Explanatory note

This Order grants the Kent and Essex Inshore Fisheries and Conservation Authority (“the Authority”) a right of regulating the cockle fishery over the estuary of the River Thames for a period of 28 years.

Article 3 gives the Authority the right to regulate a fishery for cockles within the limits of the regulated fishery. The regulated fishery is described in Schedule 1.

Article 4 provides that no one may dredge, fish for or take cockles in the regulated fishery without a licence issued by the Authority, unless an exemption applies under article 10. Schedule 2 sets out specific restrictions applicable to the regulated fishery.

Article 5 addresses licence applications, duration, renewal and suspension. Schedule 3 lists various matters which may be included in the terms of a licence.

Article 6 makes provision for the issuing of transitional period licences to the owners of fishing vessels where specified conditions are met.

Article 7 makes provision for an annual payment by licence holders to the Authority.

Article 8 enables the creation by the Authority of reserves where activities connected with fishing for cockles may be restricted or prohibited. In order to support the cultivation of the regulated fishery, article 9 provides a power for the Authority to remove juvenile cockles.

Article 10 sets out the exemption the Authority may give to a person to dredge, fish for or take cockles for scientific and fisheries management purposes.

Article 11 requires the Authority to give the Secretary of State annual accounts and comply with requests for information, inspections of premises and documents from them.

Article 12 provides that nothing in this Order prejudicially affects the rights of landowners and lessees of any part of the regulated fishery.

Article 13 makes similar provision as respects the lawful activities of a statutory undertaker exercising its statutory functions or authority.

Article 14 revokes the Thames Estuary Cockle Fishery Order 2024 (S.I. 2024/1150). That Order contained an error and this instrument replaces it.

A full impact assessment has not been produced for this instrument as no significant impact on the private, voluntary or public sectors is foreseen.