Fisheries (Amendment No. 2) Byelaws (Northern Ireland) 2004 (S.R. No. 504 of 2004)

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 2004 No. 504 FISHERIES Fisheries (Amendment No. 2) Byelaws (Northern Ireland) 2004 Made - - - - - 8th December 2004 Coming into operation 1st January 2005 The Fisheries Conservancy Board for Northern Ireland, in exercise of the powers conferred on it by sections 26(1), 37(1), 95, 114(1)(b) and 115(1)(b) of the Fisheries Act (Northern Ireland) 1966(a), with the approval of the Department of Culture, Arts and Leisure(b), hereby make the following Byelaws: Citation and commencement 1. These Byelaws may be cited as the Fisheries (Amendment No. 2) Byelaws (Northern Ireland) 2004 and shall come into operation on 1st January 2005. 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. Annual close seasons for angling for salmon or trout 3. In Byelaw 76 for the word “begimming” there shall be substituted the word “beginning”. Licence duties and fee 4. 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 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. 74 “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 Duty (1) (2) £ Season game fishing rod licence . . . . . . . . . . . . . . . . . . . . . . . . . 15·50 Fourteen day game fishing rod licence . . . . . . . . . . . . . . . . . . . . 7·50 Three day game fishing rod licence . . . . . . . . . . . . . . . . . . . . . . 3·50 Concessionary season fishing rod licence . . . . . . . . . . . . . . . . . . 5·00 Juvenile season fishing rod licence . . . . . . . . . . . . . . . . . . . . . . . 2·00 Additional amount payable by the holder of a current Foyle, Carlingford and Irish Lights Commission game fishing rod and line licence for a game fishing rod licence . . . . . . . . . . . . . . 1·00 Season coarse fishing rod licence . . . . . . . . . . . . . . . . . . . . . . . . 15·50 Fourteen day coarse fishing rod licence . . . . . . . . . . . . . . . . . . . 7·50 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 Duty (1) (2) £ Licence for a draft net for the capture of salmon and freshwater fish on Lough Neagh. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113·00 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15·50 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15·50 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 . . . . . . . . . . . . . . . . . . . . . . . . 358·00 Licence for a tidal draft net . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 297·00 Drift net licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 297·00 Licence for a bag net used in tidal waters . . . . . . . . . . . . . . . . . . 671·00 PART III Dealer’s licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . £44·00”. 2 List of waters on which a coarse fishing rod licence is valid 5. In Schedule 4 in the list of waters on which a coarse fishing rod licence is valid – (a) under the heading County Antrim for the words “the River Lagan from Shaw’s Bridge to a line five metres downstream of the seaward extremity of, and parallel to, the Lagan Bridge” there shall be substituted the words the “River Lagan from Stranmillis Weir to one hundred and fifty metres downstream of Red Bridge”; (b) under the heading County Down the word “Money” shall be removed; and (c) under the heading County Fermanagh, and under the sub-head Loughs, for paragraph (a) there shall be substituted the following paragraph – “(a) all of Upper Lough Erne and in that part of Lower Lough Erne to the east of an imaginary line running from the nearest point on the shore of Boa Island in the townland of Pollaginnivie to Hare Island and from that point on Hare Island to the most easterly point on Bess Island and to the most easterly point of Tully Point in the townland of Tully;”. List of waters where there is no close season for rainbow trout 6. 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 after the reference to “Derryleckagh Lake” a reference to “Donaldson’s Lake, Holywood”; and (b) under the heading County Fermanagh there shall be inserted after the reference to “Lough Coolyermer” a reference to “Lough Corranny”. Revocation 7. The Fisheries (Amendment) Byelaws (Northern Ireland) 2004(a) are hereby revoked. Sealed with the Common Seal of the Fisheries Conservancy Board for Northern Ireland on 6th December 2004. (L.S.) R. J. Hanna Chairman (L.S.) 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 8th December 2004. (L.S.) N. Carson A senior officer of the Department of Culture, Arts and Leisure 3 (a) S.R. 2004 No. 74 EXPLANATORY NOTE (This note is not part of the Byelaws.) These Byelaws amend the Fisheries Byelaws (Northern Ireland) 2003 and revoke the Fisheries (Amendment) Byelaws (Northern Ireland) 2004. The principal changes are as follows: 1. Byelaw 4 increases the licence duties payable from 1st January 2005 for fishing with rod and line and hand line for salmon and freshwater fish and for 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. The new rates of licence duties and fee, and the size of the increase, where applicable, are set out below: Previous New Increase rate rate £ £ £ Season game fishing rod licence 15.00 15.50 0.50 Fourteen day game fishing rod licence 7.50 7.50 0.00 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 Commission game fishing rod and line licence for a game fishing rod licence 1.00 1.00 0.00 Season coarse fishing rod licence 15.00 15.50 0.50 Fourteen day coarse fishing rod licence 7.50 7.50 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 110.00 113.00 3.00 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) 15.00 15.50 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) 15.00 15.50 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 348.50 358.00 9.50 Licence for a tidal draft net 289.00 297.00 8.00 Drift net licence 289.00 289.00 8.00 Licence for a bag net used in tidal waters 653.00 671.00 18.00 Dealer’s licence 43.00 44.00 1.00 4 2. Byelaw 5 amends the references to the River Lagan and Lower Lough Erne in Schedule 4 (list of waters on which a coarse fishing rod licence is valid) and removes Lough Money from the Schedule. 3. Byelaw 6 designates two waters as rainbow trout waters for the purposes of Byelaw 73(2)(b), which provides that there shall be no close season for angling for rainbow trout in waters so designated. 5 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. N1820. C3. 12/04. Gp. 130. 14567. © Crown Copyright 2004 £3·00 Published by The Stationery Office Limited 9 780337 957680 ISBN 0-337-95768-1