Foyle Area and Carlingford Area (Angling) (Amendment) Regulations 2007

Made: 4th May 2007

Coming into operation: 9th May 2007

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[^f00001]) of the Foyle Fisheries Act 1952[^f00001] which stand transferred to it under section 34(1) of the British-Irish Agreement Act 1999, and in exercise of the powers conferred by sections 13(1) of the Foyle Fisheries Act (Northern Ireland) 1952[^f00002] and now vested in it[^f00003], 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 and Carlingford Area (Angling) (Amendment) Regulations 2007 and shall come into operation on 9th May 2007.

Amendment of the Foyle Area and Carlingford Area (Angling) Regulations 2001

2

The Foyle Area and Carlingford Area (Angling) Regulations 2001[^f00005] shall be amended in accordance with regulations 3 to 5.

Interpretation

3

In regulation 2 –

• (1) Insert at the appropriate place–

• (a) ““arctic charr” means a fish of the species Salvelinus alpinus;”;

• (b) ““authorised officer” has the same meaning as “authorised person” in section 54 of the Foyle Fisheries Act 1952 and section 53 of the Foyle Fisheries Act (Northern Ireland) 1952 except that it does not include a private river watcher;”;

• (c) ““brown trout” means a fish of the species Salmo trutta;”;

• (d) ““salmon” means a fish of the species Salmo salar (Altantic Salmon);”; and

• (e) ““sea trout” means the migrating form of Salmo trutta;”.

• (2) The definition of “salmonids” shall be omitted.

Restrictions on number and size

4

For regulation 7 there shall be substituted –

(7) (1) A person shall not take by rod and line and retain – (a) a salmon, sea trout or brown trout of a length less than 25.4 cm; (b) more than 1 salmon, or sea-trout over 40cm in length, on any one day during the period beginning on 1st March and ending on 31st May in any calendar year (both dates inclusive); (c) more than 2 salmon, or sea trout over 40cm in length, on any other day; (d) more than 4 brown trout, or sea trout of 40cm or less in length, or a combination of both on any one day during the period beginning on 1st March and ending on 31st October in any calendar year (both dates inclusive); (e) more than 25 fish (being either salmon, or sea trout over 40cm in length, or a combination of both) in any calendar year; (f) any arctic charr. (2) Where a person takes by rod and line any salmon, sea trout or brown trout of less than the minimum length specified in paragraph 1(a) or salmon, sea trout or brown trout in excess of the maximum numbers specified in paragraph (1) (b), (c), (d) or (e), he shall return such fish to the water without avoidable injury. (3) Where a person takes by rod and line any salmon, sea trout or brown trout in excess of the maximum numbers specified in paragraph (1) (b), (c), (d) or (e) he shall not use or attempt to use any fish hook other than a single barbless hook where the gape of the hook does not exceed 7mm, or earthworm as bait. (4) Subject to paragraph (6), a person shall not take by rod and line and retain – (a) a pike weighing 4 kilograms or more; or (b) more than 2 pike on any one day. (5) Subject to paragraph (6), where a person takes by rod and line any pike weighing 4 kilograms or more or a pike in excess of the maximum number specified in paragraph 4 (b), he shall return the pike to the water without avoidable injury. (6) Paragraphs (4) and (5) shall not apply where a person has taken a specimen pike by rod and line provided that person has not taken and retained another specimen pike on the same day.

Unsuccessful Catch and Release

5

After regulation 8 there shall be inserted –

(9) (1) Where a person is unsuccessful in returning a fish to the water in accordance with regulation 7(2) and such fish does not survive, such fish shall be tagged as provided for by the Foyle Area and Carlingford Area (Tagging and Logbook) Regulations 2001[^f00006]. (2) Where a fish is tagged under paragraph (1), the person shall immediately inform the Loughs Agency of the Foyle, Carlingford and Irish Lights Commission of such event and as soon as practicable surrender such fish to the Loughs Agency of the Foyle, Carlingford and Irish Lights Commission or an authorised officer. (3) The Loughs Agency of the Foyle, Carlingford and Irish Lights Commission shall replace a tag to a person who has surrendered a fish to it under paragraph (2).

Signed

Given under the Seal of the Foyle, Carlingford and Irish Lights Commission on 4th May 2007.

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 4th May 2007.

T Hanney — M Bunting — being persons authorised by those Governments to signify approval on their behalf.

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend the Foyle Area and Carlingford Area (Angling) Regulations 2001 by:

• (a) Omitting the definition of “salmonids” thus permitting a wider range of conservation measures for individual species of fish (regulation 3)

• (b) Providing that on any one day during the period 1st March to 31st May only 1 salmon or sea trout over 40 cm in length may be taken by rod and line and retained (regulation 4)

• (c) Providing that on any one day during the period 1st June to 31st October only 2 salmon or sea trout over 40cm in length may be taken by rod and line and retained (regulation 4)

• (d) Providing that on any one day during the period 1st March to 31st October only 4 brown trout or sea trout of 40 cm or less in length may be taken by rod and line and retained (regulation 4)

• (e) Providing that in any calendar year only 25 fish, being either salmon or sea trout over 40cm in length, or a combination of both, may be taken by rod and line and retained (regulation 4)

• (f) Providing that any arctic charr taken by rod and line shall not be retained (regulation 4)

• (g) Providing for the catch and release of salmon, sea trout and brown trout (regulation 4)

• (h) Providing that where the appropriate numbers of salmon, sea trout or brown trout which may be taken by rod and line have been attained that only a single barbless hook is permitted while angling and the use of earthworms as bait is prohibited (regulation 4)

• (i) Restrictions on the number and size of pike which may be taken by rod and line and retained (regulation 4)

• (j) Providing that when a person is unsuccessful in returning a salmon or sea trout alive, and when appropriate to tag, such fish shall be notified to, and surrendered to the Loughs Agency (regulation 5)

• (k) Providing that the Loughs Agency shall replace a tag to a person who has surrendered a salmon or sea trout with the appropriate tag.

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]: S.R. 2001 No. 158, as amended by S.R. 2004 No. 75

[^f00006]: S.R. 2001 No. 159