2019 No. 1498 (W. 274)
Sea Fisheries, Wales
Conservation Of Sea Fish

The Whelk Fishing (Wales) (Amendment) Order 2019

Made
Laid before the National Assembly for Wales
Coming into force
The Welsh Ministers make the following Order in exercise of the powers conferred by section 1(3) and (6) of the Sea Fish (Conservation) Act 19671, now vested in them2.

Title and commencement1.

The title of this Order is the Whelk Fishing (Wales) (Amendment) Order 2019 and it comes into force on 15 January 2020.

Amendment of the Whelk Fishing (Wales) Order 20192.

(1)

The Whelk Fishing (Wales) Order 20193 is amended as follows.

(2)

In article 4, in the English language text, for “purpose” substitute “purposes”.

(3)

For article 5 substitute—

“Prohibition on carriage of specified whelk5.

(1)

For the purposes of section 1(3) of the Act (which prohibits the carriage on specified fishing boats of any sea fish of any description which does not meet the requirements as to size prescribed in relation to sea fish of that description), whelk with a size of less than the specified minimum size may not be carried by a British fishing boat that has fished in the Welsh zone during that boat’s current fishing trip.

(2)

In this article, “current fishing trip” means the time from when the fishing boat departed from a port to the time when it returns to a port.”

Lesley Griffiths
Minister for Environment, Energy and Rural Affairs, one of the Welsh Ministers
EXPLANATORY NOTE
(This note is not part of the Order)

This Order amends the Whelk Fishing (Wales) Order 2019 (S.I. 2019/1042 (W. 184)) (“the Principal Order”).

Article 5 of the Principal Order currently prohibits the carriage of whelk with a size of less than the specified minimum size by British fishing boats within the Welsh zone. The “specified minimum size” for whelk is defined in article 2 of the Principal Order.

Article 2(2) of this Order replaces “purpose” with “purposes” in the English language text of article 4 of the Principal Order.

Article 2(3) substitutes a new article 5 in the Principal Order. The effect of this substitution is that a British fishing boat may carry whelks with a size of less than the specified minimum size within the Welsh zone if it has not fished in the Welsh zone during that particular fishing trip.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to this Order. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with this Order. A copy can be obtained from the Welsh Government, Cathays Park, Cardiff, CF10 3NQ.