Section 5 of the Sea Fish (Conservation) Act 1967 contains a power to prohibit all fishing for sea fish, or a specific type of sea fish, or a specific method of fishing either sea fish generally or sea fish of a particular description. By virtue of Section 22 of that Act sea fish includes shellfish. Section 5A of the Act permits the power to make an order under section 5 to be used for marine environmental purposes. The power is exercisable by the National Assembly for Wales in relation to the territorial sea adjacent to Wales.

That part of the sea off the South Wales coast described in article 2 of the Order has been identified as a potential Special Protection Area for the purposes of the Birds Directive (Council Directive 79/409/EEC).

The area in question is an important site for non-breeding Common Scoter, and this Order prohibits the use of hydraulic dredging for bivalve molluscs in that area. Scientific and other exemptions are contained in section 9 of the 1967 Act.

The Order contains provisions relating to enforcement. Other provisions, including those relating to offences, are contained in the 1967 Act.