Foyle Area (Control of Drift and Draft Net Fishing) Regulations 2004

Type Ni-Statutory-Rule
Publication 2004-05-19
Last updated 2020-01-13
State In force
Jurisdiction Northern Ireland
Department Government Printer for Northern Ireland
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Made: 19th May 2004

Coming into operation: 1st July 2004

The Foyle, Carlingford and Irish Lights Commission, in exercise of its powers under section 13(1) (amended by section 34(3) of the British-Irish Agreement Act 1999[^f00001] and section 5(1) of the British-Irish Agreement (Amendment) Act 2002) and 14 of the Foyle Fisheries Act 1952 which stand transferred to it under section 34(1) of the British-Irish Agreement Act 1999, and in exercise of the powers conferred by section 13(1) and 14 of the Foyle Fisheries Act (Northern Ireland) 1952[^f00002] and now vested in it[^f00003] and of every other power enabling it in that behalf, with the approval of the Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland, under the agreement made between those Governments on 19th November 2002[^f00004] and section 5(1) of the British-Irish Agreement (Amendment) Act 2002, hereby makes the following Regulations:

Citation and commencement

1

These Regulations may be cited as the Foyle Area (Control of Drift and Draft Net Fishing) Regulations 2004 and shall come into operation on 1st July 2004.

Interpretation

2

In these Regulations –

Restriction on the number of drift net licences and draft net licences

3

Manner of allocation of drift net licence and draft net licence

4

and the applicant –

and where either the deceased licensee or his spouse or civil partner held a licence in each of the datum years and the applicant is the only child of the deceased licensee who makes an application.

5

6

When in the determination of allocations under any of the provisions of regulations 4 and 5 the Commission considers the number of applicants qualified under any of the said provisions have equal or nearly equal entitlement to be granted a licence and the number of licences remaining to be allocated is less than the said number of such applicants the Commission shall allocate the remaining licences by the drawing of lots in the presence of the applicants or their representatives provided that the failure of the applicant or his representative to be present at the venue on the date and time for such drawing of lots as notified to the applicant in writing by the Commission shall not invalidate the drawing of lots and allocation of licences.

Revocation

7

The Foyle Area (Control of Drift Net Fishing) Regulations 1993[^f00009] are hereby revoked.

SCHEDULE

Column 1Waters to which licences refer Column 2Maximum number of licences
(a) Wholly in Lough Foyle, the seaward limit of which for the purpose of these Regulations shall be deemed to be an imaginary straight line drawn between Greencastle Fort in the County of Donegal and the Martello Tower at Magilligan Point in the County of Londonderry. 30
(b) The River Foyle between the Carrickmore-Grange Foyle line and a straight line drawn across the said River Foyle from the easternmost point in the townland of Drumnashear in the county of Donegal to the northernmost point in the townland of Magheramason in the County of Tyrone and, that portion of the River Foyle flowing to the west of the islands known as Corkan Isle and Islandmore and lying between straight lines drawn across the said River Foyle at right angles to its course through the northernmost point of the townland of Corkan Isle and the southernmost point of the townland of Islandmore respectively. 50

Signed

Given under the Seal of the Foyle, Carlingford and Irish Lights Commission on 19th May 2004.

R. J. D. Anderson — Chief Executive of the Loughs Agency

Approved by the Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland on 19th May 2004.

T. O'Connor — P. Smyth — being persons authorised by those Governments to signify approval on their behalf.

Explanatory note

(This note is not part of the Regulations.)

These Regulations replace the Foyle Area (Control of Drift Net Fishing) Regulations 1993 and prescribe the maximum number of licences which the Foyle, Carlingford and Irish Lights Commission may issue for drift net and draft net fishing in the tidal waters of the Foyle Area. The Regulations also set out the manner in which such licences shall be allocated where the number of applications in any year exceeds the maximum number of licences prescribed.

The Regulations make the following changes of substance –

Footnotes

[^f00001]: Legislation of the Republic of Ireland

[^f00002]: 1952 c. 5 (N.I) as amended by S.I. 1999/859

[^f00003]: By S.I. 1999/859 Article 21(1)

[^f00004]: Cm 5708

[^f00005]: Legislation of the Republic of Ireland

[^f00006]: 1966 c. 17 (N.I.)

[^f00007]: S.R. 2001 No. 397 as amended by S.R. 2003 No. 114 and S.R. 2003 No. 524

[^f00008]: S.R. 1981 No. 169; relevant amending statutory rule is S.R. 1985 No. 342

[^f00009]: S.R. 1993 No. 482

Revocation

Editorial notes

[^key-8facfc75e10cfe54a3000e0e5268788b]: Reg. 1 in operation at 1.7.2004, see reg. 1

[^key-b77684cd36ac01b62c073e86c18aad88]: Reg. 2 in operation at 1.7.2004, see reg. 1

[^key-03481f7a293a26f3526eab0d3f0e6941]: Reg. 4 in operation at 1.7.2004, see reg. 1

[^key-1f3c56d43a6d917e71e15a60ffaa7505]: Reg. 5 in operation at 1.7.2004, see reg. 1

[^key-bad62fe41e1c2b1ab5e21c662dac233d]: Reg. 3 in operation at 1.7.2004, see reg. 1

[^key-1c7997ed3fd5d6d5bf5ac214be30e778]: Reg. 7 in operation at 1.7.2004, see reg. 1

[^key-9c34c570f1d8e8c5dcc0526ad38f3313]: Reg. 6 in operation at 1.7.2004, see reg. 1

[^key-ef2a9c2f8714695be07ca6c57f0c3ef2]: Reg. 6A inserted (9.5.2007) by Foyle Area (Control of Drift and Draft Net Fishing) (Amendment) Regulations 2007 (S.R. 2007/275), regs. 1, 5

[^key-bd81cd9a7fe26db47bf20b0dd89aad0c]: Reg. 3(1)(1A) substituted for reg. 3(1) (9.5.2007) by Foyle Area (Control of Drift and Draft Net Fishing) (Amendment) Regulations 2007 (S.R. 2007/275), regs. 1, 2

[^key-874eb32aeeef4ef19126dac0f06496b7]: Reg. 4(12)(13) revoked (9.5.2007) by Foyle Area (Control of Drift and Draft Net Fishing) (Amendment) Regulations 2007 (S.R. 2007/275), regs. 1, 3

[^key-28a6bf3fc90d65ef369430d42c4162ee]: Words in reg. 5(1) deleted (9.5.2007) by virtue of Foyle Area (Control of Drift and Draft Net Fishing) (Amendment) Regulations 2007 (S.R. 2007/275), regs. 1, 4(1)

[^key-238d42cf46bba5d52f2c266e7aa5b8e2]: Word in reg. 5(1) substituted (9.5.2007) by Foyle Area (Control of Drift and Draft Net Fishing) (Amendment) Regulations 2007 (S.R. 2007/275), regs. 1, 4(2)

[^key-59c98986c2d47751153eb9d820550e93]: Words in reg. 2 substituted (11.6.2010) by The Foyle Area (Control of Fishing) Regulations 2010 (S.R. 2010/199), regs. 1(1), 14(2)(a)

[^key-61fb3f8fcc8b72c53982d9d5efc4e431]: Words in reg. 2 substituted (11.6.2010) by The Foyle Area (Control of Fishing) Regulations 2010 (S.R. 2010/199), regs. 1(1), 14(2)(b)

[^key-f3e4fa676b0264bccdd539b5d7f79803]: Words in reg. 2 substituted (11.6.2010) by The Foyle Area (Control of Fishing) Regulations 2010 (S.R. 2010/199), regs. 1(1), 14(2)(c)

[^key-a64158eaac537799a4242b5d1fc4fc53]: Words in reg. 2 substituted (11.6.2010) by The Foyle Area (Control of Fishing) Regulations 2010 (S.R. 2010/199), regs. 1(1), 14(2)(d)

[^key-4e9302fec1b374268f4d20865adc9283]: Words in reg. 2 inserted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 158(2)(a) (with regs. 6-9)

[^key-4fd85c4a851331d147f7ff1aabe4db7c]: Words in reg. 5(2) substituted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 158(3) (with regs. 6-9)

[^key-e13c2416243e32e2be368eca51614c70]: Words in reg. 6A inserted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 158(4) (with regs. 6-9)

[^key-db95194d2711b65616b906012f394d25]: Words in reg. 4(3)(b) inserted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 158(2)(b) (with regs. 6-9)

[^key-59e4e2cbf2671323b474a3959a4c6847]: Words in reg. 4(5) inserted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 158(2)(c) (with regs. 6-9)

[^key-ac9a848590bf75bc1a33773826201b44]: Words in reg. 4(6) inserted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 158(2)(d) (with regs. 6-9)

[^key-b460f35e35ef8fcc8e15fdf9d9e4db8a]: Words in reg. 4(9)(b) inserted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 158(2)(e) (with regs. 6-9)

[^key-12df5a1e7cd782a5bda2f58a8e7e460f]: Words in reg. 4(11)(b) inserted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 158(2)(f) (with regs. 6-9)

6A

Where in consideration of monies paid or payable by the Commission a person undertakes to make no further applications for a licence, that person and any spouse , civil partner or child of that person shall be precluded from being considered under the provisions of paragraphs (2) to (11) of regulation 4 if he applies for a licence.

Revocation

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