Foyle and Carlingford Fisheries Act 2007

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PART 3

Amendments to the Principal Act

Definitions.

5.— Section 2 of the Act of 1952 is amended—

(a) in subsection (1)—

(i) for the definition of “ ‘the Commission’ ” substitute“ ‘the Commission’ means the Foyle, Carlingford and Irish Lights Commission being the Body referred to in section 32 of the British-Irish Agreement Act 1999 ;”,

(ii) in the definition of “ ‘prescribed’ ” to insert after“ ‘prescribed’ ” “except in Part VIA,”,

(iii) for the definition of “‘river’” there shall be substituted—

“ ‘ river ’ includes a branch of a river and any stream, lake, estuary or watercourse;”,

(iv) for the definition of “‘waters’” there shall be substituted—

“ ‘ waters ’ includes any river or part of the sea;”,

(v) at the appropriate place there shall be inserted the following definition—

“‘ several fishery ’ means any fishery lawfully possessed and enjoyed as such under any title whatsoever, being a good and valid title at law, exclusively of the public by any person or persons whether in navigable waters or in waters not navigable, and whether the soil covered by such waters is vested in such person or persons or in any other person;”,

(b) for subsection (2) there shall be substituted—

“(2) In this Act, except in Part VIA, ‘ fish ’ (when used without any qualification) means—

(a) freshwater fish of any kind,

(b) salmon and other fish of a kind that migrates to and from the sea,

(c) sea bass and tope,

(d) eels and elvers,

(e) mussels,

(f) oysters,

(g) the spawn, fry, spat and brood of any kind of fish mentioned in paragraphs (a) to (f),

(h) any part of any kind of fish mentioned in paragraphs (a) to (f).

(3) In subsection (2)(a), ‘ freshwater fish ’ means any fish living in freshwater, other than a kind of fish that migrates to and from the sea.

(4) In this Act, any reference to a river includes a reference to the channel or bed of a river which is for the time being dry.”.