Foyle and Carlingford Fisheries Act 2007

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.”.