The Menai Strait (East) Mussel and Oyster Fishery Order 2022

Restrictions on the right of several fishery

8.—(1) The right of several fishery may not be exercised by the Grantee.

(2) The Grantee may, from time to time, with the consent of the Welsh Ministers, grant a lease over part of the several fishery area.

(3) The Grantee may not, without the prior written consent of the Welsh Ministers, lease, assign or in any other way transfer the right of several fishery to another person.

(4) Any lease granted by the Grantee must—

(a) not exceed a term of 7 years and where applicable must expire on or before the date upon which the right of several fishery ceases in accordance with article 3;

(b) prohibit assignment of the lease, or the grant of a sub-lease and assignment of it, without the prior written consent of the Welsh Ministers;

(c) require the tenant to maintain laying markings in position and in good repair;

(d) require the tenant to maintain the laying to the satisfaction of the Grantee;

(e) permit the Welsh Ministers, or any person authorised by them, access to the laying for the purpose of—

(i) an environmental survey;

(ii) monitoring stock;

(iii) monitoring the spread of the prescribed species;

(iv) disease prevention; and

(v) the collection of samples.

(f) permit the Grantee to inspect the laying for the purpose of monitoring compliance with the lease;

(g) require the tenant to comply with any site protection notice relating to their laying served on the Grantee; and

(h) provide that in the event of the tenant breaching the lease the Grantee may —

(i) take the necessary action to remedy the breach; and

(ii) terminate the lease.