DCAL Legal Services for Processing Prosecution Cases Under the Fisheries Act

Tender description

The statutory basis for the responsibility for the conservation and protection of salmon and inland fisheries in Northern Ireland is found in the Fisheries Act (NI) 1966, as amended. DCAL assumed direct responsibility for the enforcement of fisheries protection legislation in the DCAL jurisdiction on 1 June 2009 following the abolition of the Fisheries Conservancy Board (FCB). The Loughs Agency is responsible for this function in the Foyle and Carlingford areas of Northern Ireland. When originally drafted the Act was intended to reflect that salmon and inland fisheries were lawfully possessed and enjoyed as such under title. Statutory provisions were drafted to stop poaching (theft) or other activity that might directly and locally impact that property. The Act also introduced licensing which sought to generate a revenue stream to fund enforcement of these provisions. The licensing scheme covers both commercial fishermen and recreational anglers. A team of Fisheries Officers was seconded to DCAL from the Department of Agriculture and Rural Development (DARD) Fisheries Inspectorate in 1999. Fisheries Protection Officer’s (FPO’s) transferred from the FCB and augmented with 2 DARD staff are now organised into 4 operational areas. Staff monitor and check angling and commercial fishing activity to ensure that those engaged comply fully with the Fisheries Act (NI) 1966 and Fisheries Byelaws. All illegal fishing gear/catches are seized and any persons acting illegally are reported with a view to prosecution. All files are considered by an Enforcement Officer and those deemed appropriate for prosecution are dealt with by the Inland Fisheries Group Portadown office. Prior to June 2009, FCB engaged a number of solicitors firms across Northern Ireland to process prosecution cases in the various court areas within the DCAL jurisdiction. In the short term, DCAL has continued this arrangement but now wishes to appoint a service provider(s) to deliver this requirement acr