2014 No. 15
Salmon Netting Regulations (Northern Ireland) 2014
Made
Coming into operation
The Department of Culture, Arts and Leisure1, in exercise of powers conferred by section 26(1) of the Fisheries Act (Northern Ireland) 19662 and now vested in it, and being a department designated3 for the purposes of section 2(2) of the European Communities Act 19724 in relation to the environment, in exercise of the powers conferred upon it by that section, makes the following Regulations.
Citation and commencementI11
These Regulations may be cited as the Salmon Netting Regulations (Northern Ireland) 2014 and come into operation on 1st March 2014.
InterpretationI22
In these Regulations—
-
“bag net” means a net consisting of a single wall of netting and leader, one end fixed to the shore and running seawards to a floating fixed trap or cage of netting, enclosed on all sides, bottom and top, except at the entrance from the leader; and with one or more sets of inscales and described in a Certificate issued under the Salmon Fishery (Ireland) Act 18635 as a bag net;
-
“draft net” means a net consisting of a single sheet or wall of netting loosely hung on ground and head ropes with the outer ends or wings leading to a funnel and a bag or tail into which the catch is drafted or hauled;
-
“drift net” means a net consisting of a single sheet or wall of netting loosely hung on cork and sole ropes;
-
“drift net licence” means a fishing licence authorising the use of drift nets for the taking of salmon in the sea;
-
“tidal draft net” means a net used in tidal waters consisting of a single sheet or wall of netting loosely hung on ground and head ropes into which the catch is drafted or hauled;
Prohibition of bag nets and draft nets for salmon fishing
I33
Subject to regulation 9, the use of bag nets, draft nets and tidal draft nets for fishing for salmon is prohibited.
I44
A person fishing under the authority of a draft net licence for the taking of freshwater fish on Lough Neagh shall cause any salmon so taken by him to be returned immediately, without avoidable injury, to the water from which it was taken.
Compensation
I55
The Department may pay such compensation as it may determine by notice, in writing, to a person who has held a bag net, drift net, draft net or tidal draft net licence in any one of the 3 calendar years immediately preceding the coming into operation of these Regulations and who has suffered loss of income in respect of salmon fishing.
I66
Before making any determination under regulation 5, the Department may require the licence holder to provide such evidence of his loss of income as it thinks fit.
Appeals
I77
Where a licence holder is aggrieved by a determination made under regulation 5, he may appeal to the county court within a period of 28 days beginning with the date on which the date on which the notice of determination was sent to him.
I88
On hearing an appeal under regulation 7, the county court shall determine the amount of compensation as though it were a determination under regulation 5.
Resumption of salmon nettingI99
1
The Department may issue a bag net or tidal draft net licence for salmon fishing only if it decides that such fishing is not likely to have an adverse impact on:
a
a Special Area of Conservation as defined under the Habitats Directive6;
b
any rivers which are not meeting such salmon management targets as may be determined and published by the Department.
2
Where the Department so decides, then, subject to paragraph (3), first preference shall be given to a person who has held a bag net or tidal draft net licence for the purposes of salmon netting in any one of the 3 calendar years immediately preceding the coming into operation of these Regulations.
3
A person mentioned in paragraph (2) may by written notice given to the Department, nominate another person in his place.
Sealed with the Official Seal of the Department of Culture, Arts and Leisure on 21st January 2014.
(This note is not part of the Regulations)