Statutory Rules of Northern Ireland
FISHERIES
Made
26th November 1999
Coming into operation
31st December 1999
The Foyle Fisheries Commission, in exercise of its powers under sections 13(1), 28(1) and 28(4) of the Foyle Fisheries Act 1952(1) and sections 13(1), 27(1) and 27(4) of the Foyle Fisheries Act (Northern Ireland) 1952(2) with the approval of the Minister for the Marine and Natural Resources in the Republic of Ireland(3) and of the Department of Agriculture for Northern Ireland(4) hereby makes the following Regulations:
1. These Regulations may be cited as the Foyle Area (Close Season) Regulations 1999 and shall come into operation on 31st December 1999.
2. In these Regulations—
“salmon” means all fish of the salmon species including sea trout;
“netting” means fishing lawfully using a drift net or draft net in the Foyle Area under the Authority of a licence issued under the Foyle Area (Licensing of Fishing Engines) Regulations 1976; and
“Sion Mills Fish Counter” means the automatic fish counters situated at Sion Mills Weir in the County of Tyrone.
3. Subject to regulation 5 the annual close season in the Foyle Area, with the exception of the River Roe, shall be the period beginning on 1st August and ending on 14th June next following (both dates inclusive).
4. The Annual Close Season in the River Roe shall be the period beginning on 15th August and ending on 30th June next following (both dates inclusive).
5.—(1) Where the number of salmon which have migrated upstream of the Sion Mills Fish Counter during the period 1st May to 24th July, (both dates inclusive), in any year exceeds 8,000 the annual close season for netting of salmon in the River Foyle, Lough Foyle and the waters seaward of Lough Foyle will begin on the next following 8th August rather than 1st August.
(2) Where the beginning of the annual close season for netting salmon on the River Foyle, Lough Foyle and the waters seaward of Lough Foyle is postponed from 1st August to 8th August in accordance with paragraph (1), the fact shall be certified in writing by the Commission.
(3) The certificate referred to in paragraph (2) shall—
(a)be given under the hand of the Chief Executive of the Commission; and
(b)be published in such manner as the Commission sees fit not less than five days before the date on which the annual close season for netting salmon on the River Foyle, Lough Foyle and the waters seaward of Lough Foyle would apart from paragraph (1) have otherwise begun.
6. The Foyle Area (Close Season) Regulations 1993(5) are hereby revoked.
Given under the Common Seal of the Foyle Fisheries Commission on 26th November 1999.
L.S.
M. Mullan
Member of the Commission appointed by the Minister for the Marine and Natural Resources
The Minister of the Marine and Natural Resources hereby approves the foregoing Regulations.
Sealed with the Official Seal of the Minister for the Marine and Natural Resources on 26th November 1999
L.S.
P. McHale
A person authorised by the Minister for the Marine and Natural Resources to authenticate the Official Seal of the Minister
L.S.
H. T. Hutley
Member of the Commission appointed by the
Department of Agriculture for Northern Ireland
The Department of Agriculture for Northern Ireland hereby approves the foregoing Regulations
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland on 29th November 1999.
L.S.
G. Lavery
Assistant Secretary
Department of Agriculture for Northern Ireland.
(This note is not part of the Regulations.)
The Regulations provide for an annual close season in the Foyle Area from 1st August to 14th June in the following year with the exception of the River Roe where a separate annual close season from 15th August to 30th June in the following year applies.
The Regulations also provide for a change in the annual close season for netting salmon in the River Foyle, Lough Foyle and the waters seaward of Lough Foyle from 8th August to 14th June in the following year if the number of salmon counted over the Sion Mills Weir on the River Mourne exceeds 8,000 during the period 1st May to 24th July.
No. 5 of 1952 (Republic of Ireland)
S.R. & O. (N.I.) 1963 No. 29 Art. 2(2) and Sch. Part II