Fisheries (Amendment) Act (Northern Ireland) 2001

An Act to amend the Fisheries Act (Northern Ireland) 1966.

BE IT ENACTED by being passed by the Northern Ireland Assembly
and assented to by Her Majesty as follows:

   1.--(1) Section 124 of the principle Act (sea-fishing regulations)
shall be amended as follows.

    (2) In subsection (1) after "sea-fisheries" insert "in Northern Ireland
inshore waters or".

    (3) In subsection (2) after paragraph (d) insert--

              "(dd) prohibiting in any area specified in the regulations,
              either without limitation of time for any period so specified,--

                     (i) fishing from or by means of any vehicle or any vehicle
                     of a specified description;
                    (ii) fishing by means of a specified description of
                     equipment;".

    (4) After subsection (2) insert--

                "(2A) the power to make regulations under this section may
                be exercised for--

                    (a) the conservation or enhancement of the natural beauty
                    or amenity of marine or coastal areas (including their
                    geological or physiographical features) or of any features
                    of archaeological or historic interest in those areas; or

                    (b) the conservation of flora or or fauna which are dependant
                    on, or associated with, a marine or coastal environment.".

    (5) After subsection (3) add--

               "(4) Where--

                    (a) a person commits an offence under subsection (3); and
                    (b) a vehicle or equipment is used in the commission of the
                    offence,

           then, in addition to that person, any person who caused or
           permitted the commission of the offence is guilty of an offence.

             (5) For the purposes of this section--

                   (a) "Northern Ireland inshore waters" means the area
                   adjacent to the coast of Northern Ireland and to the
                   landward of a limit of 6 miles from the baseline from
                   which the breadth of the territorial sea is measured,
                   up to the mean high-water mark of ordinary spring
                   tides; and
                   (b) "sea fisheries" includes any fishery within that area.".

   2.--(1) In section 174 of the principal Act (boarding and examination
of fishing boats), after subsection (1) insert--

              "(1A) Any authorised person to whom this section applies may,
               for the purposes of enforcing regulations made under section
               124, do all or any of the following things with respect to any
               vehicle or equipment which is or has been employed in fishing--

                       (a) enter in or on the vehicle or equipment;

                       (b) require the attendance of the person in charge of,
                       and any other persons in or on or using, the vehicle or
                       equipment and require all such persons to do anything
                       which appears to him to be necessary for facilitating
                       the performance of his functions;

                       (c) in relation to any vehicle, examine--
                                (i) any fish in or on the vehicle;
                                (ii) any apparatus on the vehicle,
                                including any fishing gear used in
                                association with any such engine;
                                (iii) any document relating to the
                                vehicle;

                       (d) in relation to any equipment, examine that equipment
                       and any fish in or on the equipment;

                       (e) seize--

                                 (i) any vehicle or equipment which is being, or is
                                 reasonably suspected of having been, used in the
                                 commission of an offence under any regulation
                                 made under section 124;
                                 (ii) any fish in respect of which an offence is
                                 being, or is reasonably suspected of having been,
                                 committed under any regulation made under section
                                 124.".

    (2) Section 180 (procedural for disposal of boat or fishing engine
seized in certain cases) shall be amended as follows--

          (a) for "any fishing engine"  substitute  ", fishing engine, vehicle
          or equipment";

          (b) for "or fishing engine", wherever those words occur, substitute
          ", fishing engine, vehicle or equipment";

          (c) in paragraph (a)--
                    (i) after "boat" insert "or a vehicle or equipment";
                    (ii) for "it", where it first occurs, substitute "the boat, vehicle
                    or equipment";
                    (iii) After "Act" insert "or any regulations made under section
                    124".

    (3) In section 181 (1) of the principal Act (procedure for disposal
of fish seized or detained) after "172" insert ", 174"

    (4) In section 183(2) of the principal Act (obstructing or impeding
authorised persons) after "174(1)(aa)" insert "or (1A)(b)".

   3.--(1) At the end of section 48 of the principal Act (taking, etc., spawn
or fry of salmon, trout or eels) add--

               "(4) It shall be a defence for a person charged with an offence
               under subsection (1)(a) in relation to the spawn of any salmon
               to prove--

                      (a) that the spawn had been produced at a fish farm; or
                      (b) that he believed on reasonable grounds that it had
                      been so produced.

    (5) If any person removes any material from the bed of any river--

         (a) without the consent of the Board under subsection (6); or
         (b) otherwise than in accordance with the conditions of a
         consent granted by the Board under subsection (6),

he shall be guilty of an offence.

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

    (7) Where the Board--

           (a) on an application for a consent under subsection (6), has
           refused a consent; or
           (b) in giving a consent under subsection (6), has given that
           consent subject to conditions,

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

    (8) A consent under subsection (6) 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.

    (9) Nothing done under and in accordance with the conditions of a
consent under subsection (6) constitutes an offence under subsection
(1) or section 49.".

   (2) For section 208 of the principal Act substitute--

Saving of right of owner     208. Nothing in this Act other than section 48
to take materials from           shall prejudice the right of any owner to take
streams                                   materials from any stream .".

   4. In section 7A(1)(b) of the principal Act (permits to fish in
Department's waters) for "Department of Finance and Personnel
may approve" substitute " Department may determine".

   5. In section 26 of the principal Act (power of Board to make bylaws)--

        (a) in subsection (1) after paragraph (kk) insert--

                   "(kkk) anything relating in any manner to the management
                   and protection of the fisheries;";

        (b) after subsection (2) insert--

              "(3) The power to make bylaws under this section in relation
              to the regulation of fishing for salmon may be exercised for--

                      (a) the conservation or enhancement of the natural
                      beauty or amenity of marine or coastal areas (including
                      their geological or physiographical features) or of any
                      features of archaeological or historic interest in those
                      areas; or

                      (b) the conservation of flora or fauna which are dependant
                      on, or associated with, a marine or coastal environment.".

   6. In section 37(1) of the principal Act (power of Board to make
bylaws respecting fishing licences) in paragraph (b) for the words from
"persons holding" to the end substitute "persons of such class or
description as is specified in the bylaws".

   7. In section 47 of the principal Act (penalty for pollution)--

        (a) in subsection (3)(i) for "restocking to restore the fish population"
        substitute "reinstatement";

        (b) in subsections (4)(a) and (5) for "restocking" substitute
        "reinstatement".

   8. In this Act "the principal Act" means the Fisheries (Amendment)
Act (Northern Ireland) 1966 (c, 17).

   9. This Act may be cited as the Fisheries (Amendment) Act
(Northern Ireland) 2001.