The Cockle Fishing Management and Permitting (Specified Area) (Wales) Order 2024

PART 1 Introduction

Title, application and coming into force

1.—(1) The title of this Order is the Cockle Fishing Management and Permitting (Specified Area) (Wales) Order 2024.

(2) This Order applies in relation to Wales and comes into force as follows—

(a) Parts 1, 2, 3, articles 14, 15, 16 and 17 of Part 4, Schedule 1, Schedule 2 and Parts 1 and 2 of Schedule 3 to this Order come into force on 10 July 2024;

(b) article 18 of Part 4 and Part 3 of Schedule 3 to this Order come into force on the 16 June 2025(1).

Interpretation

2.  In this Order—

“the 2009 Act” (“Deddf 2009”) means the Marine and Coastal Access Act 2009;

“cockles” (“cocos”) means shellfish of the type Cerastoderma edule;

“cockle bed” (“gwely cocos”) means an area of sand or fine sediment within the specified area where an aggregation of cockles is present;

“environmental assessment” (“asesiad amgylcheddol”) means an assessment of the implications of opening a cockle bed on a protected site under regulation 63 or regulation 65 of the Conservation of Habitats and Species Regulations 2017(2);

“harvestable surplus” (“gornifer cocos y gellir eu can be fished for or taken from the cockle bed without negatively impacting the long term sustainability of the cockle bed;

“intertidal safety training course” (“cwrs hyfforddiant ar ddiogelwch rhynglanwol”) means a course that aims to make attendees familiar with conducting risk assessments, tidal information, position fixing, danger of crossing water and soft areas, commercial boat use legislation and how to request assistance in an emergency;

“live weight” (“pwysau byw”) means the weight of live cockles determined by weighing them in woven mesh sacks with no allowance being made of the weight of the mesh sack, whether wet or dry, nor of sand or other materials present in the sack;

“relevant protected site” (“safle gwarchodedig perthnasol”) means a European marine site, within the meaning of the Conservation of Habitats and Species Regulations 2017 and a site of special scientific interest, within the meaning of the Wildlife and Countryside Act 1981(3);

“single permit period” (“un cyfnod trwydded”) means—

(a)

the period beginning on 1 June in a calendar year until the end of 31 May the following year, or

(b)

where the permit is issued after 1 June in a calendar year, the period beginning when the permit is issued until the end of 31 May the following year;

“specified area” (“ardal benodedig”) means the area described in Schedule 1 to this Order;

‘Wales’ (“Cymru”) has the same meaning as in section 158(1) Government of Wales Act 2006(4);

“vessel” (“llestr”) has the same meaning as in section 115(1) of the 2009 Act and, for the purposes of this Order, refers to a vessel used to carry cockles fished for or taken from a cockle bed.

PART 2 Management of cockle beds within the specified area and fishing restrictions

Prohibition

3.  No person may fish for or take cockles or knowingly allow or assist another person to fish for or take cockles—

(a) from a closed cockle bed, and

(b) except and to the extent authorised by a permit issued under Part 3.

Restriction on fishing activity

4.  All cockle beds are closed until they are assessed and declared open by the Welsh Ministers under articles 5 and 6.

Assessment of cockle beds

5.—(1) In order to determine whether the criteria set out in article 6(a) and (b) have been met, the Welsh Ministers must assess all cockle beds that are closed under article 4 before the end of September 2024.

(2) From 1 January 2025, the Welsh Ministers must assess all cockle beds at least once during each calendar year.

(3) For the purposes of this Part the terms “assess” and “assessment” mean the completion of—

(a) a stock survey,

(b) calculation of a harvestable surplus, and

(c) if there is a harvestable surplus, any required environmental assessment.

Duty to open a cockle bed

6.  The Welsh Ministers must by declaration, open a cockle bed if an assessment carried out under article 5 has concluded that—

(a) there is a harvestable surplus, and

(b) opening the cockle bed subject to conditions on fishing for or taking cockles from that bed will not adversely affect the integrity of a relevant protected site.

Duty to close a cockle bed

7.—(1) The Welsh Ministers must by declaration close an open cockle bed if there is evidence that—

(a) the harvestable surplus has been fished or taken,

(b) closure is necessary to avoid an adverse effect on the integrity of a relevant protected site, or

(c) closure is necessary to assess the risk of adverse effect on the integrity of a relevant protected site.

(2) A declaration closing a cockle bed must include the reason why it has been closed.

PART 3 Permits to fish for or take cockles

Requirement for a permit

8.—(1) The Welsh Ministers may issue a permit for the purpose of authorising fishing for or taking cockles from the specified area.

(2) The permit may be issued—

(a) to a person, and

(b) for a single permit period.

(3) The permit will enable the permit holder to fish for or take cockles from open cockle beds during the permit period.

(4) A permit may not be transferred from one person to another.

Permit conditions

9.—(1) Every permit issued by the Welsh Ministers under article 8 is subject to—

(a) the conditions set out in Schedule 2 to this Order, and

(b) any additional conditions required to regulate the fishing for or taking of cockles from a specified cockle bed.

(2) The additional conditions referred to in paragraph (1)(b) are as follows—

(a) an amended harvestable surplus;

(b) a daily catch limit;

(c) a specified minimum landing size;

(d) specified dates, times or tides during which fishing for and taking cockles is not permitted;

(e) specified methods or equipment that may be used when fishing for or taking cockles;

(f) specified means of access to the specified area or a cockle bed;

(g) other conditions on fishing for or taking cockles required by the environmental assessment of the cockle bed under article 5.

(3) The Welsh Ministers may vary the additional conditions or remove them from permits.

(4) Where reasonably practicable, the Welsh Ministers will consult with permit holders and other relevant stakeholders before varying or removing additional conditions.

(5) The Welsh Ministers must notify the following persons of a decision to vary or remove additional conditions—

(a) permit holders, and

(b) any other person who they consider appropriate.

(6) A notification under paragraph (5) must include the reasons for the Welsh Ministers’ decision.

(7) In this article—

(a) “a daily catch limit” means the total live weight of cockles which may be fished for or taken each day by each permit holder;

(b) “minimum landing size” means a cockle which will pass through a gauge having a square opening of X millimetres measured across each side of the square, with “X” being the measurement set in conditions attached to a permit issued under article 8 of this Order.

Persons entitled to a permit

10.—(1) A person may apply for a permit if they—

(a) are 16 years of age or over,

(b) hold an intertidal safety training course certificate issued within the preceding 3 year period, and

(c) have not been convicted within the preceding 12 month period, or the preceding 6 month period if they were under 18 at the date of their conviction, of a relevant offence.

(2) In this article, “relevant offence” means—

(a) an offence under section 3(3) (contravening a fishery regulating order etc) of the Sea Fisheries (Shellfish) Act 1967(5);

(b) an offence under section 31(2) (refusing entry, search and investigation to a water bailiff) of the Salmon and Freshwater Fisheries Act 1975(6);

(c) an offence under—

(i) section 139 (contravention of orders under sections 134, 134A, 134B or 136),

(ii) section 190 (contravention of orders under section 189), or

(iii) section 292 (offences in relation to enforcement officers), of the 2009 Act(7).

Application for a permit

11.—(1) To apply for a permit, a person must—

(a) submit to the Welsh Ministers a completed application in such form as the Welsh Ministers may require,

(b) provide such proof as the Welsh Ministers may require of their—

(i) identity,

(ii) address,

(iii) completion of an intertidal safety training course, and

(iv) national insurance number or Unique Taxpayer Reference Number,

(c) where a vessel will be used to carry cockles from a cockle bed, provide information or documentation relating to—

(i) the vessel master;

(ii) the vessel, including the number of the Maritime and Coastguard Agency certificate of coding (if applicable), and

(d) pay the annual permit fee.

(2) An application may be made in respect of a single permit period.

Permit fees

12.—(1) The annual permit fee—

(a) is to be determined by the Welsh Ministers,

(b) will apply to each permit, and

(c) will apply even where a permit is applied for and issued partway through a permit period.

(2) In determining the annual permit fee, the Welsh Ministers may take into account—

(a) expenditure arising from the management of the cockle beds,

(b) expenditure arising from any scientific surveys or environmental assessments relating to the cockle beds,

(c) expenditure arising from the administration of permit applications,

(d) expenditure arising from any analysis of daily catch returns, and

(e) any other relevant expenditure.

Production of permits and additional requirements

13.—(1) A person fishing for or taking cockles must produce a copy of that person’s permit if requested to do so by a person authorised by the Welsh Ministers.

(2) A person who has been requested to produce a permit under paragraph (1) must not fish for or take cockles from a cockle bed until that permit has been produced.

(3) A person in the vicinity of a cockle bed must carry out the reasonable instructions of a person exercising functions under this Order.

(4) A person must not obstruct a person carrying out functions under this Order.

PART 4 Exemptions, re-deposit of cockles and final provisions

Exemptions

14.  The provisions of this Order do not apply—

(a) to a person who takes, by hand, no more than 5 kilograms in live weight of cockles in any one day for personal consumption,

(b) to a person who fishes for or takes cockles with the prior written authority of the Welsh Ministers for scientific or fisheries management purposes, and

(c) to the extent that they prohibit, restrict or interfere with,

(i) any right of several fishery, or

(ii) any right on, to or over any part of the seashore that is enjoyed by a person under a local or special Act of the Parliament of the United Kingdom, a Royal charter, letters patent, or by prescription or immemorial usage.

Re-deposit of cockles

15.—(1) A person who fishes for or takes cockles contrary to the provisions in this Order must re-deposit the cockles on the cockle bed from which they were taken in accordance with instructions from a marine enforcement officer.

(2) When re-depositing cockles under paragraph (1), the cockles must be spread thinly and evenly.

(3) In this article a “marine enforcement officer” has the same meaning as in section 235(1) of the 2009 Act.

Declarations, notices and permits

16.—(1) A declaration, notification or permit made or issued under this Order must be made in writing.

(2) Declarations and notifications made under this Order will be published on the Welsh Government website(8) and, whenever practicable, declarations will be placed in clearly visible locations on or near the cockle bed.

(3) Where anything under this Order must be done in writing, that includes an electronic communication as defined in section 15(1) of the Electronic Communications Act 2000(9), which has been recorded and is consequently capable of being reproduced.

(4) Declarations and notifications may be amended or revoked by subsequent declarations or notices.

Revocations and amendments: general

17.—(1) Part 1 of Schedule 3 contains revocations and amendments to secondary legislation.

(2) Part 2 of Schedule 3 contains revocations and amendments to the Byelaws of the former North Western and North Wales Sea Fisheries Committee(10) and the Byelaws of the former South Wales Sea Fisheries Committee(11).

Revocations and amendments: Burry Inlet cockle fishery

18.  Part 3 of Schedule 3 contains revocations and amendments to the Marine and Coastal Access Act 2009 (Commencement No 1, Consequential, Transitional and Savings Provision) (England and Wales) Order 2010(12) and the Byelaws of the former South Wales Sea Fisheries Committee in respect of the Burry Inlet cockle fishery.

Huw Irranca-Davies

Cabinet Secretary for Climate Change and Rural Affairs, one of the Welsh Ministers

25 June 2024