Fisheries (Amendment) Act (Northern Ireland) 2001

JurisdictionNorthern Ireland
Citation2001 NI c 4
(1) Section 124 of the principal Act (sea-fishing regulations) shall be amended as follows.(2) In subsection (1) after “sea-fisheries” insert “in Northern Ireland inshore waters or”.(3) In subsection (2) after paragraph (d) insert—
  • (dd) prohibiting in any area specified in the regulations, either without limitation of time or for any period so specified,—
  • (i) fishing from or by means of any vehicle or any vehicle of a specified description;
  • (ii) fishing by means of a specified description of equipment;
fishing from or by means of any vehicle or any vehicle of a specified description;fishing by means of a specified description of equipment;(4) After subsection (2) insert—
  • “(2A) The power to make regulations under this section may be exercised for—
  • (a) the conservation or enhancement of the natural beauty or amenity of marine or coastal areas (including their geological or physiographical features) or of any features of archaeological or historic interest in those areas; or
  • (b) the conservation of flora or fauna which are dependent on, or associated with, a marine or coastal environment.
the conservation or enhancement of the natural beauty or amenity of marine or coastal areas (including their geological or physiographical features) or of any features of archaeological or historic interest in those areas; orthe conservation of flora or fauna which are dependent on, or associated with, a marine or coastal environment.(5) After subsection (3) add—
  • “(4) Where—
  • (a) a person commits an offence under subsection (3) ; and
  • (b) a vehicle or equipment is used in the commission of the offence,
  • then, in addition to that person, any person who caused or permitted the commission of the offence is guilty of an offence.
a person commits an offence under subsection (3) ; anda vehicle or equipment is used in the commission of the offence,“Northern Ireland inshore waters” means the area adjacent to the coast of Northern Ireland and to the landward of a limit of 6 miles from the baseline from which the breadth of the territorial sea is measured, up to the mean high-water mark of ordinary spring tides; and“sea-fisheries” includes any fishery within that area.(1) In section 174 of the principal Act (boarding and examination of fishing boats) , after subsection (1) insert—
  • “(1A) Any authorised person to whom this section applies may, for the purpose of enforcing regulations made under section 124, do all or any of the following things with respect to any vehicle or equipment which is or has been employed in fishing—
  • (a) enter in or on the vehicle or equipment;
  • (b) require the attendance of the person in charge of, and any other persons in or on or using, the vehicle or equipment and require all such persons to do anything which appears to him to be necessary for facilitating the performance of his functions;
  • (c) in relation to any vehicle, examine—
  • (i) any fish in or on the vehicle;
  • (ii) any apparatus on the vehicle, including any fishing engine and any fishing gear used in association with any such engine;
  • (iii) any document relating to the vehicle;
enter in or on the vehicle or equipment;require the attendance of the person in charge of, and any other persons in or on or using, the vehicle or equipment and require all such persons to do anything which appears to him to be necessary for facilitating the performance of his functions;any fish in or on the vehicle;any apparatus on the vehicle, including any fishing engine and any fishing gear used in association with any such engine;any document relating to the vehicle;in relation to any equipment, examine that equipment and any fish in or on the equipment;any vehicle or equipment which is being, or is reasonably suspected of having been, used in the commission of an offence under any regulation made under section 124;any fish in respect of which an offence is being, or is reasonably suspected of having been, committed under any regulation made under section 124.for “or any fishing engine” substitute “, fishing engine, vehicle or equipment”;for “or fishing engine”, wherever those words occur, substitute “, fishing engine, vehicle or equipment”;after “boat” insert “or a vehicle or equipment”;for “it”, where it first occurs, substitute “the boat, vehicle or equipment”;after “Act” insert “or any regulation made under section 124”.(3) In section 181(1) of the principal Act (procedure for disposal

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