Public Angling Estate Byelaws (Northern Ireland) 2005 No. 267

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Statutory Rules of Northern Ireland

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STATUTORY RULES OF NORTHERN IRELAND

2005 No. 267
FISHERIES
Public Angling Estate Byelaws (Northern Ireland) 2005

	Made	16th May 2005
	Coming into operation	4th July 2005

The Fisheries Conservancy Board for Northern Ireland, in exercise of the powers conferred on it by section 26(1) of the Fisheries Act (Northern Ireland) 1966[1] and of every other power enabling it in that behalf, with the approval of the Department of Culture, Arts and Leisure[2], hereby makes the following Byelaws:

Citation and commencement
     1. These Byelaws may be cited as the Public Angling Estate Byelaws (Northern Ireland) 2005 and shall come into operation on 4th July 2005.

Application
     2. These Byelaws shall apply to angling in the waters described in the first column of the Schedule.

Interpretation
     3. In these Byelaws -

"all lawful methods" means any method of angling except a method forbidden by any statutory provision for the time being in force;

"angling" means the fishing for, taking or killing of fish by rod and line or hand line;

"bait" means any material used on a hook for the purpose of attracting fish;

Lumbricidae

"float tube" means any device or apparatus designed to hold a person vertical in the water;

"fly fishing" means the use of a single rod, reel (including a fixed spool reel), fly line or blow line and a single cast carrying not more than three artificial or winged natural flies but does not include the use of a bubble float in conjunction with artificial or winged natural flies;

"ground bait" means any material used otherwise than on a hook for the purpose of attracting fish whilst angling;

"hook" means a hook attached to a fishing line;

"length" in relation to fish means the measurement from the tip of the snout to the fork or cleft of the tail;

Muscidae

Calliphoridae

"shrimp fishing" means the use of a hook baited with a shrimp (Crangon species);

"spinning" means the use of a single rod, reel (including a fixed spool reel) and line to cast or throw bait and retrieve the bait by rewinding the line on to the drum of the reel with the bait kept in motion throughout;

Salmo

Gairdneri

"stocked trout" means brown or rainbow trout stocked from a fish farm;

"trolling" means the drawing of a fishing line with one or more hooks attached through the water from a moving boat;

"worm fishing" means the use of a hook baited with one or more earthworms.

Permitted methods of angling
     4. - (1) Subject to the provisions of these Byelaws, the only methods of angling permitted in the waters described in the first column of the Schedule shall be those specified in the second column of the Schedule, and the use of those methods shall be subject to any restrictions as to the number or minimum length of fish which may be retained as specified in respect thereof in the third column of the Schedule or in the Fisheries Byelaws (Northern Ireland) 2003[3].

    (2) The use of any matter of vegetable origin or the different species of maggots and earthworms as bait when spinning shall be prohibited.

Return of fish to water
     5. All brown trout, rainbow trout and sea trout in excess of the maximum number, or of less than the minimum length, which may be retained as specified in the third column of the Schedule and all carp must, without avoidable injury, be returned immediately to the water from which such fish were taken.

Prohibition of ground bait and maggots
     6. Subject to the provisions of Byelaw 7, the use or possession of ground bait or maggots while angling is prohibited.

Exception from prohibition
     7. The prohibition imposed by Byelaw 6 shall not apply on the Broadwater, the Colebrooke River downstream of Ballindarragh Bridge on the B514 road, Carnagh Forest Lakes, Craigavon (South) Lake, Creeve Lough, Cypress Pond, Enagh Lough, the Quoile Basin and River downstream from the disused railway bridge near Inch Abbey, 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 Pollaginnive 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, the River Lagan from 150 metres downstream of Red Bridge to Stranmillis Weir, the Lower Bann navigation canals, Lough Macronan, Lough Scolban, and the Upper River Bann from Point of Whitecoat to Lough Neagh.

Restrictions on the use of boats and prohibition on use of float tubes
     8. - (1) Except on the waters specified in paragraphs (2) and (3), the use of boats for the purpose of angling is prohibited.

    (2) Anglers may use boats for the purpose of angling on Lough Achork, Brantry Lough, Castlewellan Lake, Lough Corry, Craigavon (North) Lake, Craigavon (South) Lake, Lough Creeve, Upper and Lower Lough Erne, Lough Glencreawan, Lough Keenaghan, Lough Meenameen, Mill Lough (Bellanaleck), Lough Scolban, and White Lough.

    (3) Only boats supplied by the Department, or its agent, shall be used for the purpose of angling on Ballykeel Lougherne, Clay Lake, Dungonnell Reservoir, Lough Money, Lough Mourne and Upper South Woodburn Reservoir.

     9. Mechanically propelled boats, other than electrically powered boats, shall not be used for the purpose of angling except on Upper and Lower Lough Erne and Craigavon (North) Lake.

     10. A float tube shall not be used for the purpose of angling.

Restrictions on trolling
     11. Trolling is prohibited except on Upper and Lower Lough Erne.

     12. For the purpose of trolling on Upper and Lower Lough Erne the number of fishing rods and lines or hand lines which may be used shall not exceed -

(a) four in the case of a boat occupied by two or more persons; and

(b) two in the case of a boat occupied by one person.

Prohibition on angling in certain areas
13. - (1) Angling shall be prohibited in the River Bush -

(a) between the two metal posts coloured yellow on both banks immediately downstream and upstream of the Salmon Leap Falls; and

(b) in Bushmills, between Church Street road bridge and the metal post coloured yellow on both banks immediately upstream of the hydrographic flow gauge upstream of the Salmon Research Station.

(2) Angling shall be prohibited in the following areas of the Quoile Basin -

(a) the western shore from Shooter's Island to the new Barrier; and

(b) the eastern shore from Steamboat Quay to the most southerly point of Castle Island.

Times for angling
14. - (1) On that section of the River Bush between a point 457 metres downstream of the Lower Road Bridge, Bushmills and the crest of the Salmon Leap Falls angling shall be permitted only between 0800 hours and either one hour after sunset or 2200 hours whichever is earlier.

(2) Angling shall be permitted only between the hours of 0800 and 2200 on the undermentioned waters:

Copeland Reservoir;

Lough Mourne;

Stoneyford Reservoir;

Lower South Woodburn Reservoir;

Middle South Woodburn Reservoir;

North Woodburn Reservoir; and

Upper South Woodburn Reservoir.

Revocations
15. The following Byelaws are hereby revoked -

(a) The Angling (Department of Agriculture Waters) Byelaws (Northern Ireland) 1989[

Sealed with the Common Seal of the Fisheries Conservancy Board for Northern Ireland on

12th May 2005.

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

16th May 2005.

L.S.

M. J. Cory
A senior officer of the Department of Culture, Arts and Leisure

SCHEDULEByelaws 2, 4 and 5

Department of Culture, Arts and Leisure waters	Methods of angling	Restrictions on number or minimum length of fish which may be retained on any one day in respect of each rod and line or hand line fished under permit (other than those applying under any other current Board Byelaws)
Co. Antrim
Altnahinch	Fly fishing, spinning and worm fishing.	Four stocked trout with a minimum length of 25.4 cm.
Ballymoney River	Fly fishing, spinning and worm fishing.	Four brown trout or sea trout with a minimum length of 25.4 cm.
Broadwater	All lawful methods.
River Bush and tributaries
(a) On the River Bush between a point 457m downstream of the Lower Road Bridge, Bushmills and Church Street road bridge.	Fly fishing, shrimp fishing, spinning and worm fishing; excepting that spinning shall be permitted only when the water level rises and obscures the colour red on the marker posts which are located between the points referred to in paragraph (a) of the first column.	Minimum length of 25.4 cm for brown trout.
(b) On the River Bush between immediately upstream of the hydrographic flow guage upstream of the Salmon Research Station and the Salmon Leap Falls.	Fly fishing, spinning and worm fishing; except that spinning shall be permitted only when the water level rises and obscures the colour red on the marker posts which are located between the points referred to in paragraph (b) of the first column.	Minimum length of 25.4 cm for brown trout
(c) On the River Bush between the crest of the Salmon Leap Falls and Bellisle Bridge and on the Stracam River between its confluence with the River Bush and Dervock.	Fly fishing, spinning and worm fishing but fly fishing only from 1st March - 30th June. Worm fishing shall be permitted from 1st March until 30th June provided only that a single hook of size 2 or greater is used. Such a hook shall be one on which the barb is turned to face towards the shank and shall have minimum dimensions as follows: (a) the gape (being the aperture from the out-turned shank to the tip of the out-turn before the barb is formed) shall be 8 mm: and (b) the barb (being the point of the hook from the tip of the out-turn to its own tip or extremity) shall be 4 mm.	Minimum length of 25.4 cm for brown trout.
That portion of the Carey River from its confluence with the Glenshesk River upstream to Ballyvoy Bridge.	Fly fishing, spinning and worm fishing.	None.
The remainder of the Carey River.	Fly fishing and spinning. Worm fishing after 1st July.	None.
Copeland Reservoir	Fly fishing, spinning and worm fishing.	Four stocked trout with a minimum length of 25.4 cm.
Dungonnell Reservoir	From the shore fly fishing, spinning and worm fishing. Fly fishing only from boats.	Two brown trout with a minimum length of 25.4 cm.
That portion of the Glenshesk River from its confluence with the Carey River upstream to Glenshesk Bridge.	Fly fishing and spinning. Worm fishing after 1st July.	None.
Killylane Reservoir	Fly fishing.	Four stocked trout with a minimum length of 25.4 cm.
River Lagan from 150 metres downstream of Red Bridge to Stranmillis Weir.	All lawful methods.	None.
River Lagan from 150 metres downstream of Red Bridge to Shaw's Bridge.	Fly fishing, spinning and worm fishing.	Four brown trout with a minimum length of 25.4 cm.
Lower Bann navigation canals	All lawful methods.	None.
Margy River	Fly fishing only between Bonamargy Bridge and the confluence of the Carey River. Fly fishing, spinning and worm fishing on the remainder of the Margy River.	None.
Lough Mourne	Fly fishing. Spinning and worm fishing from the shore only.	Four stocked trout with a minimum length of 25.4 cm.
Stoneyford Reservoir	Fly fishing, spinning and worm fishing.	Four stocked trout with a minimum length of 25.4 cm.
Lower South Woodburn Reservoir	Fly fishing, spinning and worm fishing.	Four stocked trout with a minimum length of 25.4 cm.
Middle South Woodburn Reservoir	Fly fishing only except that disabled permit holders may also spin and worm fish.	Four stocked trout with a minimum length of 25.4 cm.
North Woodburn Reservoir	Fly fishing, spinning and worm fishing.	Four stocked trout with a minimum length of 25.4 cm.
Upper South Woodburn Reservoir	Fly fishing.	Two brown trout with a minimum length of 25.4 cm.
Co. Armagh
River Blackwater upstream of the Blackwaterstown Bridge on the B128 road for approximately 2.5km on the Co. Armagh bank.	Fly fishing, spinning and worm fishing.	Four brown trout with a minimum length of 25.4 cm.
Carnagh Forest Lakes	All lawful methods	Catch and release for carp.
Clay Lake Reservoir	All lawful methods.	None.
Craigavon City Park Lakes
(a) North Lake	From the shore fly fishing, spinning and worm fishing. From boats, fly fishing only.	Four stocked trout with a minimum length of 25.4 cm.
(b) South Lake	All lawful methods.	None.
Upper Bann River from Point of Whitecoat to Lough Neagh.	All lawful methods	None.
Co. Down
Ballykeel Lougherne	Fly fishing.	Four stocked trout with a minimum length of 25.4 cm.
Quoile/Annacloy/Ballynahinch River both banks from the old flood gates downstream of the Quoile bridge on the A25 for 4 km upstream to the confluence with the tributary on the east bank, from that point, the east bank to the old flour mill south of Kilmore Bridge and the north bank from Dunaglis Bridge to Lyons Bridge.	Fly fishing, spinning and worm fishing.	Four brown trout with a minimum size of 25.4 cm.
Castlewellan Forest Lake	From the shore fly fishing, spinning and worm fishing. From boats, fly fishing only.	Four stocked trout with a minimum length of 25.4 cm.
Cypress Pond	All lawful methods.	Catch and release for carp.
Hillsborough Lake	Fly fishing, spinning and worm fishing. From the dam shores and the footbridge at the southern point of the lake, spinning and worm fishing only.	Four stocked trout with a minimum length of 25.4 cm. Catch and release for carp.
Lough Money	From the shore fly fishing, spinning and worm fishing. From boats fly fishing only.	Four stocked trout with a minimum length of 25.4 cm.
Portavoe Reservoir	Fly fishing.	Four stocked trout with a minimum length of 25.4 cm.
Quoile Basin and River from the old flood gates to Inch Abbey	All lawful methods.	None.
That portion of the Shimna River which is bounded on both banks by Tollymore Forest Park.	Fly fishing, spinning and worm fishing.	Four brown trout with a minimum length of 25.4 cm.
Spelga Reservoir	Fly fishing, spinning and worm fishing.	None.
Co. Fermanagh
Lough Achork	From the shore fly fishing, spinning and worm fishing. From boats fly fishing only.	Four stocked trout with a minimum length of 25.4 cm.
River Ballinamallard downstream of the Kilgortnaleague Bridge on the A35 road for 1.5km on either bank.	Fly fishing, spinning and worm fishing.	Four brown trout with a minimum length of 25.4 cm.
Colebrooke River	Fly fishing, spinning and worm fishing for trout and salmon. All lawful methods for other species.	Four brown trout with a minimum length of 25.4 cm.
Corranny Lake	Fly fishing, spinning and worm fishing.	Four stocked trout with a minimum length of 25.4 cm.
Lough Corry	From the shore fly fishing, spinning and worm fishing. From boats fly fishing only.	Four stocked trout with a minimum length of 25.4 cm.
Upper and Lower Lough Erne	All lawful methods from boat and shore.	Six brown trout with a minimum length of 30 cm.
Lough Glencreawan	Fly fishing.	Four stocked trout with a minimum length of 25.4 cm.
Lough Keenaghan	Fly fishing.	Four stocked trout with a minimum length of 25.4 cm.
Killyfole Lough	All lawful methods.	None.
Lough Meenameen	From the shore fly fishing, spinning and worm fishing. From boats fly fishing only.	Four stocked trout with a minimum length of 25.4 cm.
Mill Lough (Bellanaleck)	Fly fishing.	Four stocked trout with a minimum length of 25.4 cm.
Lough Scolban	All lawful methods.	None.
Co. Tyrone
Brantry Lough	Fly fishing.	Four stocked trout with a minimum length of 25.4 cm.
Lough Creeve	All lawful methods.	None.
Enagh Lough	All lawful methods.	None.
Lough Macronan	All lawful methods.	None.
White Lough	From the shore fly fishing, spinning and worm fishing. From boats fly fishing only.	Four stocked trout with a minimum length of 25.4 cm.

EXPLANATORY NOTE

(This note is not part of the Byelaws)

These Byelaws revoke and replace with amendments the Angling (Department of Agriculture Waters) Byelaws (Northern Ireland) 1989. The Byelaws provide for angling controls and restrictions on waters within the public angling estate of the Department of Culture, Arts and Leisure.

The principal changes are as follows -

     1. Leathemstown Reservoir, Loughbrickland, Lough Melvin and the River Erne have been deleted from the list of waters to which the Byelaws apply. The Broadwater, Ballymoney River, Carnagh Forest Lakes, the remainder of the Carey River, the River Lagan, the Lower Bann navigation canals, the Upper Bann River, the Quoile/Annacloy/Ballynahinch River, the Colebrooke River, Cypress Pond, Killyfole Lough, Lough Scolban, Lough Creeve, Enagh Lough, Lough Macronan, and White Lough have been added to that list (Byelaw 2 and Schedule).

     2. All carp caught must be immediately returned to the water (Byelaw 5).

     3. The list, and description, of waters that are excepted from the prohibition on the use of ground bait or maggots while angling is amended (Byelaw 7).

     4. The list of waters that are excepted from the prohibition on the use of boats for the purpose of angling is amended (Byelaw 8).

     5. The maximum number of rods and lines or hand lines that two persons can use whilst trolling from a boat in Upper and Lower Lough Erne has been increased from three to four (Byelaw 12).

     6. The permitted methods of angling, as specified in the second column of the Schedule, have been amended in respect of the River Blackwater, River Bush, Dungonnell Reservoir, Glenshesk River, Lough Mourne, Lower South Woodburn Reservoir, Middle South Woodburn Reservoir, Clay Lake Reservoir, and the North and South Craigavon City Park Lakes, Lough Money and White Lough.

     7. The maximum numbers of fish that may be retained, as specified in the third column of the Schedule, have been amended in respect of Dungonnell Reservoir, Upper South Woodburn Reservoir, South Craigavon City Park Lake, Lough Money, and the Shimna River.

Notes:

[1] 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.))back

[2] Functions transferred by virtue of S.R. 1999 No. 481 Article 3 and Schedule 1 back

[3] S.R. 2003 No. 525 back

[4] S.R. 1989 No. 482 back

[5] S.R. 1992 No. 357 back

[6] S.R. 1994 No. 40 back

[7] S.R. 1994 No. 314 back

ISBN 0 337 96025 9

Prepared 1 June 2005

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	Statutory Rules of Northern Ireland
You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> Public Angling Estate Byelaws (Northern Ireland) 2005 No. 267 URL: http://www.bailii.org/nie/legis/num_reg/2005/20050267.html