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FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - LONG TITLE

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{1}.
[25th March 1952]
PART I

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 1

1. This Act may be cited as the Foyle Fisheries Act (Northern
Ireland), 1952.

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 2
Interpretation.

2.(1) In this Act

"the Advisory Council" means the Advisory Council for the Foyle Area
established under section twenty-one;

"authorised person" has the meaning given to it by section
fifty-three;

"the Commission" means the Foyle Fisheries Commission established by
section eleven;

["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
as amended by any subsequent enactment];

"fishery rate" means a rate under section twenty-two;

"fishery year" means the period of twelve months commencing on the
first day of October in any year;

"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, 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;

"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 art.10(4) sch. 5

["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

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 3
The Foyle Area.

3.(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.

(2) Judicial notice shall be taken of the boundaries of the Foyle
Area.

S.4 rep. by 1966 c.17 (NI) s.211 sch.8

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 5
Laying of accounts and reports before Parliament.

5. The Ministry shall cause to be laid before each House of
Parliament a copy of the accounts of the Commission for each year
audited in accordance with paragraph 17 of the Third Schedule to
this Act, and of the report of the auditors thereon, and a copy
of the annual report furnished to it by the Commission.

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 6
Deposit of copies of orders and regulations.

6. A copy of every order or regulation made under this Act shall
be deposited

[(a)with the chief clerk for every county court division which or
part of which is situate in the Londonderry Area;]

(b)with the clerk of every petty sessions district which or part of
which is situate in the Londonderry Area; and

(c)in every Royal Ulster Constabulary Barracks situate in the
Londonderry Area.

S.7 rep. by SLR 1976

Power to acquire fishing rights, etc.

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 8

8.(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, 1863.

(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

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 9
Exemption from stamp duties.

9.(1) Section twelve of the Finance Act, 1895, 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), 1936, shall
not apply to the vesting agreement or to any instrument executed in
pursuance thereof.

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 10

10. Commencement

Establishment of Foyle Fisheries Commission.

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 11

11.(1) There is hereby established a body to be known as the Foyle
Fisheries Commission.

(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 generally.

(3) The provisions of the Third Schedule to this Act shall apply
to the Commission.

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 12
Exemption from rates and taxes.

12.(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 art.12 sch.2

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 13
Regulations.

13.(1) The Commission may, with the approval of the Ministry and
the Minister, 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, 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, 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.

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.

(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.

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 14
Restriction on number of licences.

14.(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 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.

Annual Estimate.

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 15

15. The Commission shall furnish to the Ministry on or before the
thirtieth day of November in every fishery year an estimate of its
income and expenditure for that year.

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 16
Grants.

16.(1) There may be paid to the Commission, out of moneys provided
by Parliament, a grant or grants of such amount as the Ministry,
with the concurrence of the Ministry of Finance, may sanction
towards the expenses of the Commission for any fishery year.

(2) In determining the amount of a grant under this section for a
particular fishery year the Ministry shall have regard to the amount
of any grant paid or to be paid to the Commission by the Minister
for that year.

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 17
Advances.

17.(1) For the purpose of enabling the Commission to exercise or
perform its functions, the Ministry may, with the concurrence of the
Ministry of Finance, make advances from time to time to the
Commission, out of moneys provided by Parliament.

(2) A sum advanced under this section shall be repayable on such
terms as may, with the concurrence of the Ministry of Finance, be
agreed between the Ministry and the Commission.

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 18
Power of the Commission to borrow temporarily.

18. The Commission may borrow temporarily by arrangement with bankers
such sums as it may from time to time require, up to an amount
not exceeding such amount as may from to time be approved by the
Ministry and the Minister.

Dissolution of Londonderry Board.

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 19

19.(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

Establishment and functions of Advisory Council.

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 21

21.(1) There shall be an Advisory Council for the Foyle Area.

(2) The functions of the Advisory Council shall be to watch over
the interests of the holders of fishing licences and the occupiers
of fisheries in the Foyle Area, to make such suggestions and
representations as it thinks proper to the Commission in relation to
any of the Commission's functions, and to advise the Commission upon
any matter referred to it by the Commission.

(3) The provisions of the Fourth Schedule to this Act shall apply
to the Advisory Council.

Rates on Fisheries.

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 22

22.(1).... in every... fishery year, the Commission shall, on or
before the thirty-first day of December, make a rate of an amount
equal to [seven pence] in the pound on every fishery (other than a
fishery of which the Commission is the occupier) in the Londonderry
Area on the net annual value thereof appearing in [the valuation
list maintained under the Rates (Northern Ireland) Order 1977 as in
force at the commencement of the fishery year in question].

(2) Every rate under this section shall be paid by the several
persons liable therefor in two moieties on the first day of April
and the first day of September in the fishery year for which the
rate is payable and shall be so paid over and above all or any
licence fees paid by those persons under this Act for that or any
other fishery year.

(3) A person who is liable to be rated under this Act in respect
of a fishery shall, in respect of that fishery, be exempt from
liability for [regional rate and district rate].

Subs.(4) rep. by 1972 NI 22 art.12 sch.2

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 23
Liability of occupier for fishery rate.

23. The occupier of a fishery shall be liable to pay the fishery
rate in respect of the fishery.

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 24
Collection of fishery rate.

24. Fishery rate shall be collected by such persons as the
Commission may from time to time appoint, adequate security being
taken by the Commission from the persons so appointed for the due
accounting for the rate collected, and the costs of the collection
of the rate shall be part of the expenses of the Commission.

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 25
Recovery of fishery rate.

25.(1) Fishery rate may be recovered at the suit of the Commission
as a simple contract debt in any court of competent jurisdiction.

(2) If any sum due in respect of fishery rate is not paid within
one month after the date on which it is required by sub-section
(2) of section twenty-two to be paid, such sum shall be recoverable
(at the option of the person entitled by law to collect and
recover it) from the occupier or from any other person who, when
such fishery rate was made or at any subsequent time, held, used
or occupied the said fishery or any part thereof and, if such
last-mentioned person is a tenant of the occupier, he may, unless
the contract of tenancy provides for the payment of fishery rate by
the tenant, deduct the amount of any fishery rate so recovered from
him from any rent payable to the occupier.

S.26 rep. by SLR 1976

Close seasons and close time.

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 27

27.(1) The annual close season in the Foyle 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 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 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, 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.

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 28
Fishing during close seasons.

28. 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,

Fishing during close time.

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 29

29. 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.

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 30
Obstruction of salmon and trout.

30.(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.

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 31
Removal of fixed engines during close season and close time.

31.(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.

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 32
Removal of nets from banks of rivers during close season.

32. 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.

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 33
Use of nets during close season or close time.

33. 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,

Prohibition of sale, etc., of salmon and trout unlawfully captured.

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 34

34.(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 twenty-five
pounds, 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,

S.35 rep. by 1966 c.17 (NI) s.211 sch.8

Restrictions on use of nets.

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 36

36. 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,

Mesh of nets for the taking of salmon in the sea and tideways.

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 37

37.(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.

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 38
Use of salmon nets near mouths of rivers.

38.(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.

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 39
Restriction on possession of unlawful net, etc.

39.(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,

Penalty for use or possession of deleterious matter.

[

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 40

40.(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 one hundred
pounds, or to imprisonment for a term not exceeding six months or
to both such fine and such imprisonment;

(b)on conviction on indictment to a fine not exceeding five hundred
pounds or to imprisonment for a term not exceeding two years or to
both such fine and such imprisonment.

(5) Orders shall not be made under section one or section five of
the Probation Act (Northern Ireland), 1950, in respect of any
offence under this section and, accordingly,... residue amends sch.1
to 1950 c.7 (NI).][

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 41
Penalty for pollution.

41.(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

(a)to a fine not exceeding fifty pounds; or

(b)where it is shown to the satisfaction of the court that the
offence was substantially a repetition or continuance of an earlier
offence by him after he had been convicted of the earlier offence,
to imprisonment for a term not exceeding six months either in
addition to or in lieu of such a fine.

(2) Nothing in sub-section (1) shall operate to penalise

Para.(a) rep. by 1966 c.17 (NI) s.211 sch.8

(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.]

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 42
Penalty for using, etc., certain devices for taking fish.

42.(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 one hundred pounds or to imprisonment for any
term not exceeding [six] months or to both such fine and such
imprisonment.

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 43
Fishing for salmon or trout in a river by cross lines.

43. 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.

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 44
Damming, etc., river or mill race for purpose of taking salmon or
trout.

44. 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.

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 45
Taking fish unlawfully killed or found dead.

45.(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,

(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.

Taking, etc., spawn, smolts or fry of salmon or trout.

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 46

46. 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,

Disturbing fish on spawning beds.

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 47

47. 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.

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 48
Penalties for taking, buying, etc., unseasonable salmon or trout.

48.(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 one hundred pounds 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.

Obstructing persons lawfully fishing.

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 49

49. 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.

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 50
Placing fishing engine with intent to prevent fish entering nets
lawfully set.

50. 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.

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 51
Giving warning to persons unlawfully fishing.

51. 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.[

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 51A
Use of boat or vehicle as aid to commission of offence.

51A.(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, 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 one hundred
pounds, or to imprisonment for a term not exceeding six months or
to both such fine and such imprisonment;

(b)on conviction on indictment, to a fine not exceeding five hundred
pounds 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.]

Appointment

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 52

52.(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.

(Signed) A. B."

(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.

Definitions.

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 53

53. 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.

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 54
Appointment of inspectors and river watchers.

54.(1) The Commission may by instrument under its common seal
appoint a person to be

(a)an inspector, or

(b)a river watcher,

(2) An instrument under this section shall not be subject to stamp
duty.

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 55
Appointment of river watchers by persons interested in fisheries.

55.(1) Each of the following persons

(a)any person interested in the preservation of the fish of any
river in the Londonderry 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,

(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 ten pounds.

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 56
Limitations on exercise of powers.

56.(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.

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 57
Warrant for exercise of powers.

57. 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.

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 58
General powers.

58.(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.

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 59
Power of justice of the peace to grant warrant to enter certain
places.

59.(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.

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 60
Boarding and examination of fishing vessels.

60.(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

(a)board such vessel,

(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.

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 61
Apprehension of offenders.

61.(1) If, within the Foyle 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,

(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.

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 62
Powers in relation to fishing engines, etc.

62. 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,

Powers of inspection, examination, and detention.

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 63

63.(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].[

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 64
Procedure for disposal of boat or fishing engine seized.

64. 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, 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.]

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 65
Protection of authorised persons.

65. 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.

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 66
Penalty for assaulting or obstructing authorised persons.

66. 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 twenty pounds or to imprisonment
for any term not exceeding two months or to both such fine and
such imprisonment.

Application of penal provisions of Act.

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 67

67. The provisions of this Act relating to offences apply to

(a)acts and omissions in the Londonderry Area by any person, and

(b)acts and omissions in any part of the Foyle Area by a person
resident in Northern Ireland.

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 68
Penalties for offences.

68.(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 fifty
pounds 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.

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 69
Saving for acts done for artificial propagation, scientific purposes
or improvement of fisheries.

69. 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.

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 70
Residence of body corporate.

70. 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.

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 71
Offences by bodies corporate.

71. 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.

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 72
Trial of offences.

72. 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.

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 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.

73.(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,

(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.

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 74
Forfeiture of licences.

74.(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.

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 74

74.(1)(b)This sub-section applies to

(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, and, notwithstanding
the provisions of any statutory instrument, such a certificate shall
not be subject to any stamp.]

(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.

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 75
Forfeiture of boats, fishing engines, etc., as statutory consequence
of conviction.

75. 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.

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 76
Non-obligation of Court to pronounce or record forfeiture.

76. 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.

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 77
Disposal of fines.

77.(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.

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 78
Disposal of forfeitures.

78.(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.

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 79
Proof of regulations, bye-laws, etc.

79.(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 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, 1868, 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.

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 80
Inquiries.

80.(1) The Commission may from time to time hold an inquiry in
relation to the fisheries of the Foyle 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.

FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 81
Powers in relation to inquiry.

81.(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,

First Schedule rep. by 1966 c.17 (NI) s.211 sch.8

The Schedule sets out details of the sale of the fishery, including
lands, chattels, etc.

Incorporation.

1. The Commission shall be a body corporate with perpetual
succession and a common seal and power to sue and be sued and to
acquire and hold land...2. 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 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;

(d)to execute such works and do such things as the Commission
considers expedient for the purpose of its functions.3.(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.4. Any surplus moneys for the time
being in the hands of the Commission shall be disposed of by it
in such manner as the Ministry and the Minister may from time to
time jointly direct.5. The Commission shall consist of four members,
of whom two shall be senior members and two shall be junior
members.6.(1) One senior and one junior member shall be appointed by
the Ministry and the other senior member and junior member shall be
appointed by the Minister.

(2) Each member, except a member appointed to fill a casual
vacancy, shall be appointed for a period of five years.

(3) If a casual vacancy occurs amongst the members, the authority
who appointed the outgoing member shall appoint a person to fill
the vacancy.

(4) The person so appointed shall hold office for the remainder of
the period for which his predecessor, if he had continued to be a
member, would have held office.

(5) An outgoing member may be re-appointed.7.(1) The first chairman
of the Commission shall be such senior member as the members may
elect. In the event of a tie, he shall be chosen by lot.

(2) The first chairman shall hold office until the end of the
first year of his term of office as a member.

(3) At the end of that year, the other senior member shall be
chairman for a period of one year and thereafter the office shall
be held in rotation for one year by the senior members.

(4) If a person ceases to be a member during his term of office
as chairman, the person appointed as a member in his place shall
hold office as chairman for the remainder of that term.8.(1) The
Commission shall have a secretary.

(2) [The Commission may with the approval of the Ministry and the
Minister appoint or remove a secretary and, if no secretary is for
the time being appointed,] the secretary shall be the junior member
who was appointed to the Commission by the authority other than
that by whom the senior member who is the chairman for the time
being was appointed.9. A member may be removed from office by, and
may resign by letter addressed to, the authority by whom he was
appointed.10. The Commission shall have an office in Northern Ireland
and an office in the Republic of Ireland.11.(1) The common seal of
the Commission shall, when applied to a document, be attested by
the signature of one member appointed by the Ministry and one
member appointed by the Minister.

(2) Judicial notice shall be taken of the common seal of the
Commission and every document purporting to be an instrument made by
the Commission and to be sealed with the common seal of the
Commission and to be attested in accordance with this paragraph
shall, unless the contrary is shown, be received in evidence and be
deemed to be such instrument without further proof.12. Any contract
or instrument which, if entered into or executed by an individual,
would not require to be under seal may be entered into or executed
on behalf of the Commission by any person generally or specially
authorised by the Commission for that purpose.13.(1) The quorum for
a meeting of the Commission shall be two, of whom one shall be a
member appointed by the Ministry and the other shall be a member
appointed by the Minister.

(2) Every question at a meeting shall be decided by the votes of
the majority of those present and voting.

(3) In case of an equal division of votes at a meeting at which
all the members are present and voting, the chairman shall have a
second or casting vote.

(4) Subject to sub-paragraph (1), the Commission may act
notwithstanding vacancies in its membership.

(5) Subject to the provisions of this Schedule, the Commission may
regulate, by standing orders or otherwise, its procedure and
business.14. The Secretary shall keep minutes of the proceedings of
the Commission and each member of the Commission shall have the
right to inspect and make extracts from the minutes.15. 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.16.(1) The
Commission may employ such staff as it considers necessary for the
performance of its functions.

(2) The numbers, grades, remuneration and conditions of employment of
members of the staff shall be such as the Commission, with the
approval of the Ministry and the Minister, may determine.

(3) On the establishment date the persons who, immediately before
that date, were employed by the Londonderry Board or the board of
conservators for the Moville Fishery District shall become members of
the staff of the Commission on the same conditions as those subject
to which they were so employed.

[(4) The Commission may, with the approval of the Ministry and the
Minister, make a scheme (in this paragraph referred to as a pension
scheme) for the provision of pensions or gratuities, or pensions and
gratuities, in respect of the service of such officers or servants
of the Commission as it may think fit, and any scheme so made
shall be carried out by the Commission.

(5) The Commission may, with the approval of the Ministry and the
Minister, at any time by a subsequent pension scheme (in this
paragraph referred to as an amending scheme) amend a pension scheme
or a previous amending scheme, and any such amending scheme may be
expressed to operate retrospectively.

(6) Where an amending scheme amends a pension scheme, an officer or
servant to whom such pension scheme applies or applied may, within
six months after the coming into operation of the amending scheme,
elect not to have the amending scheme apply to him and, if he
does so elect, the amending scheme shall not apply to him.

(7) An amending scheme shall not terminate or reduce any pension
which was, immediately before the coming into force of such amending
scheme, payable under the scheme thereby amended.

(8) In this paragraph, "service" in relation to an officer or
servant means service with the Commission from the date of his
employment by the Commission and, in the case of a person who
became an officer or servant of the Commission by virtue of an
employment mentioned in sub-paragraph (3), may include his service in
that employment.]17.(1) The accounts of the Commission shall be made
up to the thirtieth day of September in each year.

(2) The accounts for each year shall be audited by an auditor
appointed by the Ministry and an auditor appointed by the Minister.

(3) The fees of auditors and the expenses of audits shall be paid
by the Commission.

(4) Copies of the audited accounts and of the report of the
auditors thereon shall, immediately after the audit, be sent by the
auditors to the Ministry and to the Minister.18. The Commission
shall annually make to the Ministry and the Minister a report of
its work during the preceding year.19. The Commission shall pay to
each of its members such travelling, maintenance and incidental
expenses incurred by him as the authority by whom he was appointed
may sanction.

Constitution.

1. The Advisory Council shall consist of

(a)elected members, and

(b)ex-officio members.2. The year 1952 and every third successive
year thereafter shall be an election year for the purpose of the
subsequent provisions of this Schedule.3.(1) In each election year
the Commission shall conduct an election of persons to be elected
members of the Advisory Council.

(2) Every person who is the holder of a fishing licence shall be
entitled to vote at an election and shall have such number of
votes as may be appropriate in accordance with a prescribed scale
based on the amount of fees paid for fishing licences for the time
being held by him.

(3) Every person who is the rated occupier of a fishery or
fisheries in the Foyle Area the total rateable valuation of which
is less than fifty pounds but not less than one pound shall also
be entitled to vote at an election and shall have such number of
votes as may be appropriate in accordance with a prescribed scale
based on the amount of fishery rate paid in respect of the fishery
or fisheries for the fishery year next preceding the election year.

(4) A person shall not be eligible for the office of elected
member of the Advisory Council unless he resides or possesses real
property in the Foyle Area.

(5) The elected members for the time being in office shall go out
of office on the completion of the election of their successors.4.
For the purposes of elections the Commission may prescribe

(a)the electoral divisions into which the Foyle Area is to be
divided,

(b)the number (not being more than nine or less than three) of
persons to be elected for each electoral division,

(c)such other provisions as it thinks proper.5.(1) Every person
(other than the Commission) who is the rated occupier of a fishery
or fisheries in the Foyle Area, the total rateable valuation of
which is fifty pounds or more, shall, subject to the provisions of
this paragraph, be an ex-officio member of the Advisory Council.

(2) A person shall not be an ex-officio member while any sum due
by him to the Commission for fishery rate remains unpaid after the
expiration of fourteen days from the date upon which it became
payable.6. A person who is convicted of an offence under the
Fisheries Acts or against this Act shall be disqualified from being
a member of the Advisory Council for the period of seven years
from the date of conviction.7.(1) The Advisory Council shall, at its
first meeting after each election and as occasion requires, elect
one of its members to be chairman and another of its members to
be vice-chairman.

(2) Subject to sub-paragraph (5), the person elected to be chairman
or vice-chairman shall, unless he sooner dies, resigns or becomes
disqualified, hold office until the election of his successor.

(3) The chairman and vice-chairman shall be eligible for re-election.

(4) The chairman or vice-chairman may at any time resign his
office.

(5) If the chairman or vice-chairman ceases to be a member of the
Advisory Council he shall cease to be chairman or vice-chairman.

(6) If, at the election of chairman or vice-chairman, there is an
equality of votes for two or more persons, one of those persons
shall be elected by lot.8. The Advisory Council may from time to
time as occasion requires appoint a person to be secretary to the
council, and may at any time terminate such appointment.9.(1)
Whenever a casual vacancy occurs amongst the elected members, the
Advisory Council may co-opt a person who is a holder of a fishing
licence or a rated occupier of a fishery in the Foyle Area to
fill the vacancy until the next election.

(2) The Advisory Council may act notwithstanding vacancies in its
membership.10.(1) At a meeting of the Advisory Council

(a)the chairman shall, when present, be chairman of the meeting;

(b)when the chairman is absent or if the office of chairman is
vacant, the vice-chairman shall, when present, be chairman of the
meeting;

(c)when the chairman and vice-chairman are absent or if the offices
of chairman and vice-chairman are vacant, the members of the
Advisory Council who are present shall choose one of their number
to be chairman of the meeting.

(2) Every question at a meeting shall be determined by a majority
of the votes of the members present and voting on the question,
and, in case of an equal division of votes, the chairman of the
meeting shall have a second or casting vote, save where the
question is the election of the chairman of the Advisory Council.

(3) The quorum for a meeting of the Advisory Council shall be such
number as the Council may from time to time fix or, if no quorum
is for the time being so fixed, one-third of the membership at the
date of the first meeting after the previous election, any fraction
being disregarded.

(4) The first meeting of the Advisory Council after each election
shall be convened as soon as may be by the Commission.

(5) The Commission may at any time convene a meeting of the
Advisory Council.

(6) Members of the Commission shall be entitled to attend and take
part in meetings of the Advisory Council but not to vote.

(7) Subject to the provisions of this Schedule, the Advisory Council
shall regulate, by standing orders or otherwise, its procedure and
business.11. The Commission shall provide accommodation for the
holding of meetings of the Advisory Council and such stationery and
office equipment as the Council may reasonably require for the
conduct of its affairs, and shall make available the services of
members of the staff of the Commission to do all necessary clerical
work for the Council.

I, A. B. (or we, A. B. and C. D., as the case may be) of

o hereby appoint E. F., of

I, the undersigned resident magistrate, do hereby approve of the
above appointment.