Foyle Fisheries Act (Northern Ireland) 1952
An 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]
PART I
PRELIMINARY AND GENERAL
1. Short title.
This Act may be cited as the Foyle Fisheries Act (Northern Ireland), 1952.
2. Interpretation.
— (1) In this Act
— Definition rep. by SI 1999/859
“ authorised person ” has the meaning given to it by section fifty-three;
[ “ the Commission ” means the Foyle, Carlingford and Irish Lights Commission; ]
[
“ deleterious matter ” means any substance (including an explosive) the entry or discharge of which into any waters is liable to render those or any other waters poisonous or injurious to fish, spawning grounds or the food of any fish or to injure fish in their value as human food or to impair the usefulness of the bed and soil of any waters as spawning grounds or their capacity to produce the food of fish;]
“ establishment date ” means the date appointed by order made under section ten;
[
“ fish ” includes spawn and fry;
“ the Fisheries Acts ” means [
the Fisheries Act (Northern Ireland) 1966
1966 c.17
as amended by any subsequent enactment];
Definitions rep. by SI 1999/859
“ fishing engine ” means any engine, net or instrument whatsoever capable of being used for the taking of fish;
“ fishing licence ” means a licence issued by the Commission under regulations made by the Commission under this Act;
“ the Foyle Area ” has the meaning given to it by section three;
“ inquiry ” means an inquiry conducted under section eighty;
“ the Irish Society ” means the body entitled the Society of the Governor and Assistants, London, of the New Plantation of Ulster within the Realm of Ireland;
“ the Londonderry Area ” means the area which was constituted by the Fishery Districts (Northern Ireland) Order, 1925
SRO (NI) 1925/1101
, as the Londonderry District;
“ the Londonderry Board ” means the board of conservators for the said Londonderry District;
“ the Minister ” means the Minister for Agriculture
of the Republic of Ireland;
“ the Ministry ” means the Ministry of Commerce
;
[ “ the Newry Area ” means so much of the Carlingford Area as is in Northern Ireland; “ NSMC ” has the same meaning as in the North/South Co-operation (Implementation Bodies) (Northern Ireland) Order 1999; ]
“ prescribed ” means prescribed by regulations made by the Commission under this Act;
“ river ” includes lake and estuary;
“ salmon ” includes sea trout, all fish of the salmon species, and the spawn and fry thereof;
[
“ substance ” includes any liquid or gas;]
“ trout ” includes all fish of the brown trout kind and their spawn and fry but does not include sea trout;
Definition rep. by 1981 NI 7
[
“ waters ” includes any river, watercourse or part of the sea.]
(2) References in this Act to a fish shall be construed as including references to part of a fish.
Subs. (3) ‐ (5) rep. by SLR 1976
3. The Foyle Area.
— (1) In this Act
“ the Foyle Area ” means the area comprising the fishery district, originally created and defined as the Londonderry District by an order made on the ninth day of July, 1855, by the Commissioners of Fisheries.
[ (1A) In this Act “ the Carlingford Area ” means — (a)
the whole of the sea along the coast between the low water line of the most southerly point of Cranfield Point in the County of Down and the low water line of the most easterly point of Ballaghan Point, in the County of Louth, and within a straight line between those points, and any islands or rocks within the same, with the whole of the tideway along the said coast; and
(b)
the whole of all lakes, rivers and their tributaries which flow into the sea within the area defined in paragraph (a) and all of the land catchment from which water drains into those lakes and rivers. ]
(2) Judicial notice shall be taken of the boundaries of the Foyle Area [ and the Carlingford Area ] . S. 4 rep. by 1966 c. 17 (NI)
S. 5 rep. by SI 1999/859
6. Deposit of copies of orders and regulations.
A copy of every order or regulation made under this Act shall be deposited
— with the chief clerk for every county court division which or part of which is situate in the Londonderry Area
[ or the Newry Area ] ;]
(b)
with the clerk of every petty sessions district which or part of which is situate in the Londonderry Area
[ or the Newry Area ] ; and
(c)
in every Royal Ulster Constabulary Barracks situate in the Londonderry Area
[ or the Newry Area ] .
S. 7 rep. by SLR 1976
PART II
ACQUISITION OF FOYLE FISHERY RIGHTS
8. Power to acquire fishing rights, etc.
— (1) The Ministry is hereby authorised to enter into an agreement (in this Act referred to as the vesting agreement) with the Minister and the Irish Society in the terms of the draft set out in the Second Schedule to this Act.
(2) On the date of execution of the vesting agreement this sub-section shall operate to vest in the Ministry and the Minister an absolute and indefeasible title to the fee simple in possession of all rights of fishing in the tidal portions of the Lough and River Foyle and of its tributary, the River Faughan, freed and discharged from all estates, titles, interests, incumbrances, rights, liberties and privileges whatsoever by whomsoever held, used, exercised or enjoyed, except the rentcharges referred to in the vesting agreement but indemnified therefrom as therein provided.
(3) Sub-section (2) of this section shall not apply to a right vested, immediately before the date of execution of the vesting agreement, in any person, other than the Irish Society, to use a fixed engine under certificate granted under section six of the Salmon Fishery (Ireland) Act, 18631863 c.114
.
(4) On the date of execution of the vesting agreement this sub-section shall operate to extinguish all the estate, right, title and interest of the Irish Society in and to the tidal portions of the Lough and River Foyle and of its tributary, the River Faughan, and the ground, soil and foreshore of those tidal portions.
(5) The vesting agreement shall operate, without further assurance, to convey, assign and transfer, on the date of the making thereof, to the Ministry and the Minister all the property thereby agreed to be sold, other than rights of fishing to which sub-section (2) of this section applies.
(6) The Irish Society shall, notwithstanding any limitations on its powers, have power to enter into the vesting agreement without the consent of any person.
(7) It shall be the duty of the Ministry and the Irish Society, and each such party is hereby empowered, to carry out the vesting agreement so far as the provisions thereof are to be performed by such party.
Subs. (8)(9) spent
9. Exemption from stamp duties.
— (1) Section twelve of the Finance Act, 1895
1895 c.16
, shall not operate to require the delivery to the Ministry of Finance of a copy of this Act or the payment of stamp duty under that section on any copy of this Act.
(2) Stamp duty shall not be chargeable on the vesting agreement or on any instrument executed in pursuance thereof.
(3) Section nine of the Finance Act (Northern Ireland), 19361936 c.33
, shall not apply to the vesting agreement or to any instrument executed in pursuance thereof.
PART III
THE FOYLE FISHERIES COMMISSION
10. Commencement
Constitution and Functions
11. Establishment of Foyle Fisheries Commission.
— Subs. (1) rep. by SI 1999/859
(2) The functions of the Commission shall be — (a)
the management of the property vested in the Ministry and the Minister under section eight;
(b)
the conservation, protection and improvement of the fisheries of the Foyle Area
[ and the Carlingford Area ] generally.
(3) The provisions of the Third Schedule to this Act shall apply to the Commission. 12. Exemption from rates and taxes.
— (1) The Commission shall not be liable for any tax whatsoever in respect of the property in or occupation of any lands, tenements and hereditaments or in respect of any of its income.
(2) The Commission shall, in respect of any hereditament … used or occupied by the Commission, be exempt from liability for [ regional rate and district rate].
Subs. (3) rep. by 1972 NI 22 13. Regulations.
— (1) The Commission may, with the approval of
[ NSMC ] , make such regulations as appear to the Commission to be expedient for the management, conservation, protection and improvement of the fisheries of the Foyle Area
[ and the Carlingford Area ] and, without prejudice to the generality of the foregoing, may make regulations in relation to all or any of the following matters:
— (a)
the regulation of fishing and preservation of good order amongst persons fishing;
(b)
the times and seasons for the taking of fish or any kind of fish or for any mode of taking fish or any kind of fish and the conditions subject to which fish or any kind of fish may be taken;
(c)
prohibiting any mode of taking or destroying fish or any kind of fish;
(d)
the times and places or the mode at or in which any fishing engine may be used;
(e)
the description and form of nets to be used and the size of the meshes of those nets;
(f)
the prohibition, either absolutely or otherwise than under and in accordance with a licence issued by the Commission, of the use of any fishing engine;
(g)
the making of applications for, and the issue, alteration, renewal, and revocation of licences, whether generally or in specified cases;
(h)
the protection of waters from poisoning and pollution by any deleterious or poisonous matter, or from any predatory fish or animals;
(i)
the prohibition of any practice whatsoever tending in the opinion of the Commission to impede the lawful capture of fish or to be in any manner detrimental to the fisheries;
(j)
defining, by reference to a map or otherwise, the mouth of any river in the Foyle Area
[ or the Carlingford Area ] , the mouth of any tributary river at its entrance into any other river therein, the boundary between the tidal and freshwater portions of any river therein, the point or points to or from which distances are to be measured under this Act, or the space within which it is prohibited by this Act or by regulations under this section to use or practise certain methods of fishing;
(k)
anything referred to in this Act as prescribed;
(l)
anything relating in any manner to the management and protection of the fisheries.
(2) Regulations made by the Commission under this section may provide for charging in respect of any licence or other document issued or varied by the Commission such fees, payable at such time and in such manner, as may be prescribed.
(3) Regulations made by the Commission under this section … shall be published in one or more newspapers circulating in the Foyle Area [ and the Carlingford Area ] .
Subs. (4) spent
(5) The Ministry shall cause every regulation made under this Act to be laid before each House of Parliament as soon as may be after it is made and, if a resolution annulling the regulation is passed by either House, within the statutory period next after the day on which the regulation has been laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
[ (5A) Nothing in regulations made under paragraph (f) of subsection (1) shall make it an offence for a person, who is not the holder of a licence issued by the Commission, to fish lawfully by rod and line in a production pond at a fish farm operated by the holder of a fish culture licence granted under section 11 of the Fisheries Act (Northern Ireland) 1966.
(5B) In subsection (5A) “ production pond ” means a pond — (a)
used for the artificial propagation and culture of fish; and
(b)
designated for the purposes of this subsection as a production pond in a fish culture licence granted under the said section 11. ]
(6) If any person contravenes (whether by act or omission) any regulations under this section, he shall be guilty of an offence against this Act. 14. Restriction on number of licences.
— (1) The number of licences for fishing with fishing engines of any kind (other than rod and line) in the tidal waters of the Foyle Area
[ or the Carlingford Area ] which may be issued by the Commission in any year shall not exceed such number as may be for the time being prescribed.
(2) If the number of applications duly made for licences in any year exceeds the maximum number provided for under this section, the licences shall be allocated in such manner as may be prescribed. Ss. 15 ‐ 18 rep. by SI 1999/859
Dissolution of Londonderry Board
19. Dissolution of Londonderry Board.
— (1) The Londonderry Board is hereby dissolved.
(2) All property, rights and liabilities of the Londonderry Board are hereby transferred to the Commission.
S. 20 rep. by SLR 1976
S. 21 rep. by SI 1999/859
Part IV (Ss. 22 - 26) rep. by SI 1999/859
PART V
TIMES OF FISHING AND ANCILLARY PROVISIONS
27. Close seasons and close time.
— (1) The annual close season in the Foyle Area
[ and the Carlingford Area ] shall be the period prescribed for that purpose or, if no period is prescribed, the period beginning on the first day of September and ending on the fourteenth day of April next following.
(2) The annual close season for angling in the Foyle Area [ and the Carlingford Area ] shall be the period prescribed for that purpose, or, if no period is prescribed, the period beginning on the thirteenth day of October and ending on the thirty-first day of January next following.
(3) The weekly close time in the Foyle Area [ and the Carlingford Area ] shall be the period prescribed for that purpose or, if no period is prescribed, the period beginning at 6 o'clock a.m. on Saturday and ending at 6 o'clock a.m. on the following Monday.
(4) Different periods may be prescribed under this section in respect of different parts of the Foyle Area [ and the Carlingford Area ] and, where a period is so prescribed for a particular part of that area, 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 part as references to the period so prescribed. 28. Fishing during close seasons.
If any person
— (a)
fishes for, takes, kills or attempts to take or kill salmon or trout (except with a rod and line), during the annual close season, or
(b)
fishes for, takes, kills or attempts to take or kill salmon or trout with a rod and line during the annual close season for angling, or
(c)
aids or assists in any such act or attempt,
he shall be guilty of an offence against this Act.
29. Fishing during close time.
If any person fishes for, takes, kills or attempts to take or kill salmon or trout (except with a rod and line) during the weekly close time or aids or assists in any such act or attempt he shall be guilty of an offence against this Act.
30. Obstruction of salmon and trout.
— (1) If any person places any obstruction, uses any contrivance or does any act for the purpose of obstructing the passage of salmon or trout during the annual close season or weekly close time he shall be guilty of an offence against this Act.
(2) Nothing in this section shall apply to lawful fishing with rod and line. 31. Removal of fixed engines during close season and close time.
— (1) The occupier of any fixed engine for taking salmon or trout shall forthwith, after the commencement of the annual close season and until the end of that season, and also during the weekly close time, cause the fixed engine to be removed or rendered incapable of taking or obstructing the passage of salmon and trout.
(2) If any person fails to comply with this section, he shall be guilty of an offence against this Act.
(3) In this section “ fixed engine ” means any net, implement, engine or device, fixed to the soil or secured by anchors or held by hand or made stationary in any other way and used solely for the purpose of taking or facilitating the taking of fish. 32. Removal of nets from banks of rivers during close season.
If any person engaged in fishing for salmon or trout by means of nets of any kind or description omits or neglects to remove and carry away from any strand or from the banks of any river or from the vicinity thereof such nets during the annual close season such person shall be guilty of an offence against this Act.
33. Use of nets during close season or close time.
If any person does any of the following things during the annual close season or weekly close time
— (a)
places, affixes or attaches any net to any stake, bridge, sluice or lock gates of a canal or other such fixed erections, or
(b)
lays, draws or fishes with any net whatsoever,
he shall be guilty of an offence against this Act.
34. Prohibition of sale, etc., of salmon and trout unlawfully captured.
— (1) If any person buys, sells, exposes for sale or has in his possession any salmon or trout unlawfully captured, such person shall be guilty of an offence against this Act and shall be liable on summary conviction thereof to a fine not exceeding
[ level 2 on the standard scale ] , together with a further fine not exceeding two pounds for each salmon or trout so bought, sold, exposed for sale or found in his possession.
(2) In any proceedings under this section, the onus of proving that the salmon or trout, the subject of the proceedings, was lawfully captured shall lie on the defendant.
(3) Where a person, being a common carrier, is charged with the offence of having in his possession any salmon or trout unlawfully captured, it shall be a good defence to the charge for him to prove — (a)
that he had the salmon or trout in his possession as a common carrier and not otherwise, and
(b)
that at the time at which the salmon or trout was accepted by him for carriage, the consignor delivered to him a certificate in writing signed by the consignor to the effect that the salmon or trout was lawfully captured.
(4) Where — (a)
a person is charged with an offence under this section in relation to a salmon or trout, and
(b)
he proves that the fish was caught by rod and line at a particular place during a period other than the annual close season for angling at that place, and
(c)
if the capture of the fish was prohibited save in accordance with a licence, he proves that the fish was caught by the holder of such a licence,
the charge against him shall be dismissed. S. 35 rep. by 1966 c. 17 (NI)
PART VI
PROTECTION OF FISHERIES
Regulations as to Nets
36. Restrictions on use of nets.
If any person
— (a)
makes use of or fishes with any net formed with a false bottom (except nets for the taking of eels), or
(b)
places two or more nets one behind the other, or
(c)
uses any nets covered with canvas, hide, or other substance for the purpose of taking small fish, or
(d)
affixes or keeps up continued nets stretched across any river,
he shall be guilty of an offence against this Act.
37. Mesh of nets for the taking of salmon in the sea and tideways.
— (1) If, on any part of the coast or within any bay, estuary or tideway thereof, any person uses any net to which this section applies with a mesh of less size than one and three-quarter inches from knot to knot, to be measured along the side of the square, or seven inches to be measured all round each such mesh, such measurement being taken in the clear when the net is wet, then, subject to sub-section (2) of this section, he shall be guilty of an offence against this Act.
(2) The Commission may by regulation under section thirteen permit the use of nets to which this section applies having meshes of a less size than that specified in sub-section (1) of this section.
(3) In this section the expression “ net to which this section applies ” means any net or other engine which is not formed of a rigid material and which is used for the taking of salmon. 38. Use of salmon nets near mouths of rivers.
— (1) If any person (other than the owner of a several fishery within the limits thereof) shoots, draws, or uses any net for taking salmon at the mouth of any river or within half a mile seaward or half a mile inwards or along the coast from the mouth of any river, he shall be guilty of an offence against this Act.
(2) If any person shoots, draws, or stretches any net entirely across the mouth or across any other part of a river, he shall be guilty of an offence against this Act.
(3) Where regulations under this Act define the mouth of any tributary river, references in this section to the mouth of any river shall be construed as including references to the mouth of that tributary river. 39. Restriction on possession of unlawful net, etc.
— (1) No person shall have in his possession or control in any river or on or near the banks of any river any net or other instrument or lure or bait the use of which for the purpose of taking salmon, trout or other fish is unlawful.
(2) Any person who has in his possession or control any net or other instrument or lure or bait in contravention of this section shall be guilty of an offence against this Act.
(3) Where — (a)
a person is found in possession of or has in his control any net in the vicinity of the boundary between the tidal and freshwater portions of any river, and
(b)
by reason thereof such person is charged with an offence under this section,
it shall be a good defence to such charge for such person to prove that he is the holder of a licence to use such net and that such net is intended for use in such tidal portion.
Prohibition of Certain Methods of Fishing for, and of Practices Liable to Destroy, Salmon and Other Fish
[ 40. Penalty for use or possession of deleterious matter.
— (1) If any person uses in any waters any deleterious matter for the capture, destruction or injury of fish he shall be guilty of an offence against this Act.
(2) If any person being on the bank of or near any waters has in his possession or under his control any deleterious matter he shall be guilty of an offence against this Act.
(3) It shall be a good defence to a charge under sub-section (2) for the defendant to prove that the deleterious matter was in his possession or under his control for an innocent purpose.
(4) Every person guilty of an offence under this section shall be liable — (a)
on summary conviction, to a fine not exceeding
[ £ 100 ] , or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment;
(b)
on conviction on indictment to
[ an unlimited fine ] or to imprisonment for a term not exceeding two years or to both such fine and such imprisonment.
Subs. (5) rep. by 1996 NI 24 [ 41. Penalty for pollution.
— (1) Subject to sub-section (2), if any person causes or knowingly permits any deleterious matter to enter any river he shall be guilty of an offence against this Act and shall be liable
on summary conviction, to a fine not exceeding the statutory maximum;
(b)
on conviction on indictment, to a fine or to imprisonment for a term not exceeding 2 years or to both. ]
[ (1A) If in the case of a continuing offence under subsection (1), the offender continues to contravene that subsection, he shall be guilty of a further offence and shall be liable on summary conviction to an additional fine not exceeding one-twentieth of level 5 on the standard scale for each day on which the offence is continued. ]
(2) Nothing in sub-section (1) shall operate to penalise — Para. (a) rep. by 1966 c. 17 (NI)
(b)
the discharge by any person of any dye stuff or other trade effluent which he proves is not in a state harmful to fish or other live animals.]
[ (3) Where a person (in this section referred to as “ the person convicted ” ) has been convicted of an offence under subsection (1), the [ Commission ] — (a)
after consulting the owner of the fishing rights in the waters affected by the pollution; or
(b)
without such consultation if the [ Commission ] , upon making reasonable enquiries, is unable to ascertain the name and address of the owner,
may —
(i) carry out such restocking to restore the fish population of the waters as is reasonable in the circumstances, and
(ii) recover the cost thereof from the person convicted.
(4) Any question as to — (a)
the reasonableness of any restocking to be undertaken under paragraph (i) of subsection (3); or
(b)
the costs to be recoverable under paragraph (ii) of that subsection,
shall be referred to arbitration under and in accordance with the provisions of the Arbitration Act (Northern Ireland) 1937.
(5) Nothing in this section shall affect any right of the owner of fishing rights in the waters affected by the pollution to bring civil proceedings against the person convicted; but in assessing damages in any such proceedings the court shall take into account the value of any restocking carried out by the [ Commission ] under subsection (3). ]
[ (6) Subsection (5) applies in relation to any such right vested in the Commission. ]
42. Penalty for using, etc., certain devices for taking fish.
— (1) If, for the purpose of taking any fish, any person uses or has in his possession or control in any river or on or near the banks thereof any light or fire of any kind, he shall be guilty of an offence against this Act.
(2) If, for the purpose of taking any fish, any person uses or has in his possession or control in any river or on or near the banks thereof, any otter, [ tailer or snare,] spear, strokehaul, gaff or other instrument of a similar kind, he shall, subject to sub-section (3) of this section, be guilty of an offence against this Act.
(3) Sub-section (2) of this section shall not apply to the use, possession or control of — (a)
a gaff [
or tailer] used or to be used solely as an auxiliary to lawful angling between sunrise and one hour after sunset, or
(b)
a gaff [
or tailer] used or to be used by the holder of a fishing licence in respect of any box in a fishing weir or fishing mill dam solely for the purpose of lawfully removing fish therefrom, or
(c)
an eel spear used for taking eels.
(4) Every person guilty of an offence under sub-section (1) or (2) of this section shall be liable on summary conviction thereof to a fine not exceeding [ level 3 on the standard scale ] or to imprisonment for any term not exceeding [ six] months or to both such fine and such imprisonment. 43. Fishing for salmon or trout in a river by cross lines.
If any person takes, catches or fishes for any salmon or trout by means of cross lines in any river, he shall be guilty of an offence against this Act.
44. Damming, etc., river or mill race for purpose of taking salmon or trout.
If any person dams, teems or empties any river or water-course for the purpose of taking or destroying any salmon or trout, such person shall be guilty of an offence against this Act.
45. Taking fish unlawfully killed or found dead.
— (1) Every person who by any means removes or causes to be removed from any river
— (a)
any salmon or trout which have been killed otherwise than by lawful means, or
(b)
any salmon or trout which have been found dead, from any cause whatever, by such person,
shall be guilty of an offence against this Act.
(2) This section shall not apply to — (a)
any person acting under the authority of the Ministry, or
(b)
any member or officer of the Commission, or
(c)
any owner of a fishery or his agent acting under the written authority of the Commission, or
(d)
so far as respects the removal or causing to be removed of any diseased salmon or trout, or any salmon or trout found dead from any cause, any member of the Royal Ulster Constabulary or any sanitary officer.
Protection of Young and Breeding Fish
46. Taking, etc., spawn, smolts or fry of salmon or trout.
If any person
— (a)
wilfully takes, sells, purchases, or has in his possession the spawn, smolts or fry of salmon or trout, or
(b)
wilfully obstructs the passage of the smolts or fry of salmon or trout, or
(c)
injures or disturbs the spawn or fry of salmon or trout, or
(d)
injures or disturbs any spawning bed, bank or shallow where the spawn or fry of salmon or trout may be,
he shall be guilty of an offence against this Act.
47. Disturbing fish on spawning beds.
If any person disturbs fish on the spawning beds or attempts (except by means of lawful angling with rod and line) to catch fish thereon, he shall be guilty of an offence against this Act.
48. Penalties for taking, buying, etc., unseasonable salmon or trout.
— (1) Every person who at any time wilfully takes, kills, destroys, buys, sells, exposes for sale or has in his custody or possession any unclean or unseasonable salmon or trout, shall be guilty of an offence against this Act and shall be liable on summary conviction thereof to a fine not exceeding
[ level 3 on the standard scale ] or to imprisonment for any term not exceeding [
six] months or to both such fine and such imprisonment.
(2) Where a person is charged with taking a salmon or trout in contravention of this section it shall be a good defence to prove that such salmon or trout was taken accidentally, and was returned without injury to the water immediately upon being taken.
Miscellaneous Offences
49. Obstructing persons lawfully fishing.
If any person obstructs any person lawfully engaged in fishing or in proceeding to or in returning from lawful fishing, such first-mentioned person shall be guilty of an offence against this Act.
50. Placing fishing engine with intent to prevent fish entering nets lawfully set.
If any person wilfully and maliciously places any fishing engine with intent to prevent fish from entering the nets of any other person set and placed in a lawful manner such first-mentioned person shall be guilty of an offence against this Act.
51. Giving warning to persons unlawfully fishing.
If any person gives or causes to be given or aids or assists in giving any signal or warning to any person engaged in fishing unlawfully of the approach of any member or officer of the Commission, member of the Royal Ulster Constabulary or river watcher appointed under section fifty-five, he shall be guilty of an offence against this Act.
[ 51A. Use of boat or vehicle as aid to commission of offence.
— (1) If any person uses a boat or vehicle as an aid to the commission of an offence against this Act or, within the Foyle Area
[ or the Carlingford Area ] , against the provisions of the Fisheries Acts or the corresponding law of the Republic of Ireland he shall be guilty of an offence against this Act.
(2) Every person guilty of an offence under this section shall be liable — (a)
on summary conviction, to a fine not exceeding
[ level 3 on the standard scale ] , or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment;
(b)
on conviction on indictment, to
[ an unlimited fine ] or to imprisonment for a term not exceeding two years or to both such fine and such imprisonment.
(3) If the offence under this section is committed in respect of a vehicle section seventy-five of this Act shall not apply in relation to the vehicle, but … the court [ by which the person is sentenced] may order the vehicle to be forfeited.]
Agents for Fishery Owners
52. Appointment
— (1) Any fishery owner may by power of attorney under his hand appoint an agent to act for him for the purposes of this Act.
(2) All things which by this Act are directed to be done by or with relation to any person may be lawfully done by or with relation to an agent appointed by him under this section and the agent may be dealt with in all respects as that person himself might have been dealt with under this Act.
(3) Every agent appointed under this section shall have full power, in the name and on behalf of his principal, to take part in or act upon any inquiry, or prosecute, oppose or defend any complaint, appeal, action, writ, suit or other proceeding or to attend, vote at and take part in any meeting or do or suffer any other act for the purposes of this Act.
(4) Every person who appoints an agent under this section shall be bound by the acts of the agent, according to the authority committed to him, as fully as if that person had so acted.
(5) Every power of attorney under this section shall be produced, inspected or registered and copies and extracts thereof made at such times and places and in such manner as the Commission may prescribe.
(6) A power of attorney under this section may be in the following form — " I, A. B. of .................... .................... .................... .................... .................... .................... .................... .................... .................... .................... .................... ....................
hereby appoint C. D. of .................... .................... .................... .................... .................... .................... .................... .................... .................... .................... ....................
to be my lawful attorney to act for me in all respects as if I myself were present and acting, and I make this appointment under the Foyle Fisheries Act (Northern Ireland), 1952.
Dated this .................... .................... .................... .................... day of .................... .................... .................... .................... .................... , 19 .................... ....................
(7) Where a person is convicted of an offence against this Act, he shall thereafter be disqualified from being appointed an agent under this section for a period of seven years from the date of conviction.
PART VII
POWERS OF AUTHORISED PERSONS
53. Definitions.
In this Part
—
“ authorised person ” means (except where the context otherwise requires) a member of the Royal Ulster Constabulary, a member or officer of the Commission or a private river watcher;
“ officer of the Commission ” means an inspector or river watcher appointed under section fifty-four;
“ private river watcher ” means a river watcher appointed under section fifty-five. 54. Appointment of inspectors and river watchers.
— (1) The Commission may by instrument under its common seal appoint a person to be
—
and may revoke such instrument.
(2) An instrument under this section shall not be subject to stamp duty. 55. Appointment of river watchers by persons interested in fisheries.
— (1) Each of the following persons
— (a)
any person interested in the preservation of the fish of any river in the Londonderry Area
[ or the Newry Area ] ,
(b)
any persons who have united themselves into a society for the preservation of any fishery in any such river,
(c)
the owner of any fishery in any such river,
(d)
the owner of any salmon fishery on the sea coast,
may, from time to time, by instrument in writing in the form set out in the Fifth Schedule to this Act, appoint any person to be a river watcher for the protection of the fisheries on such part of the sea coast or in any such river or the tributaries thereof.
(2) A person appointed to be a river watcher under this section shall not act in that capacity until his appointment is confirmed (which confirmation shall be effected by endorsing the instrument of appointment) by any resident magistrate acting for the petty sessions district within which the river watcher is appointed to act.
(3) A court of summary jurisdiction may upon complaint made to it revoke the appointment of a person appointed under this section to act within the petty sessions district for which that court sits, and thereupon the appointment shall be determined.
(4) If any person acts as a private river watcher without having his appointment confirmed under sub-section (2) of this section or after his appointment has been revoked under sub-section (3) of this section, he shall be guilty of an offence against this Act and shall be liable on summary conviction thereof to a fine not exceeding [ £ 10 ] . 56. Limitations on exercise of powers.
— (1) The powers conferred by this Part on a private river watcher shall be exercised only for the protection of the fisheries specified in his instrument of appointment.
(2) The powers conferred by this Part on a member or officer of the Commission shall be exercised only for the protection of the fisheries of the Foyle Area [ or the Carlingford Area ] . 57. Warrant for exercise of powers.
The production by an officer of the Commission or a private river watcher of his instrument of appointment under this Part shall be a sufficient warrant for his exercising the powers conferred on him by this Part, but the production of such instrument by him shall not be necessary in exercising those powers unless he has been first required to produce it.
58. General powers.
— (1) An authorised person may, for the purposes of the protection of the fisheries, do all or any of the following things
— (a)
enter into and pass through or along [
or remain on] the banks or borders of any rivers frequented by salmon or trout or of the tributaries thereof,
(b)
with boats or otherwise enter upon any such rivers,
(c)
enter upon and examine all weirs, sluices, mill dams, mill races and watercourses communicating with such rivers,
(d)
enter any boat which has been or is engaged or is about to engage in fishing,
(e)
examine all standing, floating or other nets whatsoever,
(f)
seize any unlawful fishing engine or any lawful fishing engine which is being unlawfully used,
(g)
do all such other acts and things as he is authorised to do by or under this Act.
(2) Nothing in this section shall be construed as authorising any person to enter any enclosed garden or any dwelling-house or the curtilage thereof except where the ordinary road or passage to any weir, dam or dyke traverses such garden or curtilage. 59. Power of justice of the peace to grant warrant to enter certain places.
— (1) Where upon an information on oath it appears to any justice of the peace that there are reasonable grounds for believing that a breach of the provisions of this Act or any instrument made thereunder has been committed within any enclosed garden or any dwelling-house or the curtilage thereof, he may by warrant under his hand empower an authorised person to enter the said garden or dwelling-house or the curtilage thereof, at such times in the day or night as may be mentioned in the warrant.
(2) A warrant under this section shall not continue in force for more than seven days from the date thereof. 60. Boarding and examination of fishing vessels.
— (1) A member or officer of the Commission or member of the Royal Ulster Constabulary may, subject to any directions and regulations given or made by the Commission, do with respect to any vessel employed in fishing, all or any of the following things
— (b)
examine the certificate of registry and the fishing engines of such vessel, and ascertain whether the provisions of this Act or the Fisheries Acts have been complied with and whether the master or other persons on board are carrying on fishing in the manner required by this Act,
(c)
seize any unlawful fishing engine or any lawful fishing engine unlawfully used.
(2) If the master of any fishing vessel refuses to produce the certificate of registry of such vessel when required to do so by a member or officer of the Commission or member of the Royal Ulster Constabulary, he shall be guilty of an offence against this Act. 61. Apprehension of offenders.
— (1) If, within the Foyle Area
[ or the Carlingford Area ] , any person (in this section referred to as the offender) is found offending against the provisions of the Fisheries Acts or this Act or the corresponding law of the Republic of Ireland, the following provisions shall have effect:
— (a)
an authorised person may require the offender to do either or both of the following things
—
(i) desist from such offence;
(ii) give his name and address; (b)
if the offender, after being so required, wilfully continues such offence or fails or refuses to give his name and address, the authorised person and any persons acting under his directions may apprehend the offender;
(c)
where the offender is apprehended under this section by an authorised person who is not a member of the Royal Ulster Constabulary, that person shall, subject to sub-section (2) of this section, forthwith deliver the offender into the custody of a member of the Royal Ulster Constabulary to be dealt with according to law.
(2) If the authorised person who apprehended the offender or a member of the Royal Ulster Constabulary into whose custody he has been delivered has reason to believe that — (a)
the offender is resident in the Republic of Ireland, and
(b)
the offence is an offence under the said corresponding law of the Republic of Ireland,
he may forthwith deliver the offender into the custody of a member of the police forces of the Republic of Ireland to be dealt with according to that law.
(3) Where a person is delivered into the custody of a member of the Royal Ulster Constabulary in purported compliance with a provision of the law of the Republic of Ireland corresponding to this section, the member shall take him into custody to be dealt with according to law. 62. Powers in relation to fishing engines, etc.
Where an authorised person finds
— (a)
during the annual close season or the weekly close time
—
(i) any passage in any fishing engine or contrivance closed or obstructed, or
(ii) any fishing engine or other contrivance whatsoever placed or used in contravention of this Act or any instrument made thereunder, or (b)
at any time, any obstruction in a fish pass, or
(c)
at any time, any obstruction in the waste gate appurtenant to any mill or factory when such waste gate is required by law to be open,
he may open such passages and remove such obstructions, doing no unnecessary damage, and seize and remove all things so found or used contrary to the provisions of the Fisheries Acts or this Act or any instrument made thereunder.
63. Powers of inspection, examination, and detention.
— (1) Every person (in this section referred to as an authorised officer) being a member or officer of the Commission or member of the Royal Ulster Constabulary is hereby authorised to do all or any of the following things
— (a)
to stop and search any person conveying or suspected to be conveying fish of any kind or any instrument, poison or explosive used or adapted for killing or taking fish unlawfully and to [
examine] any fish, instrument or substance which such person is found to be conveying and for that purpose to open and search any vehicle or package in which any fish, instrument or substance is being or is suspected to be conveyed;
(b)
at all reasonable times to enter upon and have free access to the interior of
—
(i) any premises in which fish is or is believed to be sold, or kept, exposed or stored for sale, or
(ii) any premises in which any instrument or substance intended for the destruction of fish is or is believed to be kept, or
(iii) the premises of any person engaged in the business of carrying goods for reward, or
(iv) any aerodrome, pier, quay, wharf, jetty or dock or premises thereon, or
(v) any ship, boat, aircraft, railway wagon, motor lorry, cart, or other vessel or vehicle used for the conveyance of goods, [ or
(vi) any hotel, guest house, restaurant or other premises or place at which board and lodging or meals are provided for reward;] (c)
to examine all fish found in any place which he is authorised by this section to enter and for that purpose to open any package found in such place and containing or suspected to contain fish;
(d)
to stop, enter and search, on any river or the banks thereof or any part of the sea or the shores thereof any boat used or suspected to be used for fishing or containing or suspected to contain fish unlawfully captured and to examine all fish and all fishing engines found therein and for that purpose to open any package which contains or is suspected to contain any fish or fishing engine;
(e)
to take, remove and detain in his custody any fish (either together with or without any package in which the same may be contained) found in the course of the exercise of any of the powers conferred by this section in respect of which an offence under [
the Fisheries Acts or] this Act is being or is suspected of being committed or which have been or are suspected of having been unlawfully captured;
(f)
to take, remove and detain in his custody any fishing engine [
, boat, vehicle or article] liable or believed to be liable to forfeiture under the Fisheries Acts or this Act;
(g)
to demand and take the name and address of the person having custody of any fish or other article which the authorised officer is authorised under this section to examine and also demand and take from such person the name and address of the owner of such fish or other article.
(2) Where an authorised officer detains in his custody under the authority of this section any fish or other article he shall, as soon as may be, take such steps as may be proper to have the person guilty or suspected to be guilty of the offence committed or suspected to have been committed in relation to such fish or other article dealt with according to law.
(3) Where an authorised officer detains in his custody under the authority of this section any fish and such fish is likely to become unfit for human food before the matter can conveniently be dealt with by any court, he shall produce such fish to a justice of the peace, and if authorised so to do by such justice of the peace shall destroy or otherwise dispose of such fish.
(4) A justice of the peace to whom any fish is produced in pursuance of this section shall, if he is of opinion that the fish ought in the circumstances to be destroyed or otherwise disposed of, give to the person producing the fish a certificate in writing describing the fish and any marks, peculiarities or other particulars thereof pointed out to him by such person and authorising such person to destroy or otherwise dispose of the fish, which certificate shall be conclusive evidence of all such matters of fact as aforesaid stated therein.
(5) Every person who refuses to give his own name and address or the name and address of any other person (so far as known to him) when lawfully demanded under this section shall be guilty of an offence against this Act [ and shall be liable on summary conviction to a fine not exceeding £ 200]. [ 64. Procedure for disposal of boat or fishing engine seized.
Where a person, in exercise of powers conferred on him by this Part, seizes in Northern Ireland, any boat or fishing engine, he shall, as soon as may be, apply to a court of summary jurisdiction sitting for the petty sessions district in which it was seized for an order for its disposal under this section and thereupon the following provisions shall have effect:
— (a)
if, in the case of a boat, the court finds that, at the time of its seizure, it had been, was being, or was about to be, used for a purpose which under this Act is unlawful, the court shall order it to be forfeited;
(b)
if, in the case of a fishing engine, the court finds that it is one the use of which is prohibited by law, the court shall order it to be forfeited and destroyed;
(c)
if, in the case of a fishing engine, the court finds that it is a lawful fishing engine which at the time of its seizure had been, was being or was about to be, unlawfully used in any part of the Foyle Area
[ or the Carlingford Area ] , the court shall order it to be forfeited;
(d)
in any other case, the court shall order the boat or fishing engine to be returned to the person who appears to the court to be the owner thereof.]
65. Protection of authorised persons.
No authorised person shall be liable for any loss or damage occasioned by or in the course of the exercise of any of the powers conferred on him by this Part unless such loss or damage was caused by him wantonly or maliciously.
66. Penalty for assaulting or obstructing authorised persons.
If any person assaults, obstructs or impedes any person exercising any power conferred by this Part, he shall be guilty of an offence against this Act and shall be liable on summary conviction to a fine not exceeding
[ £ 20 ] or to imprisonment for any term not exceeding two months or to both such fine and such imprisonment.
PART VIII
LEGAL PROCEEDINGS
67. Application of penal provisions of Act.
The provisions of this Act relating to offences apply to
— (a)
acts and omissions in the Londonderry Area
[ or the Newry Area ] by any person, and
(b)
acts and omissions in any part of the Foyle Area
[ or the Carlingford Area ] by a person resident in Northern Ireland.
68. Penalties for offences.
— (1) Any person who commits an offence against this Act for which a penalty is not provided by any other provision of this Act shall be liable on summary conviction to a fine not exceeding
[ level 2 on the standard scale ] and, in the case of a continuing offence, to a further fine not exceeding five pounds for every day during which the offence is continued after conviction.
(2) The Commission may prescribe lower money penalties for breach of a particular regulation than those provided under sub-section (1) of this section and that sub-section shall, in any such case, be construed as if such lower penalties were substituted for those so provided. 69. Saving for acts done for artificial propagation, scientific purposes or improvement of fisheries.
Nothing in this Act shall prohibit anything done by the Commission or by a person previously authorised in writing by the Commission in that behalf for the purpose of the artificial propagation of fish, for some scientific purpose or for the improvement of any fishery.
70. Residence of body corporate.
For the purposes of this Part a body corporate shall be deemed to be resident in Northern Ireland if it is incorporated under the law of Northern Ireland.
71. Offences by bodies corporate.
Where an offence against this Act was committed by a body corporate and is proved to have been so committed with the consent or approval of, or to have been facilitated by any neglect on the part of any person, being a director, manager, secretary or other officer of the body corporate, that person shall also be guilty of the offence and may be proceeded against and punished accordingly.
72. Trial of offences.
Notwithstanding anything contained in any other enactment, an offence against this Act may be heard and determined by a court of summary jurisdiction upon the complaint, oral or otherwise, of the Commission or an officer of the Commission or a member of the Royal Ulster Constabulary but not of any other person, except with the consent of the Commission.
73. Evidence 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.
— (1) Where any regulations define
— (a)
the mouth of a river, or
(b)
the mouth of any tributary river, or
(c)
the boundary between the tidal and freshwater portions of any river, or
(d)
the point or points to or from which distances are to be measured under this Act,
such mouth, boundary, point or points shall for the purposes of any proceedings under this Act be as so defined.
(2) Where any regulations define the space within which it is by or under this Act prohibited to use certain fishing engines, the space so defined shall for the purposes of any proceedings under this Act be taken to be the area within which it is prohibited to use those fishing engines.
74. Forfeiture of licences.
— (1) (a) If the person who is the holder of a licence issued by the Commission is convicted of an offence to which this sub-section applies the court may direct the licence to be forfeited and declare that person to be disqualified for holding a licence of the Commission for such period, not exceeding one year, as the court may direct.
(b)
This sub-section applies to
—
(i) an offence under any section of this Act,
(ii) an offence under any section of the Fisheries Acts.
(2) Where a person who is the holder of a licence issued by the Commission is convicted by a court of justice in the Republic of Ireland of an offence under the law of the Republic of Ireland relating to fisheries, and as a result of such conviction, the licence is declared to be forfeited and that person is declared to be disqualified for a particular period for holding a licence of the Commission, the Commission shall direct the licence to be forfeited and that person shall be disqualified for holding a licence for that period.
(3) Where a licence is directed to be forfeited under this section, it shall thereupon cease to be in force.
[ (4) Where a person is convicted by a court of an offence against this Act or against the Fisheries Acts, the clerk of the court shall as soon as may be in either case forward to each of the Commission and the Fisheries Conservancy Board for Northern Ireland a duly authenticated certificate of the conviction, ... .]
(5) A document purporting to be a copy of a conviction or order made by a court of justice in the Republic of Ireland and to be certified in accordance with the law of the Republic of Ireland shall, for the purposes of this section, be evidence of such conviction or order without further proof, unless the contrary is shown. 75. Forfeiture of boats, fishing engines, etc., as statutory consequence of conviction.
Where a person is convicted of an offence against this Act, any fish illegally taken by him or in his possession at the time of the offence and also any [
boat or] fishing engine or thing by means or in respect of which the offence is committed shall, as a statutory consequence of conviction, stand forfeited.
76. Non-obligation of Court to pronounce or record forfeiture.
Where, as a statutory consequence of a conviction under this Act, a particular thing stands forfeited, then, notwithstanding any rule of law, it shall not be necessary for the court
— (a)
to pronounce the fact of such forfeiture at the time of adjudication, or
(b)
to record the fact of such forfeiture in the petty sessions Order Book or in the order of conviction.
77. Disposal of fines.
— (1) Save as provided in sub-section (2) of this section, all fines imposed for offences under this Act shall, notwithstanding any other enactment, be paid to the Commission.
(2) When a fine has been imposed for an offence under this Act and a member of the Royal Ulster Constabulary was the means of bringing to justice the person by whom the offence was committed, then — (a)
one-third of that fine shall be paid to the Ministry of Home Affairs
and shall be appropriated in aid of the moneys provided by [
the Parliament of the United Kingdom] for defraying the costs, charges and expenses of the said Constabulary; and
(b)
the remainder of that fine shall be paid to the Commission.
78. Disposal of forfeitures.
— (1) Where any thing is forfeited under this Act, the Ministry may direct that it be sold or otherwise disposed of in such manner as the Ministry thinks fit or be returned to the person who appears to the Ministry to be the owner.
(2) The net proceeds of a sale under sub-section (1) of this section shall be paid to or disposed of for the benefit of the Commission in such manner as the Ministry shall direct. 79. Proof of regulations, bye-laws, etc.
— (1) In any proceedings, a document purporting to be a copy of any instrument in writing made or issued (whether before or after the passing of this Act) under the Fisheries Acts or this Act in relation to the Foyle Area
[ or the Carlingford Area ] or any part thereof shall, if it is certified under the common seal of the Commission to be a true copy, be
prima facie evidence of the instrument.
(2) The Documentary Evidence Act, 18681868 c.37
1882 c.9
1925 c.6
, as amended by the Documentary Evidence Act, 1882, shall apply to the Commission in like manner as the said Acts apply to certain rule-making authorities under section three of the Rules Publication Act (Northern Ireland), 1925.
80. Inquiries.
— (1) The Commission may from time to time hold an inquiry in relation to the fisheries of the Foyle Area
[ or the Carlingford Area ] or any of them and the best means to be adopted for the management, conservation, protection or improvement thereof.
(2) An inquiry may be conducted by the Commission or by a person appointed by it for the purpose. 81. Powers in relation to inquiry.
— (1) The Commission or person holding an inquiry may
— (a)
summon witnesses to attend at the inquiry,
(b)
examine on oath (which any member of the Commission or that person, as the case may be, is hereby authorised to administer) witnesses attending at the inquiry,
(c)
require any witness to produce any documents in his power or control which the Commission or that person, as the case may be, considers necessary for the purposes of the inquiry.
(2) A witness at an inquiry shall be entitled to the same immunities and privileges as if he were a witness before the High Court.
(3) If any person — (a)
on being duly summoned to attend as a witness at an inquiry makes default in attending, or
(b)
being in attendance, refuses to take an oath which he is lawfully required to take, or to produce any document in his power or control which he is lawfully required to produce, or to answer any question which he is lawfully required to answer,
he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding [ £ 25 ] .
SCHEDULES
First Schedule rep. by 1966 c. 17 (NI)
SECOND SCHEDULE
Section 8.
The Schedule sets out details of the sale of the fishery, including lands, chattels, etc.
THIRD SCHEDULE
Sections 5 and 11.
THE FOYLE
[ , CARLINGFORD AND IRISH LIGHTS ] COMMISSION
Para. 1 rep. by SI 1999/859
2. Particular powers of the Commission.
The Commission shall have, in addition and without prejudice to any powers given to it under any other provision of this Act, power to do any of the following things
— (a)
to take legal proceedings for the enforcement of any provision of this Act or of any regulations made under this Act [
or in the Foyle Area
[ or the Carlingford Area ] of any law with respect to fisheries;]
(b)
to purchase or take on lease any fishery or any establishment for the artificial propagation or rearing of salmon, trout or other freshwater fish and to operate any fishery and any such establishment;
(c)
to apply and expend, subject to the provisions of this Act, all money paid to the Commission in such manner as the Commission thinks proper for the government, management, maintenance or improvement of the fisheries of the Foyle Area
[ or the Carlingford Area ] ;
(d)
to execute such works and do such things as the Commission considers expedient for the purpose of its functions.
3. Special powers during transitional period.
— (1) Notwithstanding anything contained in this Act, the Commission may at its discretion, during the transitional period, control, manage and deal with the fishing in that part of the tidal waters of the Foyle Area vested in the Ministry and the Minister which lies between an imaginary straight line drawn across the River Foyle to join the points where the southernmost boundary of the county of Londonderry meets the river on each side and the defined mouth of the river.
(2) The transitional period for the purpose of this paragraph shall be the period of three years commencing on the establishment date or such longer period as the Ministry and the Minister may from time to time fix by agreement. Paras. 4 ‐ 14 rep. by SI 1999/859
15. Power to acquire and dispose of land.
The Commission may purchase and take on lease such land and build, equip and maintain such premises as it considers necessary for the performance of its functions and may sell or lease any such land or premises no longer required by it for that purpose.
Paras. 16 ‐ 19 rep. by SI 1999/859
Schedule 4 rep. by SI 1999/859
FIFTH SCHEDULE
Section 55.
FORM OF APPOINTMENT OF RIVER WATCHER UNDER SECTION 55
I, A. B. (or we, A. B. and C. D., as the case may be) of (name the place or places of residence),
do hereby appoint E. F., of
(name the place of his residence),
a river watcher to protect the fishery of
(name the fishery, river, or sea coast, as the case may be),
pursuant to the Foyle Fisheries Act (Northern Ireland), 1952; and the said E. F., of
(name the place of his residence),
is hereby authorised to do all lawful acts as such river watcher according to the provisions of the said Act.
(Signed)
To all whom it may concern.
I, the undersigned resident magistrate, do hereby approve of the above appointment.
