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The Cockle Fishing Management and Permitting (Specified Area) (Wales) Order 2024

W.S.I. 2024/767 · Made 25 June 2024 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 1 August 2025.

Sea Fisheries, Wales

Made 25 June 2024

Laid before Senedd Cymru 26 June 2024

Coming into force in accordance with article 1(2)

The Welsh Ministers, in exercise of powers conferred on them by sections 189(1) and 316(1) of the Marine and Coastal Access Act 2009f1, make the following Order.

Annotations to the whole text

Footnotes

f1

2009 c. 23. Section 189 was amended by paragraph 28 of Schedule 10 to the Fisheries Act 2020 (c. 22). Provision which the authority for an IFC district may make by byelaw under section 155 for the purposes set out in section 153 and 154, is further described in sections 156 to 158.

Contents

  1. Part 1: Introduction
  2. 1Title, application and coming into force
  3. 2Interpretation
  4. Part 2: Management of cockle beds within the specified area and fishing restrictions
  5. 3Prohibition
  6. 4Restriction on fishing activity
  7. 5Assessment of cockle beds
  8. 6Duty to open a cockle bed
  9. 7Duty to close a cockle bed
  10. Part 3: Permits to fish for or take cockles
  11. 8Requirement for a permit
  12. 9Permit conditions
  13. 10Persons entitled to a permit
  14. 11Application for a permit
  15. 12Permit fees
  16. 13Production of permits and additional requirements
  17. Part 4: Exemptions, re-deposit of cockles and final provisions
  18. 14Exemptions
  19. 15Re-deposit of cockles
  20. 16Declarations, notices and permits
  21. 17Revocations and amendments: general
  22. 18Revocations and amendments: Burry Inlet cockle fishery
  23. Signature
  24. Schedule 1: Specified Area
  25. 1Paragraph 1
  26. Schedule 2: Permit conditions
  27. 1Paragraph 1
  28. 2Requirement to check the status of a cockle bed
  29. 3Prohibition on fishing at night
  30. 4Restriction on the use of vessels
  31. 5Paragraph 5
  32. 6Daily catch returns
  33. 7Gathering and sorting of cockles
  34. 8Paragraph 8
  35. 9Requirement to carry and produce the permit
  36. Schedule 3: Revocations and amendment
  37. Part 1: Secondary Legislation
  38. 1Marine and Coastal Access Act 2009 (Commencement No. 1, Consequential, Transitional and Savings Provisions) (England and Wales) Order 2010
  39. 2The Cockles and Mussels (Specified Area) (Wales) Order 2011
  40. Part 2: Byelaws of the former Sea Fisheries Committees
  41. 3Byelaws of the former North Western and North Wales Sea Fisheries Committee
  42. 4Byelaws of the former South Wales Sea Fisheries Committee
  43. Part 3: The Burry Inlet cockle fishery
  44. 5Paragraph 5
  45. 6Paragraph 6
  46. Explanatory note

1Title, application and coming into forceI1

(1)

The title of this Order is the Cockle Fishing Management and Permitting (Specified Area) (Wales) Order 2024.

(2)

This Order applies in relation to Wales and comes into force as follows—

(a)

Parts 1, 2, 3, articles 14, 15, 16 and 17 of Part 4, Schedule 1, Schedule 2 and Parts 1 and 2 of Schedule 3 to this Order come into force on 10 July 2024;

(b)

article 18 of Part 4 and Part 3 of Schedule 3 to this Order come into force on the 16 June 2025f1.

F1(3)

In this article, “Wales” (“Cymru”) has the same meaning as in section 158(1) of the Government of Wales Act 2006.

2InterpretationI1

In this Order—

  • “the 2009 Act” (“Deddf 2009”) means the Marine and Coastal Access Act 2009;

  • F1...

  • “cockle bed” (“gwely cocos”) means an area of sand or fine sediment within the specified area where an aggregation of cockles is present;

  • F2“cockles” (“cocos”) means shellfish of the type Cerastoderma edule;

  • “environmental assessment” (“asesiad amgylcheddol”) means an assessment of the implications of opening a cockle bed on a protected site under regulation 63 or regulation 65 of the Conservation of Habitats and Species Regulations 2017f1;

  • “harvestable surplus” (“F3gornifer cocos y gellir eu cynaeafu) means the live weight of cockles that can be fished for or taken from the cockle bed without negatively impacting the long term sustainability of the cockle bed;

  • “intertidal safety training course” (“cwrs hyfforddiant ar ddiogelwch rhynglanwol”) means a course that aims to make attendees familiar with conducting risk assessments, tidal information, position fixing, danger of crossing water and soft areas, commercial boat use legislation and how to request assistance in an emergency;

  • “live weight” (“pwysau byw”) means the weight of live cockles determined by weighing them in woven mesh sacks with no allowance being made of the weight of the mesh sack, whether wet or dry, nor of sand or other materials present in the sack;

  • “relevant protected site” (“safle gwarchodedig perthnasol”) means a European marine site, within the meaning of the Conservation of Habitats and Species Regulations 2017 and a site of special scientific interest, within the meaning of the Wildlife and Countryside Act 1981f2;

  • “single permit period” (“un cyfnod trwydded”) means—

    1. (a)

      the period beginning on 1 June in a calendar year until the end of 31 May the following year, or

    2. (b)

      where the permit is issued after 1 June in a calendar year, the period beginning when the permit is issued until the end of 31 May the following year;

  • “specified area” (“ardal benodedig”) means the area described in Schedule 1 to this Order;

  • F4...

  • “vessel” (“llestr”) has the same meaning as in section 115(1) of the 2009 Act and, for the purposes of this Order, refers to a vessel used to carry cockles fished for or taken from a cockle bed.

3ProhibitionI1

No person may fish for or take cockles or knowingly allow or assist another person to fish for or take cockles—

(a)

from a closed cockle bed, and

(b)

except and to the extent authorised by a permit issued under Part 3.

4Restriction on fishing activityI1

All cockle beds are closed until they are assessed and declared open by the Welsh Ministers under articles 5 and 6.

5Assessment of cockle bedsI1

(1)

In order to determine whether the criteria set out in article 6(a) and (b) have been met, the Welsh Ministers must assess all cockle beds that are closed under article 4 before the end of September 2024.

(2)

From 1 January 2025, the Welsh Ministers must assess all cockle beds at least once during each calendar year.

(3)

For the purposes of this Part the terms “assess” and “assessment” mean the completion of—

(a)

a stock survey,

(b)

calculation of a harvestable surplus, and

(c)

if there is a harvestable surplus, any required environmental assessment.

6Duty to open a cockle bedI1

The Welsh Ministers must by declaration, open a cockle bed if an assessment carried out under article 5 has concluded that—

(a)

there is a harvestable surplus, and

(b)

opening the cockle bed subject to conditions on fishing for or taking cockles from that bed will not adversely affect the integrity of a relevant protected site.

7Duty to close a cockle bedI1

(1)

The Welsh Ministers must by declaration close an open cockle bed if there is evidence that—

(a)

the harvestable surplus has been fished or taken,

(b)

closure is necessary to avoid an adverse effect on the integrity of a relevant protected site, or

(c)

closure is necessary to assess the risk of adverse effect on the integrity of a relevant protected site.

(2)

A declaration closing a cockle bed must include the reason why it has been closed.

8Requirement for a permitI1

(1)

The Welsh Ministers may issue a permit for the purpose of authorising fishing for or taking cockles from the specified area.

(2)

The permit may be issued—

(a)

to a person, and

(b)

for a single permit period.

(3)

The permit will enable the permit holder to fish for or take cockles from open cockle beds during the permit period.

(4)

A permit may not be transferred from one person to another.

9Permit conditionsI1

(1)

Every permit issued by the Welsh Ministers under article 8 is subject to—

(a)

the conditions set out in Schedule 2 to this Order, and

(b)

any additional conditions required to regulate the fishing for or taking of cockles from a specified cockle bed.

(2)

The additional conditions referred to in paragraph (1)(b) are as follows—

(a)

an amended harvestable surplus;

(b)

a daily catch limit;

(c)

a specified minimum landing size;

(d)

specified dates, times or tides during which fishing for and taking cockles is not permitted;

(e)

specified methods or equipment that may be used when fishing for or taking cockles;

(f)

specified means of access to the specified area or a cockle bed;

(g)

other conditions on fishing for or taking cockles required by the environmental assessment of the cockle bed under article 5.

(3)

The Welsh Ministers may vary the additional conditions or remove them from permits.

(4)

Where reasonably practicable, the Welsh Ministers F1must consult with permit holders and other relevant stakeholders before varying or removing additional conditions.

(5)

The Welsh Ministers must notify the following persons of a decision to vary or remove additional conditions—

(a)

permit holders, and

(b)

any other person who they consider appropriate.

(6)

A notification under paragraph (5) must include the reasons for the Welsh Ministers’ decision.

(7)

In this article—

(a)

“a daily catch limit” means the total live weight of cockles which may be fished for or taken each day by each permit holder;

F2(b)

“minimum landing size” means the smallest size of cockle that is retained by a gauge having a square opening of X millimetres measured across each side of the square, with “X” being the measurement set in conditions attached to a permit issued under article 8 of this Order

10Persons entitled to a permitI1

(1)

A person may apply for a permit if they—

(a)

are 16 years of age or over,

(b)

hold an intertidal safety training course certificate issued within the preceding 3 year period, and

(c)

have not been convicted within the preceding 12 month period, or the preceding 6 month period if they were under 18 at the date of their conviction, of a relevant offence.

(2)

In this article, “relevant offence” means—

(a)

an offence under section 3(3) (contravening a fishery regulating order etc) of the Sea Fisheries (Shellfish) Act 1967f1;

(b)

an offence under section 31(2) (refusing entry, search and investigation to a water bailiff) of the Salmon and Freshwater Fisheries Act 1975f2;

(c)

an offence under—

(i)

section 139 (contravention of orders under sections 134, 134A, 134B or 136),

(ii)

section 190 (contravention of orders under section 189), or

(iii)

section 292 (offences in relation to enforcement officers), of the 2009 Actf3.

11Application for a permitI1

(1)

To apply for a permit, a person must—

(a)

submit to the Welsh Ministers a completed application in such form as the Welsh Ministers may require,

(b)

provide such proof as the Welsh Ministers may require of their—

(i)

identity,

(ii)

address,

(iii)

completion of an intertidal safety training course, and

(iv)

national insurance number or Unique Taxpayer Reference Number,

(c)

where a vessel will be used to carry cockles from a cockle bed, provide information or documentation relating to—

(i)

the vessel master;

(ii)

the vessel, including the number of the Maritime and Coastguard Agency certificate of coding (if applicable), and

(d)

pay the annual permit fee.

(2)

An application may be made in respect of a single permit period.

12Permit feesI1

(1)

The annual permit fee—

(a)

is to be determined by the Welsh Ministers,

(b)

F1must apply to each permit, and

(c)

F2must apply even where a permit is applied for and issued partway through a permit period.

(2)

In determining the annual permit fee, the Welsh Ministers may take into account—

(a)

expenditure arising from the management of the cockle beds,

(b)

expenditure arising from any scientific surveys or environmental assessments relating to the cockle beds,

(c)

expenditure arising from the administration of permit applications,

(d)

expenditure arising from any analysis of daily catch returns, and

(e)

any other relevant expenditure.

13Production of permits and additional requirementsI1

(1)

A person fishing for or taking cockles must produce a copy of that person’s permit if requested to do so by a person authorised by the Welsh Ministers.

(2)

A person who has been requested to produce a permit under paragraph (1) must not fish for or take cockles from a cockle bed until that permit has been produced.

(3)

A person in the vicinity of a cockle bed must carry out the reasonable instructions of a person exercising functions under this Order.

(4)

A person must not obstruct a person carrying out functions under this Order.

14ExemptionsI1

The provisions of this Order do not apply—

(a)

to a person who takes, by hand, no more than 5 kilograms in live weight of cockles in any one day for personal consumption,

(b)

to a person who fishes for or takes cockles with the prior written authority of the Welsh Ministers for scientific or fisheries management purposes, and

(c)

to the extent that they prohibit, restrict or interfere with,

(i)

any right of several fishery, or

(ii)

any right on, to or over any part of the seashore that is enjoyed by a person under a local or special Act of the Parliament of the United Kingdom, a Royal charter, letters patent, or by prescription or immemorial usage.

15Re-deposit of cocklesI1

(1)

A person who fishes for or takes cockles contrary to the provisions in this Order must re-deposit the cockles on the cockle bed from which they were taken in accordance with instructions from a marine enforcement officer.

(2)

When re-depositing cockles under paragraph (1), the cockles must be spread thinly and evenly.

(3)

In this article a “marine enforcement officer” has the same meaning as in section 235(1) of the 2009 Act.

16Declarations, notices and permitsI1

(1)

A declaration, notification or permit made or issued under this Order must be made in writing.

(2)

Declarations and notifications made under this Order F1must be published on the Welsh Government websitef1 and, whenever practicable, declarations must be placed in clearly visible locations on or near the cockle bed.

(3)

Where anything under this Order must be done in writing, that includes an electronic communication as defined in section 15(1) of the Electronic Communications Act 2000f2, which has been recorded and is consequently capable of being reproduced.

(4)

Declarations and notifications may be amended or revoked by subsequent declarations or notices.

17Revocations and amendments: generalI1

(1)

Part 1 of Schedule 3 contains revocations and amendments to secondary legislation.

(2)

Part 2 of Schedule 3 contains revocations and amendments to the Byelaws of the former North Western and North Wales Sea Fisheries Committeef1 and the Byelaws of the former South Wales Sea Fisheries Committeef2.

18Revocations and amendments: Burry Inlet cockle fisheryI1

Part 3 of Schedule 3 contains revocations and amendments to the Marine and Coastal Access Act 2009 (Commencement No 1, Consequential, Transitional and Savings Provision) (England and Wales) Order 2010f1 and the Byelaws of the former South Wales Sea Fisheries Committee in respect of the Burry Inlet cockle fishery.

Signature

Huw Irranca-Davies

Cabinet Secretary for Climate Change and Rural Affairs, one of the Welsh Ministers

25 June 2024

1I1

(1)

The specified area lies within the following limits—

(a)

a line drawn eastwards from Ginst Point (map reference SN 332079) to Pen Tywyn Point (map reference SN 357064);

(b)

a line drawn from—

(i)

position A (map reference SS 4280 9422) to,

(ii)

position B (map reference SS 4420 9862) to,

(iii)

position C (map reference SS 4472 9670), and

(iv)

along the Highest Astronomical Tides to position A;

(c)

a line drawn—

(i)

on the West, from the seaward end of Pembrey Pier to the most northerly point of Whiteford Point, which lies between F1High Water Mark of Ordinary Tides on the northern and southern shores of the estuary respectively;

(ii)

on the east, from the seaward side of that part of the Loughor Railway Bridge which is situated between High Water Mark of Ordinary Tides on the north-western and south-eastern shores respectively and a line drawn from the south-eastern end of that part of the railway bridge due south until it again meets High Water Mark of Ordinary Tides;

(iii)

on the north and south, from the High Water Mark of Ordinary Tides on the northern and southern shores of the estuary respectively between the western and eastern boundaries;

(d)

the area below the line of the Highest Astronomical Tides enclosed by a line drawn between—

(i)

point A (latitude 53˚18’.87N, longitude 004˚12’.30W, map reference SH 5320 8200), and

(ii)

point B (latitude 53˚18’.95N, longitude 004˚07’.76W, map reference SH 5825 8200);

(e)

a line drawn between the following positions, as described—

(i)

a straight line from latitude 53˚08’.08N, longitude 004˚21’.05W, map reference SH 4274 6234 to latitude 53˚08’.63N, longitude 004˚19’.02W, map reference SH 4504 6328;

(ii)

along the line of the Highest Astronomical Tides from latitude 53˚08’.63N, longitude 004˚19’.02W, map reference 4504 6328 to latitude 53˚08’.89N, longitude 004˚17’.90W, map reference 4632 6372;

(iii)

a straight line from latitude 53˚08’.89N, longitude 004˚17’.90W, map reference 4632 6372 to latitude 53˚08’.01N, longitude 004˚17’.85W, map reference 4632 6210;

(iv)

along the line of the Highest Astronomical Tides from latitude 53˚08’.01N, longitude 004˚17’.85W, map reference 4632 6210 to latitude 53˚07’.68N, longitude 004˚18’.55W, map reference 4552 6150;

(v)

a straight line from latitude 53˚07’.68N, longitude 004˚18’.55W, map reference 4552 6150 to latitude 53˚07’.66N, longitude 004˚19’.57W, map reference 4438 6150;

(vi)

along the Highest Astronomical Tides from latitude 53˚07’.66N, longitude 004˚19’.57W, map reference 4438 6150 to latitude 53˚08’.08N, longitude 004˚21’.05W, map reference 4274 6234;

(f)

a line drawn between the following positions, as described—

(i)

a straight line from latitude 53˚13’.84N, longitude 004˚04’.53W, map reference SH 6157 7241 to latitude 53˚15’.15N, longitude 004˚05’.17W, map reference SH 6092 7486;

(ii)

a straight line from latitude 53˚15’.15N, longitude 004˚05’.17W, map reference SH 6092 7486 to latitude 53˚16’.15N, longitude 003˚59’.46W, map reference SH 6732 7654;

(iii)

a straight line from latitude 53˚16’.15N, longitude 003˚59’.46W, map reference SH 6732 7654 to latitude 53˚15’.59N, longitude 003˚58’.81W, map reference SH 6801 7548;

(iv)

along the line of the Highest Astronomical Tides from latitude 53˚15’.59N, longitude 003˚58’.81W, map reference SH 6801 7548 to latitude 53˚13’.84N, longitude 004˚04’.53W, map reference SH 6157 7241.

(2)

In this Schedule the term “Highest Astronomical Tides” means the highest level of tide which can be predicted to occur under average meteorological conditions and any combination of astronomical conditions.

1I1

The following conditions apply to all permits issued by the Welsh Ministers under article 8 of this Order.

2Requirement to check the status of a cockle bedI1

The permit holder must check the Welsh Government’s websitef1 each day to confirm a cockle bed is open before they fish for or take cockles from that cockle bed.

3Prohibition on fishing at nightI1

The permit holder must not fish for or take cockles or knowingly allow or assist another person to fish for or take cockles from a cockle bed between half an hour after sunset on any day and half an hour before sunrise on the following day.

4Restriction on the use of vesselsI1

The permit holder must not use a vessel over 10 metres in overall length when measured from bow to stern, when fishing for or taking cockles from a cockle bed.

5I1

A permit holder must notify the Welsh Ministers if the details relating to the vessel identified in their permit application change at any time during the permit period.

6Daily catch returnsI1

(1)

The permit holder must submit a daily catch return to the Welsh Ministers within two days of the day on which those cockles were fished for or taken from a cockle bed.

(2)

A daily catch return must record—

(a)

the date of each catch of cockles,

(b)

the total live weight of all cockles gathered on that date, and

(c)

the cockle bed from which the cockles were gathered.

7Gathering and sorting of cocklesI1

The permit holder must sort and wash cockles before they are taken from the cockle bed and for these purposes, a cockle is deemed as taken from a cockle bed as soon as it is placed in a container (including bags, sacks, and other similar receptacles).

8I1

(1)

The permit holder must not have in their possession or vessel a net bag while on a cockle bed or use a net bag to gather cockles from a cockle bed.

(2)

For the purposes of this paragraph “net bag” means a flexible handheld device used to fish for or take cockles which has a rigid frame and a wide, open net.

9Requirement to carry and produce the permitI1

The permit holder must carry their permit at all times (either in electronic or paper form) while gathering cockles from a cockle bed.

1Marine and Coastal Access Act 2009 (Commencement No. 1, Consequential, Transitional and Savings Provisions) (England and Wales) Order 2010I1

(1)

The Marine and Coastal Access Act 2009 (Commencement No. 1, Consequential, Transitional and Savings Provisions) (England and Wales) Order 2010f1 is amended as follows.

(2)

In the Table in Schedule 3 (Byelaws of the former South Wales Sea Fisheries Committee), delete the rows relating to Byelaw 21 (Prohibition of night gathering of Cockles) and Byelaw 47 (Permit to Take Cockles within the Three Rivers Estuary).

(3)

In the Table in Schedule 4 (Byelaws of the former North Western and North Wales Sea Fisheries Committee), delete the row relating to Byelaw 14 (Cockle Fishery – Seasonal Closure).

2The Cockles and Mussels (Specified Area) (Wales) Order 2011I1

(1)

The Cockles and Mussels (Specified Area) (Wales) Order 2011f1 is amended as follows.

(2)

In article 2—

(a)

omit the definition of “cockles” (“cocos”);

(b)

omit the definition of “specified shellfish” (“pysgod cregyn penodedig”).

(3)

In article 3—

(a)

for “the specified shellfish” in each place it occurs, substitute “mussels”;

(b)

in paragraph (1), for “specified shellfish” substitute “mussels”;

(c)

in paragraph (2)(a), omit “five kilograms in live weight of cockles and”.

(4)

In article 6(1)(a), for “the specified shellfish”, substitute “mussels”.

(5)

In article 7, for “the specified shellfish” in each place it occurs, substitute “mussels”.

(6)

In article 8—

(a)

in paragraph (1), for “specified shellfish” substitute “mussels”;

(b)

in paragraph (1), for “shellfish” substitute “mussels”;

(c)

in paragraph (2)—

(i)

in sub-paragraph (a) and (d), for “specified shellfish” substitute “mussels”;

(ii)

omit sub-paragraph (b).

3Byelaws of the former North Western and North Wales Sea Fisheries CommitteeI1

(1)

The Byelawsf1 of the former North Western and North Wales Sea Fisheries Committee are amended as follows.

(2)

In Byelaw 12 (Restrictions on Fishing for Bivalve Molluscan Shellfish)—

(a)

omit paragraph 1 b) and the “or” following it;

(b)

after paragraph 3, insert “References in this Byelaw to bivalve molluscan shellfish do not include cockles.”

(3)

In Byelaw 13 (Cockles – Minimum Size), at the end insert “This Byelaw does not apply in the Specified Area defined in article 2 of and Schedule 1 to F1the Cockle Fishing Management and Permitting (Specified Area) (Wales) Order 2024.”

(4)

In Byelaw 13A (Cockles and Mussels – Management of the Fishery)—

(a)

omit “cockles and” and “cockles or” in each place these occur, including in the heading;

(b)

in paragraph 1, omit “cockle (Cerastoderma edule) or”;

(c)

F2in paragraphs 2 and 3, in both places it occurs, omit “cockle or”.

(5)

Byelaw 14 (Cockle Fishery – Seasonal Closure) is revoked.

(6)

In Byelaw 16 (Shell Fishery – Temporary Closure), at the end insert “This Byelaw does not apply in relation to cockles”.

(7)

In Byelaw 17 (Re-Deposit of Shellfish), omit “, and in re-depositing cockles, in accordance with this byelaw, shall spread them thinly and evenly over the beds”.

4Byelaws of the former South Wales Sea Fisheries CommitteeI1

(1)

The Byelawsf1 of the former South Wales Sea Fisheries Committee are amended as follows.

(2)

In Byelaw 13 (Shellfish – Minimum Sizes) , omit paragraph c).

(3)

Byelaw 21 (Prohibition of Night Gathering of Cockles) is revoked.

(4)

In Byelaw 22 (Allowance for Weighing), at the end insert “This Byelaw does not apply in relation to cockles”.

(5)

In Byelaw 23 (Shellfish – Re-Deposit of)—

(a)

omit “, and in re-depositing cockles (Crerastoderma edule), in accordance with this Byelaw shall spread them thinly and evenly over the beds”;

(b)

at the end insert “This Byelaw does not apply in relation to cockles”.

(6)

In Byelaw 24 (Temporary Closure of Shellfish Fisheries), after paragraph ii insert “This Byelaw does not apply in relation to cockles”.

(7)

In Byelaw 40 (Bivalve Molluscan Shellfish - Methods of Fishing), at the end insert “This Byelaw does not apply in relation to cockles”.

(8)

Byelaw 47 (Permit to Take Cockles within the Three Rivers Estuary) is revoked.

5I1

(1)

The Marine and Coastal Access Act 2009 (Commencement No 1, Consequential, Transitional and Savings Provision) (England and Wales) Order 2010 is amended as follows.

(2)

In the Table in Schedule 3 (Byelaws of the former South Wales Sea Fisheries Committee), delete the rows relating to Byelaw 15 (Vehicle Usage in the Burry Inlet Cockle Fishery), Byelaw 16 (No Sunday Gathering), Byelaw 17 (The Licensing of Cockle Gathering in the Burry Inlet), Byelaw 18 (Daily Cockle Quota (Burry Inlet)), and Byelaw 19 (Personal Cockle Gathering – Burry Inlet).

6I1

(1)

The Byelaws of the former South Wales Sea Fisheries Committee are amended as follows.

(2)

Byelaw 15 (Vehicle Usage in the Burry Inlet Cockle Fishery) is revoked.

(3)

Byelaw 16 (No Sunday Gathering) is revoked.

(4)

Byelaw 17 (The Licensing of Cockle Gathering in the Burry Inlet) is revoked.

(5)

Byelaw 18 (Daily Cockle Quota (Burry Inlet)) is revoked.

(6)

Byelaw 19 (Personal Cockle Gathering – Burry Inlet) is revoked.

Explanatory note

(This note is not part of the Order)

This Order introduces management measures and a permitting regime for the management of the exploitation of cockles from cockle beds within the specified area in Wales.

The Order, which applies in relation to Wales, amends or revokes and replaces the Byelaws of the former North Western and North Wales Sea Fisheries Committee and the former South Wales Sea Fisheries Committee and provisions of the Cockles and Mussels (Specified Areas) (Wales) Order 2011 in so far as they regulate cockle fishing.

The Sea Fisheries Committees were abolished in relation to Wales on 1 April 2010 when the Sea Fisheries Regulation Act 1966 was repealed by section 187 of the Marine and Coastal Access Act 2009.

The Byelaws of the former North Western and North Wales Sea Fisheries Committee and former South Wales Sea Fisheries Committee have had effect since 1 April 2010 as if made by the Welsh Ministers in a statutory instrument by virtue of article 13(1) and (3) and Schedules 3 and 4 to the Marine and Coastal Access Act 2009 (Commencement No. 1, Consequential, Transitional and Savings Provisions) (England and Wales) Order 2010.

Part 1 of this Order (articles 1 and 2) deals with introductory matters.

Part 2 of this Order (articles 3 to 7) makes provision for the management of cockle beds within the specified area. Fishing for and taking cockles from cockle beds which are closed and without a permit is prohibited under article 3. Articles 5 to 7 provide for the assessment and the opening and closing of cockle beds within the specified area.

The specified area is described in Schedule 1.

Part 3 of this Order (articles 8 to 13 and Schedule 2) makes provision for a new cockle permitting regime setting out the requirement for a permit to fish and making provision about eligibility, the duration of a permit and fees. Article 9 and Schedule 2 provide for conditions to be attached to permits.

Part 4 of this Order (articles 14 to 18 and Schedule 3) makes provision for exemptions from the provisions of this Order, the re-deposit of cockles and for the revocation and amendment of various Byelaws of the former North Western and North Wales and the former South Wales Sea Fisheries Committees and the amendment of the Cockles and Mussels (Specified Area) (Wales) Order 2011.

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, Fisheries Division, Cathays Park, Cardiff CF10 3NQ and is published on www.gov.wales.