Title, commencement and application1.
(1)
The title of this Order is the Cockles and Mussels (Specified Area) (Wales) Order 2011 and it comes into force on 1 September 2011.
(2)
This Order applies in relation to Wales.
Interpretation2.
In this Order—
F1...
F2...
“Foreshore Gatherers Safety Training Certificate” (“Tystysgrif Hyfforddiant Diogelwch Casglwyr Blaendraeth”) means a document issued by the Sea Fish Industry Authority, certifying the applicant’s successful completion of a safety training course for intertidal shellfishing;
“mussels” (“cregyn gleision”) means any shellfish of the type Mytilus edulis;
“permit” (“trwydded”) means a permit issued by the Welsh Ministers pursuant to article 6 of this Order;
“specified area” (“ardal benodedig”) means the area described in the Schedule to this Order;
F3...
Fishing restrictions3.
(1)
Subject to paragraph (2), no person may fish for or take F4mussels within the specified area unless they do so in accordance with the conditions of a permit.
(2)
Paragraph (1) does not apply to any person who—
(a)
takes by hand not more than F5... five kilograms in live weight of mussels in any one day for personal consumption;
(3)
Any person fishing for or taking F6mussels within the specified area must produce a copy of that person’s permit if requested to do so by a person authorised by the Welsh Ministers.
(4)
Any person who has been requested to produce a permit pursuant to paragraph (3) must not fish for or take F6mussels within the specified area until that permit has been produced.
Permit duration, application and terms4.
A permit will be valid from 1 September in one year until 31 August in the following year.
5.
(1)
A person wishing to apply for a permit must complete and submit to the Welsh Ministers an application in such form as the Welsh Ministers may require.
(2)
An application pursuant to paragraph (1) must be accompanied by such proof of identity and address as the Welsh Ministers may require.
(3)
An application pursuant to paragraph (1) may be made on or after 1 July in the same year as the permit is due to commence.
6.
(1)
The Welsh Ministers may issue a permit to—
(a)
any person who held a permit to fish for or take F8mussels in the specified area during the period from 1 September in the preceding year until 31 August in the year during which the permit being applied for will commence; and
(b)
forty applicants who hold a current Foreshore Gatherers Safety Training Certificate.
(2)
Applications for the permits that the Welsh Ministers may issue pursuant to sub-paragraph (1)(b) will be considered in chronological order of receipt and those forty permits will be issued to the first forty applicants where eligibility in accordance with that sub-paragraph is established.
7.
A permit—
(a)
may contain such conditions relating to the fishing for or taking of F9mussels as the Welsh Ministers may determine;
(b)
authorises only the named permit holder to fish for or take F9mussels within the specified area; and
(c)
is not transferable.
8.
(1)
(2)
A catch return for the purposes of paragraph (1) must record—
(a)
the date of each catch of F12mussels;
F13(b)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)
the total live weight of all mussels taken on that date;
(d)
the location from which the F14mussels were taken; and
(e)
such further information as may be required by the Welsh Ministers and notified to the permit holder from time to time.