Article 9 Permit conditionsI1

England and Wales

(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

Annotations

Textual amendments

F1: Word in art. 9(4) substituted (1.8.2025) by The Amendments to Subordinate Legislation (Minimum Landing Size and Miscellaneous Corrections) (Wales) Order 2025 (S.I. 2025/815), arts. 1(2), 7(2)
F2: Art. 9(7)(b) substituted (1.8.2025) by The Amendments to Subordinate Legislation (Minimum Landing Size and Miscellaneous Corrections) (Wales) Order 2025 (S.I. 2025/815), arts. 1(2), 7(3)

Commencement

I1: Art. 9 in force at 10.7.2024, see art. 1(2)(a)