Article 7 Variation of the principal Order

After article 6 there shall be inserted the following article—

“Licensing of fishing for clams

6A

(1)

Subject to paragraph (2) below, no person shall dredge, fish for or take clams within the limits of the fishery except under the authority and in accordance with the conditions of a licence issued in that behalf by the Committee.

(2)

The prohibition in paragraph (1) above shall not apply to the activity of picking clams by hand from the shore.

(3)

Subject to the directions of the Minister and the provisions of paragraph (8) of this article, licences may be issued by the Committee in such numbers and to such persons, and may authorise the dredging, fishing for or taking of clams at such times, in such manner and to such extent as the Committee may determine.

(4)

A licence shall be used only by the person named therein or by a person nominated by him therein as his deputy.

(5)

A licence shall be valid for the period not exceeding twelve months specified therein.

(6)

No vessel may be used for dredging, fishing for or taking clams within the fishery except under the authority of a licence in which it is so named.

(7)

Any person dredging, fishing for or taking clams under the authority of a licence issued under this Order shall, when required by any officer authorised by the Committee and after production by that officer of written evidence of his authority if so required, produce such licence and shall desist from dredging, fishing for or taking clams until the same is produced.

(8)

Any fisherman engaged in dredging, fishing for or taking clams within the fishery as a commercial activity or as part of a commercial activity in the fishing season immediately prior to 21st April 1995 shall be entitled to a licence in respect of the first fishing season after the coming into force of this Order and thereafter any such fisherman who has held a licence at any time within the period of 24 months immediately preceding the date of his application to the Committee for a new licence shall be entitled to have a new licence issued to him unless either—

(i)

a licence held by him has within the period of 24 months been cancelled by the Committee under section 4(7) of the Sea Fisheries (Shellfish) Act 1967, or

(ii)

he has on at least two separate occasions been convicted of a relevant offence which was committed on or after 12th April 1996

in which case the Committee shall have absolute discretion to refuse to grant him a new licence.

(9)

For the purpose of this article a relevant offence is an offence under—

(a)

section 3(3) of the Sea Fisheries (Shellfish) Act 1967, or

(b)

a byelaw made under section 5(1)(a) or (b) of the Sea Fisheries Regulation Act 1966 which relates to fishing for clams, or

(c)

a byelaw mader under section 5(1)(d) of the Sea Fisheries Regulation Act 1966.”.