Annex A
PARTIAL REGULATORY IMPACT ASSESSMENT ON THE PROPOSED FOYLE AREA AND CARLINGFORD AREA (EXEMPTION FROM ANGLING LICENCE FEES) REGULATIONS 2015
Proposed Foyle Area and Carlingford Area (Exemption from Angling Licence Fees) Regulations 2015
1.0
Title of proposal
Foyle Area and Carlingford Area (Exemption from Angling Licence Fees) Regulations 2015
2.0
Purpose and intended effect
Objectives
The objective of this impact assessment is to inform policy on the proposed Regulations which will:1. Allow the Loughs Agency to issue angling licences which are exempt from the charging of prescribed fees. 2. Allows the Loughs Agency to issue fee-exempt angling licences to staff and managers of a school, pupils of a school, or carers of disabled pupils of a school. 3. Allows the Loughs Agency to issue fee-exempt angling licences to persons or bodies which have entered into a written contract with the Commission to provide promotional events. 4. Allows the Loughs Agency to issue fee-exempt angling licences to persons who have been appointed under Section 55 of the Foyle Fisheries Act (Northern Ireland) 1952 or Section 56 Foyle Fisheries Act 1952 and have had returns made on their behalf in accordance with Section 55(8) of the Foyle Fisheries Act (Northern Ireland) 1952 or Section 56(8) Foyle Fisheries Act 1952, and in the form prescribed by 2|Page
the Foyle Area and Carlingford Area (Private River Watcher Annual Returns) Regulations 2015.
3.0
Background
The Loughs Agency manages the waters in the Rivers Foyle and Carlingford areas for angling and issues licences to carry a rod in these areas. These Regulations propose to set out those persons that will be entitled to angling licences which are exempt from the normal levels of fees prescribed which shall enable them to carry a rod to fish in the Foyle and Carlingford areas without enduring any cost.
The proposal for the issuing of angling licences which are exempt from fees is in keeping Schedule 1 of the North/South Co-operation (Implementation Bodies) (Northern Ireland) Order 1999 and the British-Irish Agreement Act 1999 which assigns the Loughs Agency with the objective of the “promotion of development of Lough Foyle and Carlingford Lough, for commercial and recreational purposes”. By encouraging the uptake and promotion of angling through making it more accessible, especially to younger people, these regulations are in keeping with one of the key objectives of the Loughs Agency.
Section 13(1) of the Foyle Fisheries Act 1952 and the Foyle Fisheries Act (Northern Ireland) 1952 provide the legislative background to this regulation. Section 13 of the 1952 Acts (as amended) allows the Loughs Agency to: Make such regulations as appear to the Commission to be expedient for the management, conservation, protection and improvement of the fisheries of the Foyle Area and the Carlingford Area. 3|Page
Furthermore Section 13(2) states that: Regulations made by the Commission under this section may provide for charging in respect of any fishing licence, tag or other document issued or varied by the Commission such fees, payable at such time and in such manner, as may be prescribed. In addition to this Section 13(2A) states that: Regulations made by virtue of subsection (2) may— (a) provide for charging concessionary fees in such cases as may be prescribed; (b) provide for exemption from payment of the prescribed fees in such cases as may be prescribed.
4.0
Rationale for regulatory intervention
As part of its core objectives, the Loughs Agency aims to encourage the uptake of angling within the Foyle and Carlingford area, especially within younger age demographics. In recent years anglers have largely come from the older male demographic and this is not viable for the future of angling as a whole. By introducing angling licences for schools which are exempt from fees the Loughs Agency aims to encourage a greater uptake in angling by increasing the exposure of young people of both genders to it in the belief that once exposed to angling a number will retain an interest who would not have done so otherwise. Additionally, the inclusion of those who are performing promotional events is also designed to assist in fulfilling the Loughs Agency’s objective of the promotion and development of Lough Foyle and Carlingford Lough.
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5.0
Consultation
Within government
Government Departments will be routinely consulted as part of the public consultation exercise.
Public consultation
A public consultation exercise with stakeholders will be undertaken. The proposed regulation has been screened for equality implications and there are no equality issues for any of the groups highlighted in section 75 of the Northern Ireland Act 1998.
6.0
Options
Option 1:
Do nothing.
Option 2:
Introduce fee-exempt angling licences
Option (1) - Do nothing.
This is not a viable option for the Loughs Agency. It would not assist the Agency in the promotion and development of angling which is one of its stated objectives in the British-Irish Agreement Act 1999 and the North/South Co-operation (Implementation Bodies) (Northern Ireland) Order 1999. It would also be inconsistent with the Loughs Agency’s recently approved Foyle Area (Complimentary Angling Permit) (River Finn and River Foyle) Regulations 2014.
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Option (2) - Introduce fee-exempt angling licences
This option is the only viable option Loughs Agency has in terms of regulatory development for the promotion of angling.
7.0
Costs
There will be no cost to businesses for any of the options considered. The Loughs Agency may lose a small amount of income from licence sales. However this total will be so low it shall have fundamentally no effect.
8.0
Sectors and groups affected
The proposed Regulations have been screened for equality implications and there are no equality issues for any of the section 75 groups as specified in the Northern Ireland Act 1998; however these groups will be included in the consultation process.
9.0
Summary and recommendation
To introduce the regulations as proposed.
10.0 Declaration and publication I have read the Regulatory Impact Assessment and I am satisfied that the benefits justify the costs.
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Signed
Date
1st January 2015
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