Foyle and Carlingford Fisheries Act 2007
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Taking, etc. spawn, smolts or fry of salmon or trout. |
19.— Section 47 of the Act of 1952 shall be renumbered as subsection (1) of that section and after that subsection there shall be inserted the following subsection: | |
“(2) It shall be a defence for a person charged with an offence under subsection (1)(a) in relation to the spawn of any salmon or trout to prove— | ||
(a) that the spawn had been produced— | ||
(i) at a place specified in an aquaculture licence under the Fisheries (Amendment) Act 1997 , or | ||
(ii) in a licensed area (within the meaning of section 53X), or | ||
(b) that he believed on reasonable grounds that it had been so produced. | ||
(3) If any person removes any material from the bed of the freshwater portion of any river in the Moville Area or the Louth Area— | ||
(a) without the consent of the Commission under subsection (4), or | ||
(b) otherwise than in accordance with the conditions of a consent granted by the Commission under subsection (4), | ||
he shall be guilty of an offence against this Act. | ||
(4) The Commission may, on the application of any person, grant its consent to the removal of material from the bed of the freshwater portion of a river on such conditions as it thinks fit. | ||
(5) A consent under subsection (4) does not confer on any person a right to remove material from the bed of a river which (apart from this section) he would not otherwise have. | ||
(6) Nothing done under and in accordance with the conditions of a consent under subsection (4) constitutes an offence under subsection (1) or section 48.”. |