PART 2The right of several fishery
The right of several fishery3
The right of several fishery for the prescribed species is conferred on the Grantee for a period of 35 years beginning on 2 April 2022 in relation to the several fishery area11.
Designation of several fishery area4
1
The Grantee may, from time to time, with the consent of the Welsh Ministers, designate the several fishery area.
2
The designation must be in writing and must—
a
identify all areas to be designated by reference to an area within a line drawn between listed co-ordinates;
b
confirm that it is made under this article;
c
state the date upon which it is to take effect; and
d
be signed by the Grantee.
3
The designation must be published by the Grantee on their website no later than 7 days after it takes effect.
Welsh Ministers’ consent to a designation made under article 4(1)5
1
A request for the Welsh Ministers’ consent to a designation under article 4(1) must be made in writing and —
a
identify the area of the proposed several fishery area in accordance with article 4(2)(a);
b
include an illustrative map of the Order area with proposed boundaries between the regulated fishery area and the several fishery area marked on it;
c
include a statement from the Grantee in support of the request; and
d
where the Grantee has made regulations under article 20, confirm that the Grantee has given consideration to whether amendment of those regulations is necessary.
2
The Grantee must not seek the Welsh Ministers’ consent to a designation under article 4(1) that includes a part of the Order area in relation to which there are licences in force.
3
The Welsh Ministers may require the Grantee to provide them with any further information as they reasonably require to consider the request.
4
When considering whether to consent to a designation the Welsh Ministers must have regard to—
a
the impact of the designation on the European marine sites; and
b
the impact of the designation on the marine environment.
5
The Welsh Ministers’ consent must be given in writing.
Cancellation of a designation made under article 4(1)6
1
The Grantee may, from time to time, with the consent of the Welsh Ministers, cancel the designation made under article 4(1).
2
A cancellation of the designation must be made in writing and must—
a
confirm it is made under this article;
b
confirm the date upon which it is to take effect; and
c
be signed by the Grantee.
3
The Grantee must not seek the Welsh Ministers’ consent to a cancellation that includes a part of the Order area in relation to which there are leases in force.
4
The cancellation of the designation must be published by the Grantee on their website no later than 7 days after it takes effect.
Welsh Ministers’ consent to cancellation of a designation made under article 4(1)7
1
A request for the Welsh Ministers’ consent to a cancellation of a designation made under article 4(1) must be made in writing and—
a
include a statement from the Grantee in support of the request;
b
confirm it is made under this article;
c
confirm the date upon which it takes effect; and
d
be signed by the Grantee.
2
The Welsh Ministers may require the Grantee to provide them with any further information as they reasonably require to consider the request.
3
When considering whether to consent to a cancellation the Welsh Ministers must have regard to—
a
the impact of the cancellation on the European marine sites; and
b
the impact of the cancellation on the marine environment.
4
The Welsh Ministers’ consent must be given in writing.
Restrictions on the right of several fishery8
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.
Welsh Ministers’ consent to a lease9
1
A request for the Welsh Ministers’ consent under article 8(2) must be made in writing and include—
a
a copy of the draft lease; and
b
a statement from the Grantee in support of the request.
2
The Welsh Ministers may require the Grantee to provide them with any further information they reasonably require to consider the request.
3
Before consenting to any lease the Welsh Ministers must have regard to —
a
the impact of the proposed lease upon the European marine sites;
b
the impact of the proposed lease upon the marine environment.
4
The Welsh Ministers’ consent must be given in writing.
Grantee’s duty to monitor compliance with a lease10
The Grantee must take all reasonable steps to monitor the tenant’s compliance with any lease granted.
Effect of a lease11
A lease has effect as if the right which it confers on the tenant were conferred by an order made under section 1 of the Act, and as if any terms and conditions contained in the lease were contained in such an order.
New lease opportunities12
1
In the event that a laying becomes vacant, before granting a new lease, the Grantee must—
a
advertise the opportunity to apply for a lease on their website and in at least one local newspaper;
b
publish on their website the criteria the Grantee will use to assess the applications received;
c
allow a period of at least 28 days for submission of applications; and
d
assess all applications according to published criteria and in accordance with paragraph (2).
2
When assessing applications received from prospective tenants, the Grantee must have regard to whether applicants can demonstrate either —
a
evidence of competence to safely operate a laying; or
b
proposals to obtain relevant training or qualifications to acquire competence to safely operate a laying.
3
For the purposes of paragraph (1), a laying becomes vacant if the tenant of that laying—
a
surrenders their lease to the Grantee;
b
forfeits their lease to the Grantee; or
c
at the expiry of the term of one lease, does not seek a new lease.
Income from the several fishery area13
All income received by the Grantee by way of rent payable under a lease must be applied for the following purposes in order of priority listed below—
a
discharging the expenses of obtaining this Order;
b
marking out the boundaries of the several fishery area and layings;
c
the destruction of pests harmful to the prescribed species; and
d
management, supervision and improvement of the several fishery area.