The Waddeton Fishery Order 2001

Licensing of fishing E+W+S

6.—(1) Subject to article 4 above and paragraph (2) below, no person shall dredge, fish for or take any of the prescribed species within the fishery except under the authority of a licence issued in that behalf, on application, by the [F1 Authority].

(2) Paragraph (1) above shall not apply to persons taking up to 2 kilograms, in live weight, of cockles by hand in any period of 24 hours provided that such cockles are intended only for personal consumption.

(3) No person shall use a vessel for dredging, fishing for or taking any of the prescribed species within the fishery except under the authority of a licence issued under paragraph (1) above in which the vessel is named.

(4) Subject to paragraph (12) below, a licence for dredging, fishing for or taking any of the prescribed species from a vessel shall be issued jointly to the applicant, who shall be the owner of the vessel, and the skipper of the vessel and shall be used only by those persons.

(5) Subject to paragraph (12) below, a licence for fishing for or taking any of the prescribed species by hand (which shall include the use of any hand-held fishing instruments or machines) shall be issued to the applicant and shall be used only by that person.

(6) A licence shall be valid for the period not exceeding 12 months specified therein.

(7) Subject to any directions given by the Minister and the provisions of this article, the [F1 Authority] may issue licences under paragraph (1) above in such numbers and to such persons, and may authorise, exclusively or otherwise, the cultivation, dredging, fishing for or taking of the prescribed species at such times, in such manner and in such parts of the fishery as the [F1 Authority] may determine.

(8) Without the written consent of the Minister the [F1 Authority] shall not grant to any person an exclusive licence if, were the licence granted, the total area in respect of which that person would be entitled to exclusive licences would exceed 20 hectares.

(9) Except where the Minister has given his written consent to the contrary, all exclusive licences granted by the [F1 Authority] shall forbid the making of an assignment thereof.

(10) In determining whether a person is entitled to an exclusive licence for the purposes of paragraph (8)—

(a) references to a person’s being so entitled include references to his being—

(i) entitled by virtue of the assignment of an exclusive licence, or

(ii) beneficially entitled under the terms of one or more trusts; and

(b) the following shall be treated as one person—

(i) any two or more persons carrying on a business of shellfish cultivation in partnership;

(ii) a person having control of any company, within the meaning given in section 840 of the Income and Corporation Taxes Act 1988(1), and all the companies controlled by that person.

(11) The [F1 Authority] may, after consultation with such organisations as appear to it to be representative of interests likely to be substantially affected by a limitation on the number of licences issued, and such other persons as the [F1 Authority] thinks fit, place a limitation on the number of licences issued in any one year having particular regard to scientific advice on the desirability of limiting the level of exploitation.

(12) Without limiting the generality of the [F1 Authority]’s powers under this article, the [F1 Authority] may refuse to grant a licence if any person to whom it would be issued in accordance with paragraph (4) or (5) above has been convicted of a relevant offence within the previous twelve months.

(13) In this regulation “relevant offence” means either an offence under section 3(3) of the Sea Fisheries (Shellfish) Act 1967 or an offence under [F2 section 163(1) of the Marine and Coastal Access Act 2009].

Textual Amendments

F1 Word in Order substituted (1.4.2011) by The Marine and Coastal Access Act 2009 (Transitional and Savings Provisions) Order 2011 (S.I. 2011/603), art. 1(2), Sch. 2 para. 8(4)

F2 Words in art. 6(13) substituted (1.4.2011) by The Marine and Coastal Access Act 2009 (Transitional and Savings Provisions) Order 2011 (S.I. 2011/603), art. 1(2), Sch. 2 para. 8(3)

(1)

1988 c. 1.