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

EXPLANATORY NOTE

(This note is not part of the Order)

This Order confers on the Menai Strait Fishery Order Management Association (Company number: 07163689) (“the Grantee”) a right of several fishery and a right of regulating a fishery for prescribed species of shellfish. The prescribed species are mussels and oysters. The rights subsist over an area of approximately 694 hectares of the foreshore and bed of the Menai Strait in the counties of Gwynedd and Anglesey as specified in the Schedule to this Order (“the Order area”). The right of several fishery and the right of regulating a fishery are conferred on the Grantee for a period of 35 years commencing on 2 April 2022.

Part 1 of the Order makes provision for introductory matters. Article 1 of the Order provides for the title, commencement and application. Article 2 provides for interpretation of the Order.

Part 2 of the Order makes provision for the exercise of the right of several fishery. Article 3 confers a right of several fishery on the Grantee over the several fishery area. Article 4 provides that the Grantee may designate, with the consent of the Welsh Ministers, any part of the Order area as the several fishery area. Article 5 provides for the Welsh Ministers’ consent to the designation. Article 6 provides that the Grantee may cancel a designation of the several fishery area. Article 7 provides for the Welsh Ministers’ consent to a cancellation. Article 8 prohibits the Grantee from exercising the right of several fishery and provides that they can, subject to certain restrictions including a requirement for Welsh Ministers’ consent, grant a lease of the right of several fishery across all or part of the several fishery area (“a laying”) to others (“the tenants”). Article 9 provides for the Welsh Ministers’ consent to the grant of a lease of the right of several fishery. Article 10 requires the Grantee to take all reasonable steps to monitor the tenant’s compliance with a lease. Article 11 provides for the effect of a lease. Article 12 provides that if a laying becomes vacant the Grantee must advertise the opportunity to apply for a lease and the criteria against which an application will be assessed. Article 13 requires the Grantee apply any rents received by them under a lease for specified purposes.

Part 3 of the Order makes provision for the exercise of the right of regulating a fishery. Article 14 confers a right of regulating a fishery in relation to the regulated fishery area. Article 2 provides that the regulated fishery area is any part of the Order area not designated as the several fishery area under article 4. Article 15 prohibits any person from dredging for, fishing for or taking any of the prescribed species in the regulated fishery area without a licence. Article 16 provides for the matters that the Grantee must have regard to when exercising their licensing functions. Article 17 provides for licence applications, for publication of information about the licence application process and for amendment of a licence. Article 18 sets out details which must be included in all licences. Article 19 provides for the toll payable upon a licence application. Article 20 provides that the Grantee may, with the consent of the Welsh Ministers, make regulations in relation to the dredging, fishing for or taking of any of the prescribed species in the regulated fishery. Article 21 provides for the Welsh Ministers’ consent to regulations made under article 20.

Part 4 of the Order makes miscellaneous provision applicable to both rights of fishery. Article 22 requires the Grantee to keep publicly available an illustrative map of the Order area. Article 23 requires the Grantee to provide to the Welsh Ministers accounts of income and expenditure, other information regarding the Order and to permit the Welsh Ministers to inspect the Order area. Article 24 requires the Grantee to submit an annual catch return to the Welsh Ministers. Article 25 provides that the Welsh Ministers may request that the Grantee mark out the Order area and the boundary between the several fishery area and the regulated fishery area. Article 26 provides that nothing in this Order will affect prejudicially the rights of landowners in the Order area. Article 27 provides that nothing in this Order will affect prejudicially the exercise of any statutory functions by a statutory undertaker. Article 28 revokes the Menai Strait Oyster and Mussel Fishery Order 1962 (S.I. 1962/705) and the Menai Strait Oyster and Mussel Fishery (Amendment) Order 1964 (S.I. 1964/550).

The Schedule to the Order sets out the co-ordinates of the Order area. An illustrative map of the Order area is included at the end of this note.

The rights of fishery conferred by this Order are subject to sections 5 to 5E of the Sea Fisheries (Shellfish) Act 1967 (“the Act”). Section 5(1) of the Act provides the Welsh Ministers with a power to determine the fishery if they are not satisfied that the Grantee is properly cultivating or carrying into effect this Order. Section 5A of the Act provides that any order made by the Welsh Ministers under section 1 of the Act must contain appropriate provision to prevent harm to any European marine site and for protecting the marine environment. Section 5B of the Act provides the Welsh Ministers with power to serve a site protection notice on the Grantee if it appears to them that harm to a European marine site has occurred, or is likely to occur, as a result of any activity carried out in exercise of a right conferred under this Order. A site protection notice may require the Grantee to take steps to prevent harm (or further harm) to the European marine site. Under Section 5C the Grantee may appeal against a site protection notice. Section 5D provides that the Welsh Ministers may, in the event the Grantee does not comply with a notice, take the steps identified in the notice themselves, and recover any costs incurred from the Grantee. Section 5E provides that if the Grantee fails to comply with the notice, and has not appealed against it, the Welsh Ministers may vary or revoke this Order to reflect the effect of the site protection notice.

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.