Fisheries (Amendment) Byelaws (Northern Ireland) 2007 (S.R. No. 471 of 2007)

S T A T U T O R Y R U L E S O F N O R T H E R N I R E L A N D 2007 No. 471 FISHERIES Fisheries (Amendment) Byelaws (Northern Ireland) 2007 Made - - - - 9th November 2007 Coming into operation - 1st January 2008 The Fisheries Conservancy Board for Northern Ireland, makes the following Byelaws, in exercise of the powers conferred on it by sections 26(1), 37, 51(2), 52(2), 70(1) and (2), 71(2)(g), 72(1), 89, 95, 97, 114(1)(b) and 115(1)(b) of the Fisheries Act (Northern Ireland) 1966(a), and with the approval of the Department of Culture, Arts and Leisure(b): Citation and commencement 1. These Byelaws may be cited as the Fisheries (Amendment) Byelaws (Northern Ireland) 2007 and shall come into operation on 1st January 2008. Amendment of the Fisheries Byelaws (Northern Ireland) 2003 2. The Fisheries Byelaws (Northern Ireland) 2003(c) shall be amended as provided in Byelaws 3 to 7. Licence duties and fees 3. For Schedule 3 (FISHING ENGINES AND LICENCE DUTIES) there shall be substituted the following Schedule: (a) 1966 c. 17 (N.I.); section 26(1) was amended by Article 8 (3) of the Fisheries (Amendment) (Northern Ireland) Order 1991 (S.I.1991/1466 (N.I. 13)) and by section 5 of the Fisheries (Amendment) Act (Northern Ireland) 2001 (2001 c. 4 (N.I)); section 37 was substituted by section 1 of, and Schedule 1 to, the Fisheries (Amendment) Act (Northern Ireland) 1968 (1968 c. 31 (N.I.)) and was amended by Article 9 of the Fisheries (Amendment) (Northern Ireland) Order 1991 and by section 6 of the Fisheries (Amendment) Act (Northern Ireland) 2001; sections 51(2), 52(2) and 72(1) were amended by S.R. 1983 No. 100; sections 114(1) (b) and 115 (1)(b) were amended by paragraph 5 of Schedule 3 to the Fisheries (Amendment) (Northern Ireland) Order 1991 (b) Functions transferred by virtue of S.R. 1999 No. 481 Article 3 and Schedule 1 (c) S.R. 2003 No. 525 as amended by S.R. 2004 No. 504, by S.R. 2005 No. 548 and S.R. 2006 No. 517 2 “SCHEDULE 3 Byelaws 6, 7 and 10 FISHING ENGINES AND LICENCE DUTIES PART I LICENCES TO FISH WITH ROD AND LINE AND HAND LINE Fishing Licence (1) Duty (2) Season game fishing rod licence £16.50 Fourteen day game fishing rod licence £8.50 Three day game fishing rod licence £3.50 Concessionary season fishing rod licence £5.00 Juvenile season fishing rod licence £2.00 Amount payable by the holder of a current Foyle, Carlingford and Irish Lights game fishing rod and line licence for a game fishing rod licence £1.00 Season coarse fishing rod licence £16.50 Fourteen day coarse fishing rod licence £8.50 Three day coarse fishing rod licence for use by the holder of a three day coarse fishing permit issued by the Department of Culture, Arts and Leisure to fish in waters in which the Department has the fishing rights £3.50 PART II LICENCES FOR FISHING ENGINES OTHER THAN ROD AND LINE OR HAND LINE Fishing Licence (1) Duty (2) Licence for a draft net for the capture of salmon and freshwater fish on Lough Neagh £125.00 Licence for a single wall set net or trammel net for the capture of trout or rainbow trout in Lough Neagh per 91 metres (100 yards) £16.50 Licence for a single wall set net or trammel net for the taking of freshwater fish other than trout or rainbow trout, per 91 metres (100 yards) £16.50 Licence for a bait net for the taking of freshwater fish other than trout or rainbow trout for use as bait – per net £5.00 Licence for a fixed tidal draft net £395.50 3 Licence for a tidal draft net £328.00 Drift net licence for the taking of salmon in the sea £328.00 Licence for a bag net used in tidal waters £740.00 PART III Dealer’s licence £48.50” List of waters where there is no close season for rainbow trout 4. In Schedule 6 in the list of rainbow trout waters where there is no annual close season for angling for rainbow trout — (a) under the heading County Down there shall be inserted before the reference to “Lower Ballysallagh Reservoir” a reference to “Loughinisland Lake, Downpatrick”; Amendments to fishing licence conditions and format 5. In Byelaw 4, after paragraph (6) there shall be inserted — “(6A) A licence issued under paragraph (1) for angling shall, in addition to the conditions mentioned in paragraph (5), be subject to the following condition— (a) the licence is valid only if the date of birth of the licence-holder is entered thereon. ” 6. For Schedule 1 (ANGLING LICENCE) there shall be substituted the following Schedule: 4 “SCHEDULE 1 Byelaw 4(7) Angling Licence FISHERIES CONSERVANCY BOARD FOR NORTHERN IRELAND FISHERIES ACT (NORTHERN IRELAND) 1966 LICENCE for a for 20 Surname All forenames Home address Dated this day of 20 at hours minutes am/pm LICENCE DUTY PAID: DATE OF BIRTH: *[Signed Distributor] Signed Licence-holder Conditions 1. This licence is valid only if signed by the *[distributor and] licence-holder and if the actual date and time that the licence is issued and the surname, all the forenames and date of birth of the licence-holder are entered thereon. 2. This licence is issued subject to the provisions contained in the Fisheries Act (Northern Ireland) 1966 and in Byelaws made under that Act. Copies of the Act and Byelaws can be obtained from: The Stationery Office, 16 Arthur Street, BT1 4GD. 3. This licence is valid *[only for the calendar year of issue] *[from to ]. *Delete as appropriate” ” Revocation 7. In the Fisheries (Amendment) Byelaws (Northern Ireland) 2006(a), Byelaw 3 is revoked. Sealed with the Official Seal of the Fisheries Conservancy Board on 2nd November 2007. Dr. R. Hanna Chairman K. A. Simpson (Mrs) Secretary The Department of Culture, Arts and Leisure hereby approves the foregoing Byelaws. Sealed with the Official Seal of the Department of Culture, Arts and Leisure on 9th November 2007. (a) S.R. 2006 No. 517 5 M.Cory A senior officer of the Department of Culture, Arts and Leisure 6 EXPLANATORY NOTE (This note is not part of the Byelaws) These Byelaws amend the Fisheries Byelaws (Northern Ireland) 2003. The principal changes are as follows:– 1. The Byelaws increase the licence duties payable from 1st January 2008 for some fishing rod licences and some commercial fishing engines used for the taking of salmon and freshwater fish other than eels, together with the fee payable for a licence which authorises the holder to buy and sell salmon, trout and eels (Byelaw 3). The new licence fee rates for 2008 and the size of the increases are set out below:– Previous Rate New Rate Increase £ £ £ Season game fishing rod licence 16.00 16.50 0.50 Fourteen day game fishing rod licence 8.00 8.50 0.50 Three day game fishing rod licence 3.50 3.50 0.00 Concessionary season fishing rod licence 5.00 5.00 0.00 Juvenile season fishing rod licence 2.00 2.00 0.00 Amount payable by the holder of a current Foyle, Carlingford and Irish Lights game fishing rod and line licence for a game fishing rod licence 1.00 1.00 0.00 Season coarse fishing rod licence 16.00 16.50 0.50 Fourteen day coarse fishing rod licence 8.00 8.00 0.00 Three day coarse fishing rod licence for use by the holder of a three day coarse fishing permit issued by the Department of Culture, Arts and Leisure to fish in waters in which the Department has the fishing rights. 3.50 3.50 0.00 Licence for a draft net for the capture of salmon and freshwater fish on Lough Neagh 119.50 125.00 5.50 Licence for a single wall set net or trammel net for the capture of trout or rainbow trout in Lough Neagh per 91 metres (100 yards) 16.00 16.50 0.50 Licence for a single wall set net or trammel net for the taking of freshwater fish other than trout or rainbow trout per 91 metres (100 yards) 16.00 16.50 0.50 Licence for a bait net for the taking of freshwater fish other than trout or rainbow trout for use as bait – per net 5.00 5.00 0.00 Licence for a fixed tidal draft net 378.50 395.00 16.50 Licence for a tidal draft net 314.00 328.00 14.00 7 Previous Rate New Rate Increase £ £ £ Drift net licence for the taking of salmon in the sea 314.00 328.00 14.00 Licence for a bag net used in tidal waters 709.00 740.00 31.00 Dealer’s licence 46.50 48.50 2.00 2. The Byelaws designate a water as a rainbow trout water for the purposes of Byelaw 73(2)(b) of the Fisheries Byelaws (Northern Ireland) 2003 which provides that there shall be no close season for angling for rainbow trout in waters so designated (Byelaw 4). 3. The Byelaws provide that the conditions under which an angling licence is issued and the format of an angling licence are amended to include an entry for the holder’s date of birth (Byelaws 5 and 6). 4. The Byelaws revoke Byelaw 3 of the Fisheries (Amendment) Byelaws (Northern Ireland) Published and printed in the UK by The Stationery Office Limited under the authority and superintendence of Carol Tullo, Controller of Her Majesty’s Stationery Office being the Government Printer for Northern Ireland and the Officer appointed to print the Acts of the Northern Ireland Assembly Dd. N3434. C2. 11/07. Gp. 130. 14567.