Title, commencement and applicationI11
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.
InterpretationI22
In this Order—
F1...
“cockles” (“cocos”) means any shellfish of the type Cerastoderma edule;
“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;
“specified shellfish” (“pysgod cregyn penodedig”) means cockles and mussels; and
“Wales” (“Cymru”) has the meaning given in section 158 of the Government of Wales Act 20063.
Fishing restrictionsI33
1
Subject to paragraph (2), no person may fish for or take specified shellfish 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 five kilograms in live weight of cockles and five kilograms in live weight of mussels in any one day for personal consumption;
b
takes the specified shellfish whilst onboard a F2fishing boat; or
c
takes the specified shellfish pursuant to an Order made under section 1 of the Sea Fisheries (Shellfish) Act 19674.
3
Any person fishing for or taking the specified shellfish 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 the specified shellfish within the specified area until that permit has been produced.
Permit duration, application and termsI44
A permit will be valid from 1 September in one year until 31 August in the following year.
I55
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.
I66
1
The Welsh Ministers may issue a permit to—
a
any person who held a permit to fish for or take the specified shellfish 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.
I77
A permit—
a
may contain such conditions relating to the fishing for or taking of the specified shellfish as the Welsh Ministers may determine;
b
authorises only the named permit holder to fish for or take the specified shellfish within the specified area; and
c
is not transferable.
I88
1
A person who fishes for or takes specified shellfish within the specified area must submit a catch return to the Welsh Ministers on or before the fifth day of the calendar month following the month in which those shellfish were fished for or taken.
2
A catch return for the purposes of paragraph (1) must record—
a
the date of each catch of specified shellfish;
b
the total live weight of all cockles taken on that date;
c
the total live weight of all mussels taken on that date;
d
the location from which the specified shellfish 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.
Revocation and consequential amendmentI99
1
2
In the Table in Schedule 4 to the Marine and Coastal Access Act 2009 (Commencement No. 1, Consequential, Transitional and Savings Provisions) (England and Wales) Order 20107 delete the row relating to Byelaw 5.