Statutory Rule 1999 No. 483

Foyle Area (Control of Fishing) Regulations 1999

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© Crown Copyright 1999

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Crown copyright 1999
with the permission of the Controller of Her Majesty's Stationery Office

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The text of this Internet version of the Statutory Rule has been prepared to reflect the text as it was Made. The authoritative version is the Government Printer for Northern Ireland copy published by The Stationery Office Limited as the Foyle Area (Control of Fishing) Regulations 1999, ISBN 0 337 93762 1, £2.00 sterling. For details of how to obtain an official copy see How to obtain The Stationery Office Limited titles.

The Foyle Fisheries Commission, in exercise of the powers conferred on it under section 13 of the Foyle Fisheries Act 1952[1] and section 13 of the Foyle Fisheries Act (Northern Ireland) 1952[2] with the approval of the Minister for the Marine and Natural Resources[3] in the Republic of Ireland and the Department of Agriculture for Northern Ireland[4] hereby makes the following Regulations:

Citation and commencement
1. These Regulations may be cited as the Foyle Area (Control of Fishing) Regulations 1999 and shall come into operation on 31st December 1999.

Interpretation
2. In these Regulations - 
 

"angling" means the use of rod and line for the purpose of taking salmon, sea trout or brown trout;

"netting" means the use of any net for the purpose of taking salmon or sea trout;

"the River Faughan Fish Counter" means the automatic fish counter situated in the townland of Campsie in the County of Londonderry;

"the River Roe Fish Counter" means the automatic fish counter situated in the townland of Drumballydonaghy, in the County of Londonderry;

"the River Roe Gauging Station" means the Department of Agriculture for Northern Ireland River Agency Gauging Station situated in the townland of Ardnargle in the County of Londonderry;

"salmon" includes all fish of the salmon species and the spawn and fry thereof but does not include sea trout or the spawn and fry thereof;

"Sion Mills Fish Counter" means the automatic fish counters situated at Sion Mills Weir in the County of Tyrone; and

"the Sion Mills River Gauging Station" means the Department of Agriculture for Northern Ireland River Agency Gauging Station situated on the River Mourne in the townland of Drummaboy in the County of Tyrone.

(a) during the period 1st July to 10th July, both dates inclusive, the water level on the River Mourne recorded by the Sion Mills River Gauging Station rises above the reading prescribed by item 1 of Column 1 of the Schedule and the number of salmon which have migrated upstream of Sion Mills Fish Counter during the period 1st May to 30th June, both dates inclusive, has not exceeded the number of salmon prescribed in Column 2 opposite that reading;

(b) during the period 11th July to 29th July, both dates inclusive, the water level on the River Mourne recorded by the Sion Mills River Gauging Station rises above the reading prescribed by item 2 of Column 1 of the Schedule and the number of salmon which have migrated upstream of Sion Mills Fish Counter during the period 1st May to 10th July, both dates inclusive, has not exceeded the number of salmon prescribed in Column 2 opposite that reading;
 

    (2) A declaration under this paragraph shall suspend - 
 

(a) angling and netting on the River Foyle, Lough Foyle and the waters seaward of Lough Foyle for a period of 48 hours from the time specified in the declaration; and

(b) angling on the River Mourne and the River Strule and their tributaries for a period of 48 hours from the time specified in the declaration.
 

(a) during the period 1st July to 10th July, both dates inclusive, the water level on the River Mourne recorded by the Sion Mills River Gauging Station rises above the reading prescribed by item 3 of Column 1 of the Schedule and the number of salmon which have migrated upstream of Sion Mills Fish Counter during the period 1st May to 30th June, both dates inclusive, has not exceeded the number of salmon prescribed in Column 2 opposite that reading;

(b) during the period 11th July to 29th July, both dates inclusive, the water level on the River Mourne recorded by the Sion Mills River Gauging Station rises above the reading prescribed by item 4 of Column 1 of the Schedule and the number of salmon which have migrated upstream of Sion Mills Fish Counter during the period 1st May to 10th July, both dates inclusive, has not exceeded the number of salmon prescribed in Column 2 opposite that reading;
 

    (2) A declaration under this paragraph shall suspend - 
 

(a) angling and netting on the River Foyle, Lough Foyle and the waters seaward of Lough Foyle for a period of 24 hours from the time specified in the declaration;

(b) angling on the River Mourne and the River Strule and their tributaries for a period of 24 hours from the time specified in the declaration.
 

6.  - (1) Any period of suspension declared in relation to any waters under regulations 3, 4 or 5 shall - 
 

(a) fall outside the weekly close time (if any) for those waters; and

(b) not take effect less than 6 hours after the publication of the certificate containing the declaration.
 

(a) for a period of 24 hours under regulation 4(2), any further period of suspension under paragraphs 3(2) and 4(2) in the same season in relation to those waters shall not exceed 24 hours;

(b) for a period of 48 hours under regulation 3(2), no further declaration of a period of suspension under paragraphs 3(2) and 4(2) shall be made in the same season in relation to those waters.
 

(a) during the period 1st May to 15th September, both dates inclusive, in any year, the number of salmon which have migrated upstream of Sion Mills Fish Counter has not exceeded 7,000, it shall declare angling on the Rivers Mourne and Strule and their tributaries suspended from the next following 11th October until the beginning of the next following annual close season for angling in those waters;

(b) during the period 1st May to 15th September, both dates inclusive, in any year, the number of salmon which have migrated upstream of the River Roe Fish Counter has not exceeded 1,000, it shall declare angling on the River Roe suspended from the next following 11th October until the beginning of the next following annual close season for angling in those waters;

(c) during the period 1st May to 15th September, both dates inclusive, in any year, the number of salmon which have migrated upstream of the River Faughan Fish Counter has not exceeded 1,000, it shall declare angling on the River Faughan suspended from the next following 11th October until the beginning of the next following annual close season for angling in those waters.
 

(a) the River Foyle, Lough Foyle and the water seaward of Lough Foyle; or

(b) the River Roe,
 

    (2) A person shall not use a rod and line for the purpose of taking salmon or sea trout in - 
 

(a) the Rivers Mourne, Strule and their tributaries; or

(b) the River Roe;

(c) the River Faughan,
 

Declarations
9.  - (1) A declaration made under these Regulations shall be made by certificate under the hand of the Chief Executive of the Commission and published in such manner as he thinks appropriate.

    (2) A declaration made under these Regulations in relation to any water shall state the grounds on which it is made and, in particular,
 

(a) the relevant salmon count in the water;

(b) the relevant water level recorded; and

(c) the time when the water level was recorded.
 

    (2) Where any of the fish counters referred to in these Regulations ceases to operate for a total of less than 5 days during any of the periods referred to in Regulations 3, 4, 5 or 7, the Commission shall calculate the average count of salmon recorded by such fish counter for each complete day during the period when the counter was operating and add the daily average count to the total recorded count of salmon for each complete day during the period when the said counter was not operating and for any purpose of these Regulations the resulting figure shall be deemed to be the number of salmon which have migrated upstream of the fish counter during the period in question.
 
 

Given under the Common Seal of the Foyle Fisheries Commission on
 

26th November 1999.

L.S.
 

M. Mullan
Member of the Commission appointed by the Minister for the Marine and Natural Resources
 

The Minister of the Marine and Natural Resources hereby approves the foregoing Regulations
 
 

Sealed with the Official Seal of the Minister for the Marine and Natural Resources on
 

26th November 1999

L.S.
 

P. McHale
A person authorised by the Minister for the Marine and Natural Resources to authenticate the Official Seal of the Minister
L.S.
 

H. T. Hutley
Member of the Commission appointed by the Department of Agriculture for Northern Ireland
 

The Department of Agriculture for Northern Ireland hereby approves the foregoing Regulations
 
 

Sealed with the Official Seal of the Department of Agriculture for Northern Ireland on
 

29th November 1999

L.S.
 

G. Lavery
Assistant Secretary

Department of Agriculture for Northern Ireland

These regulations replace the Foyle Area (Control of Fishing) Regulations 1977.

They provide for the suspension of angling and netting on waters in the Foyle Area for the purpose of securing improved escapement of salmon into the catchment during times of flood.

The regulations also stipulate the conditions under which angling on the Rivers Faughan, Mourne, Roe and Strule and their tributaries may be terminated from 11th October if the number of salmon counted going upstream are below predetermined numbers.

[1] No. 5 of 1952 (Republic of Ireland)back

[2] 1952 c. 5 (N.I.)back

[3] See 1962 c. 5 (N.I.), Section 2(2)back

[4] S.R. & O. (N.I.) 1963 No. 29 Art. 2(2) and Sch. Part IIback