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The Dee Estuary Cockle Fishery Order 2008

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This is the original version (as it was originally made).

Article 4(4)

SCHEDULE 1REGULATIONS AND RESTRICTIONS APPLICABLE TO THE FISHERY

1.  Any person in possession of cockles in breach of a provision of this Order must, if requested by the grantee, immediately redeposit them as close as possible to the location from which they were taken.

2.—(1) No person may remove any culch or other material for the reception of spat of cockles from the fishery or from one part of the fishery to another unless the grantee has given that person written consent.

(2) Any person lifting any culch or other material for the reception of spat of cockles within the fishery must immediately replace it as close as possible to the place from which it was lifted.

3.  Paragraph 2 does not apply to any removing or lifting—

(a)caused by raising an anchor or other mooring device for the purpose of navigation; or

(b)in pursuance of provision made under section 3(1)(c) of the Act.

4.  No person may dredge, fish for or take cockles in or from any bed within the fishery which the grantee has closed unless the grantee has given that person written consent.

5.—(1) No person may introduce any cockles into the fishery.

(2) Sub-paragraph (1) does not apply to any introduction in pursuance of provision made under section 3(1)(c) of the Act.

Article 5(1)

SCHEDULE 2TERMS WHICH MAY BE ATTACHED TO A LICENCE

Subject to any direction made under section 4(5) of the Act, the matters about which the grantee may attach terms to a licence include the following—

(a)the cockle beds on which a person may dredge, fish for or take cockles;

(b)the size or description of dredges or fishing instruments which a person may use to dredge, fish for or take cockles;

(c)the size, description or name of any vessel which a person may use to dredge, fish for or take cockles;

(d)the means by which a person may dredge, fish for or take cockles;

(e)when a person may dredge, fish for or take cockles;

(f)the size of cockles in respect of which a person may dredge, fish for or take cockles;

(g)the amount of cockles which a person may dredge, fish for or take at any one time; and

(h)the means by which, and locations at which, a person may access the fishery in order to dredge, fish for or take cockles.

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