PART 1Introductory matters

Title, commencement and application1.

(1)

The title of this Order is the Menai Strait (East) Mussel and Oyster Fishery Order 2022 and it comes into force on 2 April 2022.

(2)

This Order applies in relation to Wales.

Interpretation2.

In this Order—

“the Act” (“y Ddeddf”) means the Sea Fisheries (Shellfish) Act 1967;

“co-ordinate” (“cyfesuryn”) means a co-ordinate of latitude and longitude on the World Geodetic System 1984;

“the European marine sites” (“y safleoedd morol Ewropeaidd”) means —

(a)

Anglesey Terns/Morwenoliaid Ynys Môn designated special protection area ((EU code UK 9013061);

(b)

Liverpool Bay/Bae Lerpwl designated special protection area (EU code UK 9020294);

(c)

Traeth Lafan/Lavan Sands Conway Bay designated special protection area (EU code UK 9013031);

(d)

Y Fenai a Bae Conwy/Menai Strait and Conwy Bay designated special area of conservation (EU code UK 0030202);

(e)

Ynys Seiriol/Puffin Island designated special protection area (EU code UK 9020285);

in so far as they consist of marine areas;

“the Grantee” (“y Grantî”) means the Menai Strait Fishery Order Management Association (Company number: 07163689) whose registered office is at c/o Myti Mussels Limited, Port Penrhyn, Bangor, Gwynedd, LL57 4HN;

“laying” (“magwrfa”) means an area of the several fishery area with respect to which a lease may be or has been granted;

“lease” (“les”) means a lease of the right of several fishery;

“licence” (“trwydded”) means a licence granted under section 4 of the Act;

“licensed vessel” (“llestr drwyddedig”) means a vessel authorised to fish by a licence issued under section 14 or section 16 of the Fisheries Act 20205;

“marine environment” (“amgylchedd morol”) has the meaning given in section 5A(2) of the Act;

“the Order area” (“ardal y Gorchymyn”) means the area described in the Schedule to this Order;

“the prescribed species” (“y rhywogaethau rhagnodedig”) means shellfish of the species mytilus edulis and ostreidae;

“the regulated fishery area” (“ardal y bysgodfa a reoleiddir”) means any part of the Order area that is not for the time being designated as the several fishery area;

“the several fishery area” (“ardal y bysgodfa unigol”) means any part of the Order area designated as the several fishery area in accordance with article 4(1);

“site protection notice” (“hysbysiad gwarchod safle”) means a notice served on the Grantee under section 5B of the Act6;
“statutory undertaker” (“ymgymerydd statudol”) means any person who is, or is deemed to be, a statutory undertaker for the purposes of any provision of Part 11 of the Town and Country Planning Act 19907;

“tenant” (“tenant”) means a person to whom a lease is granted under article 8(2);

“watercraft identification number” (“rhif adnabod bad dŵr”) means an identification number provided for—

(a)

in Part A, paragraph 2.1 of Annex 1 to the Directive as set out in Schedule 1 to the Recreational Craft Regulations 20178;

(b)

in Part A, paragraph 2.1 of Annex 1 to the Directive as set out in Schedule 1 to the Recreational Craft Regulations 20049;

(c)

in paragraph 2.1 of Annex 1 to the Directive as set out in Schedule 1 to the Recreational Craft Regulations 199610.