishing engine or equipment ”.

Powers of authorised personsN.I.

22.  In section 58 of the 1952 Act (powers of authorised persons) after subsection (1) there shall be inserted—

“(1A) An officer of the Commission exercising any power under this Act may be accompanied and assisted by—

(a)an officer of the Department; or

(b)an officer of the Department of Culture, Arts and Leisure; or

(c)an officer of the Fisheries Conservancy Board for Northern Ireland.

(1B) Without prejudice to subsection (1)(a), an authorised person other than a private river watcher may for the purpose of preventing or detecting the commission of any offence against any provision of this Act at any time enter on and traverse any land either on foot or, where there is a suitable roadway, lane or path, in a motor vehicle.

(1C) Where by virtue of subsection (1B) an authorised person brings a motor vehicle onto any land, he shall not cause or permit that vehicle to stand or remain in such a position as to cause or be likely to cause any danger or obstruction.

(1D) An authorised person, on leaving any land which he has entered by virtue of this section, shall leave that land as effectually secured against trespassers as he found it.”.

Warrants to enter certain premisesN.I.

23.  For section 59 of the 1952 Act (warrants) there shall be substituted—

“59.    Power of lay magistrate to grant warrant to enter certain premises

(1) If a lay magistrate is satisfied by complaint on oath that the first condition is satisfied and that the second or third condition is satisfied he may issue a warrant authorising an authorised person to enter any premises, if necessary using reasonable force, for any of the purposes mentioned in section 63(1).

(2) The complaint shall include—

(a)a statement as to whether any representations have been made by the occupier of the premises to an authorised person concerning the purpose for which the warrant is sought;

(b)a summary of any such representations.

(3) The first condition is that there are reasonable grounds for an authorised person to enter the premises for that purpose.

(4) The second condition is that each of the following applies to the occupier of the premises—

(a)he has been informed of the decision to seek entry to the premises and of the reasons for that decision;

(b)he has failed to allow entry to the premises on being requested to do so by an authorised person;

(c)he has been informed of the decision to apply for the warrant.

(5) The third condition is that—

(a)the premises are unoccupied or the occupier is absent and (in either case) notice of intention to apply for the warrant has been left in a conspicuous place on the premise, or

(b)an application for admission to the premises or the giving of notice of intention to apply for the warrant would defeat the object of entering the premises.

(6) A warrant issued under this section shall not continue in force for more than 7 days from the date of its issue by the lay magistrate, which date shall be clearly visible on the warrant.

(7) A warrant issued under this section shall be executed only at a reasonable hour unless otherwise authorised by the warrant.

(8) A person authorised to enter premises by virtue of a warrant issued under this section—

(a)may take with him such other persons and such equipment as he considers may be necessary; and

(b)shall, on leaving any unoccupied premises which he has entered by virtue of such a warrant, leave them as effectually secured against trespassers as he found them.

(9) In this section “authorised person” does not include a private river watcher.”.

Apprehension of offendersN.I.

24.—(1) In section 61 of the 1952 Act (apprehension of offenders), in subsection (1)(b), after “name and address” there shall be inserted “ to the satisfaction of the authorised person ”.

(2) For subsection (2) of that section there shall be substituted—

“(2) If any person fails to give his name and address to the satisfaction of an authorised person when required to do so in accordance with subsection (1)(b), he shall be guilty of an offence against this Act.”.

(3) Subsection (3) of that section shall cease to have effect.

Powers of inspection, examination and detentionN.I.

25.  In section 63 of the 1952 Act (powers of inspection, examination and detention)—

(a)in subsection (1)—

(i)in paragraph (g) after “take the name and address” there shall be inserted “ and date of birth ”;

(ii)after paragraph (g), there shall be added—

“(h)to demand and take the name, address and date of birth of any person who is fishing or whom he reasonably suspects to be about to fish or to have fished within the preceding half hour.”;

(b)in subsection (5) after “his own name and address” there shall be inserted “ and date of birth to the satisfaction of the authorised officer ”;

(c)after subsection (5) there shall be inserted—

“(6) Nothing in this section shall be construed as authorising an authorised officer to enter—

(a)any enclosed garden; or

(b)any dwelling-house or the curtilage thereof.”.

Penalties for offencesN.I.

26.—(1) In section 41 of the 1952 Act (penalty for pollution), subsection (1A) shall cease to have effect.

(2) In section 68 of the 1952 Act (penalties for offences)—

(a)in subsection (1), the words from “and, in the case of a continuing offence” to the end of that subsection shall cease to have effect;

(b)subsection (2) shall cease to have effect.

Exemption for acts done for improvement of fisheries, etc.N.I.

27.  For section 69 of the 1952 Act (saving for acts done for improvement of the fisheries) there shall be substituted—

“69.    Saving for acts done for artificial propagation, scientific purposes or improvement of the fisheries

(1) Nothing in this Act shall prohibit anything done for the purpose of the artificial propagation of fish, for some scientific purpose or for the improvement of any fishery—

(a)by the Commission;

(b)by a person to whom a permit is issued under this section (or any other person acting under his directions), under the authority of, and subject to the conditions of, that permit.

(2) The Commission may, by permit in writing and subject to any specified conditions, authorise any named person to do, at any season of the year, any specified things for any of the purposes mentioned in subsection (1) and in particular, without prejudice to the generality of the foregoing—

(a)to catch fish of any specified kind and to have in his possession fish of that kind or their ova for the purpose of artificial propagation, transplantation, the stocking, restocking or improvement of any fishery or for any scientific purpose, and for the purpose of so catching to have in his possession, erect and use any fishing engine of a specified kind or to have in his possession and use any substance of a specified kind;

(b)to buy or sell ova or fry of fish of any specified kind for the purpose of stocking or restocking, or for any scientific purpose;

(c)to dispose of fish taken in accordance with the terms of the permit in such manner and on such terms as may be specified.

(3) A permit under this section shall not authorise anything to be done in relation to a several fishery otherwise than with the consent of the owner of that fishery.

(4) A person to whom a permit has been given by the Commission shall, if when doing anything pursuant to the permit he is so requested by an authorised person, produce the permit to that person.

(5) In this section “specified” means specified in a permit.”.

Forfeiture of boats, fishing engines, etc.N.I.

28.—(1) In section 75 of the 1952 Act (forfeiture), for the words from “any fish” to the end of that section there shall be substituted

“the court by which he is convicted may make such other order as to the forfeiture of—

(a)any fish illegally taken by him or in his possession at the time of the offence;

(b)any boat, fishing engine, equipment or any other thing by means or in respect of which the offence is committed,

as the court thinks fit. ”.

(2) Section 76 of the 1952 Act (recording of forfeiture) shall cease to have effect.

Enforcement of private fishing rightsN.I.

29.  Paragraph 2 of the Third Schedule to the 1952 Act (powers of the Commission) shall be renumbered as sub-paragraph (1) of that paragraph and—

(a)at the end of that sub-paragraph there shall be added—

“(e)enter into an agreement to enforce the fishing rights of any owner or occupier of land or waters in accordance with such terms and conditions as may be specified in the agreement and on payment of such sums as may be so specified.”; and

(b)after that sub-paragraph there shall be added—

“(2) Section 168(1) of the Fisheries Act (Northern Ireland) 1966 shall not apply in any case where the fishing rights in question are rights of an owner or occupier of land or waters with whom the Commission has entered into an agreement under sub-paragraph (1)(e).”.

Powers to manage the Londonderry fisheryN.I.

30.—(1) In the Third Schedule to the 1952 Act in paragraph 3(1) for “during the transitional period” there shall be substituted “ during the period mentioned in sub-paragraph (2) ”.

(2) In that Schedule for sub-paragraph (2) of paragraph 3 there shall be substituted—

“(2) The period referred to in sub-paragraph (1) is the period beginning on the establishment date and ending on such date as the Department and the Minister may jointly direct.”.

Calculation of time periodsN.I.

31.  After section 81 of the 1952 Act, there shall be inserted—

“82.    Calculation of time periods

(1) In this Act, or any regulations made under this Act, where a period of time is expressed to begin on, or be reckoned from, a particular day, that day shall not be included in the period.

(2) In this Act, or any regulations made under this Act, where a period of time is expressed to end on, or to be reckoned to, a particular day, that day shall be included in the period.

(3) In this Act, or any regulations made under this Act, where the time limited for the doing of anything expires on a Saturday, Sunday or a public holiday, the time so limited shall extend to and the thing may be done on the first following day that is not a Saturday, Sunday or a public holiday.

(4) Where any document or notice is received by the Commission or the Appeals Board outside the business hours of the Commission, or as the case may be, the Appeals Board, the document or notice shall be deemed to have been received on the first following day which is not a Saturday, Sunday or public holiday.

(5) In subsections (3) and (4)—

(a)“business hours” means such hours as may be prescribed for the purposes of this section;

(b)“public holiday” means any day which is prescribed for the purposes of this section.

(6) Subsections (2), (3), (4) and (8) of section 39 of the Interpretation Act (Northern Ireland) 1954 shall not apply to this Act.”.