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DISEASES OF FISH ACT (NORTHERN IRELAND) 1967

DISEASES OF FISH ACT (NORTHERN IRELAND) 1967 - LONG TITLE

An Act to make provision respecting diseases of fish.
[23rd May 1967]
Infected waters order.

DISEASES OF FISH ACT (NORTHERN IRELAND) 1967 - SECT 1

1.(1) Where the Ministry of Agriculture (in this Act referred to as
"the Ministry") has reason to believe as respects any area that any
waters in the area are infected waters, the Ministry may by order
(in this Act called an "infected waters order") declare the area to
be an infected area for the purposes of this Act and may by the
same or a subsequent infected waters order make provision for the
prevention, eradication and control of fish disease in that area,
including provision for

(a)the examination or treatment of any fish in all or any waters
in the area or of the carcases of any such fish by authorised
persons and for the treatment of such waters by authorised persons;

(b)prohibiting or regulating the transport of any species, condition
or description of dead fish found or taken in the area, or of
live fish or food for fish to, from or within the area;

(c)prohibiting or regulating any method of fishing or taking fish in
all or any waters in the area;

(d)so far as practicable, controlling, or reducing the incidence of,
any disease with which any waters in the area are infected;

(e)prescribing and regulating the destruction, burial, disposal or
treatment of carcases of fish found in or near any waters in the
area or, if the carcases are those of infected fish, elsewhere in
the area including in or upon the premises or vehicle or stall of
any fish dealer or carrier and for the disinfection or treatment of
any such premises, vehicle or stall;

(f)naming, for the purposes of this Act and of any order made
under this Act, any disease not appearing to the Ministry to fall
within a recognised description or scientific classification.

(2) The owner of any several fishery in any waters in an area
declared by an infected waters order to be an infected area shall
be entitled, on application, to be supplied by the Ministry free of
charge with a report of the evidence on which the order was made.

(3) An infected waters order shall be subject to negative
resolution.

(4) Any person who acts in contravention of any provision of an
infected waters order shall be guilty of an offence against this
Act.

DISEASES OF FISH ACT (NORTHERN IRELAND) 1967 - SECT 2
Provisions as to infected waters.

2.(1) Where an infected waters order is in force declaring an area
to be an infected area

(a)if that area or part of that area is outside the Londonderry
area, any inspector or water bailiff appointed by and acting on
behalf of the Fisheries Conservancy Board for Northern Ireland; and

(b)if that area or part of that area is or is within the
Londonderry area, an inspector or river watcher appointed by and
acting on behalf of the Foyle Fisheries Commission; and

(c)in either case, an authorised person,

(2) Where an infected waters order is in force declaring an area
to be an infected area, the Ministry, if satisfied that for the
protection against disease of the stock of fish in any waters it
is necessary so to do, may in writing, authorise the owner of any
several fishery in that area at any time in the waters of that
fishery to take or kill any fish or remove from those waters any
carcases of fish, notwithstanding that the taking or killing of fish
from those waters would then (but for this subsection) be prohibited
by law, and notwithstanding anything in any agreement or document
affecting that fishery to the contrary, and to do so by such
agents and by such methods (including methods otherwise illegal) as
the Ministry may authorise for the purpose.

(3) Where the owner of a several fishery in any waters or an
authorised person has in pursuance of an authority conferred under
this section removed any fish from those waters, he shall comply
with any directions given to him by the Ministry as to the manner
in which those fish are to be dealt with or disposed of, and, if
he neglects or fails to comply with any such directions or with
the provisions of subsection (4) he shall be guilty of an offence
against this Act.

(4) Where an infected waters order is in force declaring an area
to be an infected area, any owner of a several fishery in any
waters in that area who (whether acting pursuant to any authority
given to him by the Ministry under subsection (2) or otherwise)
removes or knowingly causes or allows to be removed from those
waters any diseased fish or carcases of fish shall, within seven
days or such longer time as the Ministry may allow, notify to the
Ministry the number, species and description of the fish so removed
and shall furnish to the Ministry such further information respecting
such fish as the Ministry may reasonably require.

DISEASES OF FISH ACT (NORTHERN IRELAND) 1967 - SECT 3
Risk of infection orders.

3.(1) Where the Ministry is satisfied that there is a likelihood of
any waters becoming infected waters the Ministry may make an order
(in this Act called a "risk of infection order") prohibiting the
bringing, otherwise than under the authority and in accordance with
the terms of a written permit issued by the Ministry, into Northern
Ireland, or into any part of Northern Ireland specified in the
order, of

(a)any fish or species, condition or description of fish whether
alive or dead other than frozen or canned or cooked fish duly
imported into Northern Ireland in compliance with any regulations for
the time being in force relating to matters of public health or
food hygiene; or

(b)any food for fish.

(2) If and so long as a risk of infection order is in force in
any part of Northern Ireland, the Ministry, notwithstanding anything
to the contrary in any other enactment, may, by agreement with the
owner or occupier of any land (including land covered by water) and
with the owners of any several fishery in any waters in that part
to and from which the passage of fish might be hindered, erect and
maintain on that land and athwart any waters in that part a
barrier for the purpose of preventing fish entering any waters in
that part or for facilitating the examination or treatment of fish
in, approaching or leaving those waters.

(3) A risk of infection order shall be subject to negative
resolution.

(4) Any person who acts in contravention of any of the provisions
of a risk of infection order or of any authority issued by the
Ministry for the purposes of such an order or who damages,
interferes with or removes any barrier erected or maintained under
subsection (2) shall be guilty of an offence against this Act.

DISEASES OF FISH ACT (NORTHERN IRELAND) 1967 - SECT 4
Right of fishery owners to make representations.

4. Any person who satisfies the Ministry that he has an interest
in any fishery affected or which may be affected by an Order made
or to be made by the Ministry under this Act shall have the right
to make representations to the Ministry with respect to the making
or continuance of any such Order and the Ministry shall take any
such representations into account.

DISEASES OF FISH ACT (NORTHERN IRELAND) 1967 - SECT 5
Application of certain provisions of 1966 c.17.

5. The following provisions of the Fisheries Act (Northern Ireland)
1966, that is to say,

section 172 (General powers of authorised persons)

section 176 (Apprehension of offenders)

section 178 (Powers of inspection, examination and detention)

section 182 (Penalty for assaulting authorised persons)

section 183 (Obstructing or impeding authorised persons)

section 184 (Giving warning to persons unlawfully fishing)

section 185 (Indemnification of authorised persons)

sections 195 to 199 (Forfeitures upon conviction) and so far as
they relate to any of those provisions,

section 201(1) (Penalties not specifically provided for)

section 204 (Proof of documents) and

section 206 (Interpretation)

(a)references therein to authorised persons within the meaning of
that Act or to officers or persons exercising powers conferred by
Part XI of that Act or by any provision of that Part shall be
construed as references to authorised persons within the meaning of
this Act;

(b)references in those provisions [except section 201(1)] to that Act
or to any provision thereof shall be construed as references to
this Act or to any provision of this Act or any order made under
this Act;

[(c)section 201(1), as well as applying to offences under other
provisions of that Act mentioned in this section which do not
themselves provide for penalties, shall apply also to offences
against this Act (and for that purpose the first reference in that
subsection to that Act includes this Act and the words from "for
which" to "section" are inoperative).]

S.6 rep. by 1981 NI 7 art.10(4) sch.5

DISEASES OF FISH ACT (NORTHERN IRELAND) 1967 - SECT 7
Expenditure.

7.(1) The Ministry with the approval of the Ministry of Finance may
incur expenditure in or in connection with the dissemination of
information as to the prevention, control, reduction of incidence or
cure of any disease affecting fish.

Subs.(2) rep. by SLR 1976

DISEASES OF FISH ACT (NORTHERN IRELAND) 1967 - SECT 8
Interpretation.

8. In this Act

"authorised person" means an officer of the Ministry or other person
authorised by the Ministry to act as an authorised person for the
purposes of this Act;

"carcase" includes any part of a dead fish;

"fish" includes ova or fry;

"food for fish" means any substance used, or intended or likely to
be used, or whose produce or offspring is intended or likely to be
used, as food for fish, including natural food;

"infected" means infected or showing signs of being infected with
any disease whatsoever (whether or not falling within a recognised
description or scientific classification) harmful to fish or hindering
the natural propagation of healthy stocks of fish;

"infected waters" means waters in which any such disease exists
among fish or in which any causative organisms of any such disease
are present;

"infected waters order" has the meaning assigned to it in section
1(1);

"the Londonderry Area" has the meaning assigned to it by section
2(1) of the Foyle Fisheries Act (Northern Ireland) 1952;

"the Ministry" has the meaning assigned to it by section 1(1);

"risk of infection order" has the meaning assigned to it by section
3(1);

"waters" means any waters (including any fish farm or hatchery,
which are frequented by, or used for keeping, any fish, or food
for fish, and includes the banks and margins of any such waters
and any buildings used in connection therewith.

DISEASES OF FISH ACT (NORTHERN IRELAND) 1967 - SECT 9
Short title.

9. This Act may be cited as the Diseases of Fish Act (Northern
Ireland) 1967.