NORTH WESTERN AND NORTH WALES SEA FISHERIES COMMITTEE
OFFICER’S REPORT
BYELAW 14
COCKLE FISHERY - SEASONAL CLOSURE
Report by the Principal Fishery Officer
Purpose of Report
To appraise Members on the progress of a Byelaw for a closed season for cockles, extending throughout the District.
Recommendation
That Members endorse the report,
That the draft Byelaw 14 at Annex B be duly 'made'.
1. Background
1.1 Members will be aware that the Byelaw 14 at annex A was formally 'made' at the November 2005 meeting of the Joint Committee. At that meeting Officers also reported that if the Byelaw were to be in place by 1st May 2006, an extremely tight schedule of advertisement, consultation and Ministerial approval would need to be completed.
1.2 In order to expedite due process, early in December 2005, the Byelaw was submitted to DEFRA (London) for legal comment, prior to any formal public advertisement.
2. Action to Date
2.1 Officers met with DEFRA officers on the 12th and 13th January 2006 in order to assess the likelihood of Byelaw 14 being enabled by 1st May 2006. At those meetings officers from the DEFRA Legal Department requested amendments to the wording of the Byelaw in order to reduce the possibility of future legal challenge, whilst retaining the flexibility for proactive management.
2.2 Officers have therefore prepared a revised Byelaw 14 (Annex B) which has been forwarded to DEFRA for comment. Officers expect to bring a verbal report of favourable comments to the February 2006 meeting of the Joint Committee.
2.3 Subject to favourable comment from DEFRA, Officers would recommend that the Byelaw 14 at Annex B be duly 'made' and formally advertised.
MARTYN BOYCE
Principal Fishery Officer
16th January 2006
LOCAL GOVERNMENT (ACCESS TO INFORMATION) ACT, 1985
List of Background Papers
There are no background papers to this report.
ANNEX A
BYELAW 14
COCKLE FISHERY - SEASONAL CLOSURE
No person shall fish for, remove, take or disturb any cockles (Cerastoderma edule) in any part of the District between the 1st day of May and the 31st day of August in the same year, both dates inclusive.
Provided that it shall not be an offence under this byelaw to remove cockles (Cerastoderma edule) from a fishery in accordance with the written authority of the Committee.
ANNEX B
BYELAW 14
COCKLE FISHERY - SEASONAL CLOSURE
No person shall fish for, remove, take or disturb any cockles (Cerastoderma edule) in any part of the District between the 1st day of May and the 31st day of August in the same year, both dates inclusive. Provided that the Committee may close any cockle bed, or part thereof, outside of this period under the provisions of Byelaw 13A.
Provided also that it shall not be an offence under this byelaw to remove cockles (Cerastoderma edule) from a fishery:
for scientific purposes,
for stock management purposes
in accordance with the written authority of the Committee.