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The Whelk Fishing (Wales) Order 2019

W.S.I. 2019/1042 · Made 24 June 2019 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 31 December 2020.

Sea Fisheries, Wales

Conservation Of Sea Fish

Made 24 June 2019

Laid before the National Assembly for Wales 25 June 2019

Coming into force 4 July 2019

The Welsh Ministers make the following Order in exercise of the powers conferred by sections 1(1), 1(3) 1(4), 1(6), 5(1) and 5(2) of the Sea Fish (Conservation) Act 1967 M1, now vested in them M2.

Annotations to the whole text

Marginal citations

M1

1967 c. 84, (“the 1967 Act”). Section 1 of the 1967 Act was substituted by the Fisheries Act 1981 (c. 29), section 19(1). Section 1(1) of the 1967 Act was amended by the Marine and Coastal Access Act 2009 (c. 23) (“the 2009 Act”), section 194(1) and (2) and S.I. 1999/1820, article 4, Schedule 2, Part 1, paragraphs 43(1), (2)(a). Section 1(3) of the 1967 Act was substituted by the 2009 Act, section 194(1) and (4). Section 1(4) of the 1967 Act was amended by the 2009 Act, section 201, Schedule 15, paragraph 1(1), (2)(a) and (b). See section 1(9) for a definition of the “appropriate national authority”. Section 1(9) was inserted by the 2009 Act, section 194(1) and (5) and amended by S.I. 2010/760. Article 4(2) and (3). Section 5(1) was substituted by the 2009 Act, section 198(1) and (2). Section 5(2) was amended by the 2009 Act, section 201, Schedule 15, paragraph 3(1) and (2). See section 5(9) for a definition of “the appropriate national authority”. Section 5(9) was inserted by the 2009 Act, section 198(3) and amended by S.I. 2010/760, article 4(2) and (4). Section 22(2) of the 1967 Act, which contains a definition of “the Ministers”, was amended by the Fisheries Act 1981 (c. 29), section 19(2)(d) and (3), and 45 and 46, Schedule 5, Part II and S.I.1999/1820, article 4, Schedule 2, Part I, paragraph 43(1) and (12)), Part IV.

M2

The functions of the Ministers under sections 1(1), 1(3) 1(4), 1(6), 5(1) and 5(2) so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales (as constituted under the Government of Wales Act 1998 (c. 38)): see article 2(a) of and Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order (S.I. 1999/672). Those functions were then further transferred to the Welsh Ministers by section 162 and paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32). So far as exercisable in relation to the Welsh zone, the functions of the Ministers under sections 1(3), 1(4), 1(6), 5(1) and 5(2) of the 1967 Act, were transferred to the Welsh Ministers by article 4(1)(b) of the Welsh Zone (Boundaries and Transfer of Functions) Order 2010 (S.I. 2010/760).

Contents

  1. 1Title, commencement and application
  2. 2Interpretation
  3. 3Fishing prohibition for specified whelk
  4. 4Prohibition on landing of specified whelk
  5. 5Prohibition on carriage of specified whelk
  6. 6Measurement of whelk
  7. 7Revocation and Amendments
  8. Signature
  9. Explanatory note

1Title, commencement and applicationI1

(1)

The title of this Order is the Whelk Fishing (Wales) Order 2019 and it comes into force on 4 July 2019.

(2)

Subject to paragraph (3), this Order applies in relation to Wales.

(3)

Articles 3 and 5 apply in relation to the Welsh zone.

2InterpretationI1

In this Order, unless the context requires otherwise—

  • “the Act” (“y Ddeddf”) means the Sea Fish (Conservation) Act 1967 M1;

  • F1...

  • “Specified minimum size” (“maint lleiaf penodedig”) means—

    1. (i)

      55 millimetres before 4 July 2020, and

    2. (ii)

      65 millimetres on and after 4 July 2020;

  • “Wales” (“Cymru”) has the meaning given in section 158 of the Government of Wales Act 2006 M2;

  • “Welsh zone” (“parth Cymru”) has the meaning given in section 158 of the Government of Wales Act 2006 M3; and

  • “Whelk” (“cregyn moch”) means shellfish of the species Buccinum undatum.

3Fishing prohibition for specified whelkI1

It is prohibited for a F1fishing boat to fish for whelk with a size of less than the specified minimum size.

4Prohibition on landing of specified whelkI1

For the F1purposes of section 1(1) of the Act (which prohibits the landing of any sea fish of any description which does not meet the requirements as to size as may be prescribed in relation to sea fish of that description) it is prescribed that the minimum size for whelk is the specified minimum size.

5Prohibition on carriage of specified whelkF1

(1)

For the purposes of section 1(3) of the Act (which prohibits the carriage on specified fishing boats of any sea fish of any description which does not meet the requirements as to size prescribed in relation to sea fish of that description), whelk with a size of less than the specified minimum size may not be carried by a F2fishing boat that has fished in the Welsh zone during that boat’s current fishing trip.

(2)

In this article, “current fishing trip” means the time from when the fishing boat departed from a port to the time when it returns to a port.

6Measurement of whelkF1

For the purposes of articles 3, 4 and 5, the size of a whelk is to be measured in accordance with paragraph 6 of Annex 6 to Regulation (EU) 2019/1241 of the European Parliament and of the Council of 20 June 2019 on the conservation of fisheries resources and the protection of marine ecosystems through technical measures.

7Revocation and AmendmentsI1

(1)

Byelaw 11 (Whelk – Minimum Size) M1 of the former South Wales Sea Fisheries Committee M2 is revoked.

(2)

In Byelaw 19 (Specified Fish Sizes) M3 of the former North Western and North Wales Sea Fisheries Committee M4,in the Table specifying minimum shellfish size, delete the row relating to Whelk.

(3)

In the Marine and Coastal Access Act 2009 (Commencement No. 1, Consequential, Transitional and Savings Provisions) (England and Wales) Order 2010 M5, in the Table in Schedule 3, delete the row relating to Byelaw 11.

Signature

Lesley Griffiths

Minister for Environment, Energy and Rural Affairs, one of the Welsh Ministers

Explanatory note

(This note is not part of the Order)

This Order makes provision regarding the fishing, landing and carriage of whelk by British fishing boats in Wales and the Welsh zone.

Articles 3 of this Order prohibits fishing for whelk under specified minimum size in Wales and the Welsh zone.

Article 4 prescribes the specified minimum size for the landing of whelk in Wales.

Article 5 prescribes the specified minimum size for the carriage of whelk in Wales or the Welsh zone.

The specified minimum size for the purposes of Articles 3, 4 and 5 is 55 millimetres before 4 July 2020 and 65 millimetres on and after 4 July 2020.

Article 6 prescribes the method by which the size of a whelk is to be determined for the purposes of this Order.

Article 7 revokes Byelaw 11 (Whelk – Minimum Size) of the former South Wales Sea Fisheries Committee (“SWSFC”) and amends Byelaw 19 (Specified Fish Sizes) of the former North Western and North Wales Sea Fisheries Committee (“NWNWSFC”).

The SWSFC and the NWNWSFC were abolished, in relation to Wales, on 1 April 2010 when the Sea Fisheries Regulation Act 1966 (c. 38) was repealed by section 187 of the Marine and Coastal Access Act 2009 (c. 23). Since 1 April 2010, the Byelaws mentioned above have had effect as if made by the Welsh Ministers in a statutory instrument by virtue of paragraphs (1) and (3) of article 13 of 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 (S. I. 2010/630 (C. 42)). Article 7(3) makes a consequential amendment to the 2010 Order.

The provisions of this order were notified in draft to the European Commission in accordance with the requirements of Article 46 of Council Regulation (EC) No. 850/98 of 30 March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms (OJ No. L 125, 24.04.98, p. 1).

A Regulatory Impact Assessment has been undertaken in respect of this Order and is available for inspection at the offices of the Welsh Government, Cathays Park, Cardiff CF10 3NQ.