The Sea Fish (Specified Sea Areas) (Prohibition of Fishing Method) (Wales) Order 2012

Explanatory Note

(This note is not part of the Order)

This Order, which applies in relation to Wales, prohibits fishing for sea fish with fishing boats using bottom towed fishing gear within the specified sea areas.

The provisions of this Order also revoke and replace Byelaw 21 of the former North Western and North Wales Sea Fisheries Committee (“the Sea Fisheries Committee”).

The Sea Fisheries Committee was abolished, in relation to Wales, on 1 April 2010 when the Sea Fisheries Regulation Act 1966 was repealed in relation to Wales by section 187 of the Marine and Coastal Access Act 2009. Since that date, Byelaw 21 of the Sea Fisheries Committee has had effect as though made by the Welsh Ministers in a statutory instrument by virtue of article 13(3) of and Schedule 4 to the Marine and Coastal Access Act 2009 (Commencement No. 1, Consequential, Transitional and Savings Provisions) (England and Wales) Order 2010.

Byelaw 21 of the Sea Fisheries Committee prohibited the use of bottom towed fishing gear from any fishing boat within one of the specified sea areas detailed in the Schedule to this Order.

Article 3 of this Order prohibits fishing for sea fish within the specified sea areas using bottom towed fishing gear and requires that all bottom towed fishing gear must be inboard, stowed and secured when any fishing boat is within the specified sea areas.

Article 4 of this Order revokes Byelaw 21 of the Sea Fisheries Committee and makes the necessary consequential amendment to the Marine and Coastal Access Act 2009 (Commencement No. 1, Consequential, Transitional and Savings Provisions) (England and Wales) Order 2010.

A Regulatory Impact Assessment has been undertaken in relation to this Order and is available for inspection at the offices of the Welsh Government, Cathays Park, Cardiff, CF10 3NQ.