2019 No. 1042 (W. 184)
The Whelk Fishing (Wales) Order 2019
Made
Laid before the National Assembly for Wales
Coming into force
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).
Title, commencement and applicationI21
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.
InterpretationI62
In this Order, unless the context requires otherwise—
-
“the Act” (“y Ddeddf”) means the Sea Fish (Conservation) Act 1967 F3;
-
“British fishing boat” (“cwch pysgota Prydeining”) means a fishing boat which is either registered in the United Kingdom under Part II of the Merchant Shipping Act 1995 F4 or is owned wholly by persons qualified to own British ships for the purposes of that part of the Act;
-
“Specified minimum size” (“maint lleiaf penodedig”) means—
- i
55 millimetres before 4 July 2020, and
- ii
65 millimetres on and after 4 July 2020;
- i
-
“Wales” (“Cymru”) has the meaning given in section 158 of the Government of Wales Act 2006 F5;
-
“Welsh zone” (“parth Cymru”) has the meaning given in section 158 of the Government of Wales Act 2006 F6; and
-
“Whelk” (“cregyn moch”) means shellfish of the species Buccinum undatum.
Fishing prohibition for specified whelkI73
It is prohibited for a British fishing boat to fish for whelk with a size of less than the specified minimum size.
Prohibition on landing of specified whelkI44
For the purpose 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.
Prohibition on carriage of specified whelkI55
For the purpose 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), it is prohibited for a British fishing boat to carry any whelk with a size of less than the specified minimum size.
Measurement of whelkI36
For the purposes of articles 3, 4 and 5, the size of a whelk is to be measured in accordance with paragraph 7 of Annex XIII to Council Regulation (EC) No 850/98 for the conservation and management of fishery resources through technical measures for the protection of juvenile marine organisms F7.
Revocation and AmendmentsI17
1
2
3
In the Marine and Coastal Access Act 2009 (Commencement No. 1, Consequential, Transitional and Savings Provisions) (England and Wales) Order 2010 F12, in the Table in Schedule 3, delete the row relating to Byelaw 11.
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.